An ignition interlock device requires drivers to take a breathalyzer test before a vehicle will start. (CBC)

Many B.C. drivers who have had their licences suspended for impaired driving are being penalized beyond the intention of the law due to a bureaucratic backlog, CBC News has learned.

More than 5,000 B.C. drivers have been caught with blood alcohol levels above 0.08 since September, when the province implemented tougher new impaired driving laws.

The new law stipulates that drivers — in addition to a 90-day suspension and other penalties — must install and pay for an ignition interlock device on their vehicles for one year.

The device includes a built-in breathalyzer that the driver must use before the vehicle will start.

But the government can't keep up with the demand that its new law has created.

The B.C. solicitor general's ministry acknowledges the delay is as high as six weeks, and blames a three-fold increase in the number of referrals to get the devices installed.

Ministry promises improvements

The explanation doesn't wash with Vancouver lawyer Paul Doroshenko, who says it's incompetent and a violation of people's rights.

"The government brought in legislation before it had brought in all the things that are required to make the legislation work," Doroshenko said.

"Once the 90-day driving prohibition is over, you're not allowed to get back on the road. Why? Because the government hasn't set up the necessary apparatus to make sure you can get back on the road, as is your right."

The delays run up to six weeks in Kelowna, four weeks in the Lower Mainland and Victoria and two weeks in Prince George.

To mitigate delays, the company that has been contracted to install the interlock devices is doubling capacity at its Richmond site, with similar plans for Kelowna, a ministry spokesperson told CBC News Friday.

It also will open a site in Burnaby, increase capacity by 50 per cent at the Abbotsford location and is seeking to sub-contract other companies to do installations.

The spokesperson also said motorists are now being advised to book appointments within 30 days of their prohibition end date, to avoid delays in having the device installed.

With files from the CBC's Lisa Johnson