The concept of equal treatment under the law is hard to hold onto when one looks at something like an in-car breathalyser device to monitor the sobriety of people convicted of impaired driving.

It has been two months since the ignition interlock system became law in Ontario and complaints are starting to trickle in to this desk. The device will be mandatory in the cars of impaired drivers after they have paid their fines and served their suspensions.

It's impossible to drum up sympathy for anybody driving drunk, and this is not an attempt to do that. It's a report on the kind of questions starting to pop up as the reality of the new method sets in.

The car won't start until the driver blows into the gizmo and it determines that his blood-alcohol reading is less than 20 millilitres of alcohol per 100 millilitres of blood (.02). That's one-quarter of the legal limit for everybody else (.08). The in-car breathalyser must stay in place for a year after the driving permit is reinstated. The driver has to blow into it periodically after the car is started or a lock-out system will shut off the car. That will force a trip to a garage to reactivate the car. Add towing and repair costs.

The lock-out system isn't a bad idea, but there is an equity issue. Each one costs $1,600 and the cost must be borne by the convicted. That's no problem to a drinker with champagne tastes. Less affluent offenders may find it impossible, especially after paying a fine that is usually in the $1,000 range.

In an average year in Ontario, 16,000 face impaired driving charges. Most of them are first-time offenders. Those now standing up in courtrooms are looking at the added costs of the ignition cut-out. They're starting to ask questions.

Would it be possible to lease these devices at a lower cost? Could the province handle that in such a way as to make extra revenue but give the car owner a break? The system as designed would be a heavy penalty for the poor, but a minor inconvenience for the affluent.

Another issue not addressed in the drunk driving field is the availability of public transportation. The suspension period, usually one year for the first offence, is not nearly as costly or inconvenient for city people. Those in rural areas and small towns face far greater expenses because they have to use taxis where no bus service is available. Yet those differences in costs and conveniences aren't reflected in fines.

For anybody who thinks getting the family bus home while loaded is worth the risk, don't forget to figure in the cost of mandatory addiction counselling.

Taking a chance driving while drinking is a stupid bet and the penalty should be severe. But it should also be within the bounds of equal justice.

Power in the Court

Because my reporting career started in the 1950s, I've watched the evolution of courts, and seen courtrooms morph into dangerous places. I learned why in transcripts the judge is referred to as the court. He or she wasn't doing the judging, but playing the role of keeper of the rules. This is particularly clear in jury trials.

One is not being judged by the robed figure on the bench, but by the court. Many protections were built into the rules so the court operated in a manner that protected all. We used to be judged under a uniform set of laws.

As specialty courts evolved, particularly the family courts, things changed. We have created a situation in which one person is in a position to judge us on things such as our character. Are we good or bad? If we have not harmed our children, are we the type who might in the future?

We can lose our children if the person on the bench thinks we don't live up to his/her opinion of what makes a good parent. It might be in the best interests of a child to find better parents. To make things scarier, these courts operate in virtual secrecy and with no presumption of innocence.

In a criminal court, there is much to protect us from losing our freedom for a few weeks. In a family court, there is little to protect us from losing our children for a lifetime.

No matter how many times I express this opinion, it amazes me how little concern it generates. Nobody thinks it can happened to them until hell is turned loose -- sometimes by a misspeak.

Dave Brown Is the Citizen's Senior Editor. Send E-Mail to Dbrown@thecitizen.Canwest.Com Read Previous Columns by Dave Brown at Www.Ottawacitizen.Com