Starting today (Tue, Dec. 18, 2018) new impaired driving rules come into effect across Canada. Changes to the Criminal Code mean police officers now have the authority to ask for a breath sample from any driver they stop legally. Previously, police needed to have a reasonable motive to ask for a breath sample after pulling someone over.
“Reasonable suspicion” could be triggered by the smell of alcohol, slurred speech, clumsiness or admission of having had alcohol to drink. Now, police don’t need any reason or excuse to ask for a breath sample.
Road safety advocates think this could be a big help to stopping drunk drivers. They say many people who’ve had too much to drink couldn’t previously be caught because they didn’t show any signs of inebriation. Police couldn’t test them…
However, some say the changes could also allow police to profile drivers, racially or otherwise. They say police could set up abusive alcohol screenings in low-income or high-traffic neighbourhoods. Some have gone as far as to say the new law may violate the Charter of Rights and Freedoms by denying Canadians their right to plausible deniability.
Time will tell if this new law will eventually be contested in court, but it seems clear for now that it will at least allow police to catch more drunk drivers this Holiday season… And subject them to heftier penalties!