Kevin Wiener has a message for the Ontario government — he thinks the new booze ban for young drivers is unconstitutional.

The 20-year-old Toronto resident is filing an application in the Ontario Superior Court of Justice challenging the law that came into effect Sunday. Wiener says it restricts based on age, instead of experience.

"I believe that it's experience that determines whether you can possibly drive after you have a drink with dinner, not your age," he said.

The law prohibits drivers under the age of 22 from having any trace of alcohol in their system when operating a motor vehicle.

Since Sunday, when the law came into effect, Ontario Provincial Police have issued five people with 24-hour driving suspensions under the new rule.

According to Mothers Against Drunk Driving Canada, while drivers aged 16 to 24 make up just 13 per cent of the population, they represent 33 per cent of deaths caused by drunk driving.

However, Wiener says it's not fair that new drivers who are older do not face the same restrictions as young drivers, and points out that some younger drivers may have more experience on the road.

"While it's true that all young drivers are inexperienced, not all inexperienced drivers are young," he said.

Wiener says this is a form of age discrimination and it's unconstitutional. If people are old enough to fly jets in the military, serve jury duty and vote, they are old enough to make sensible decisions about drinking and driving, he says. He plans to file his challenge to the new law on Wednesday.

"Adults are adults," he said. "And [Premier] Dalton McGuinty is trying to treat people who are 21 years old like they're children, and they're not."