As the constitutional challenges to the 2008 amendments to the Criminal Code eliminating the basic defence to breathalyzer charges work their way to the Supreme Court an attack is about to be launched on a recent Ontario law prohibiting any amount of blood alcohol in drivers under the age of 22.

Given the hugely disproportionate involvement of young drivers in fatal accidents most criminal lawyers predict this law will  be found by the courts to be a reasonable limit on the constitutional right of young drivers not to be discriminated against. Indeed, in light of the predominance of alcohol use as a cause of fatal accidents it is difficult to see how the higher courts could justify invalidating  government efforts, both federal and provincial, to curtail drinking and driving.