‘Sweeping change’ to impaired driving laws increase police powers to breath test

VANCOUVER (NEWS 1130) – If you are pulled over by police at a check stop or for any reason, they can now demand a roadside breath test without any suspicion you’ve been drinking.

It’s a “sweeping change” to Canada’s impaired driving laws, according to NEWS 1130 legal analyst Michael Shapray.

“Certainly we’ve always lived in a society where police have had to have some suspicion or information before police can take investigative steps on people,” he says.

Lawyers and rights activists are concerned the law may be overly broad and even violate the rights of some people. Shapray says someone is likely to take these laws “probably all the way up through the courts and to the Supreme Court of Canada in the next couple years.”

Vancouver-based criminal lawyer Paul Doroshenko tells NEWS 1130 his office drafted a constitutional challenge to the new rules before they were even enacted, they’re just waiting for the right client to call.

The courts have delivered mixed results when impaired driving laws have been challenged in the past. B.C’s immediate roadside prohibition laws, enacted in 2010, originally allowed police to impound cars and suspend a driver found to have a blood alcohol level above 0.05.

A judge struck down part of that law in 2011, making it easier to challenge and appeal roadside screenings and prohibitions.

But strict driving legislation has also been upheld by the courts at times, says Shapray, who points out that you do not have the right to have your lawyer present during a roadside investigation or screening test, even though that right is immediate in every other circumstance.

“The courts have held that that’s a reasonable limitation on someone’s constitutional rights because of the importance of doing roadside screening tests.”

But will law enforcement change their tactics? Shapray thinks so and warns drivers they must submit to an exam when asked or face serious criminal charges, including thousands of dollars in fines and possible jail time for multiple offences.

Toronto Police Sergeant Brett Moore says it’s not about targeting law-abiding, sober drivers.

“People that fancy themselves as someone who can hold their liquor and sort of mask the effects of that they’re under, those are the people that we want to send a message to. Expect to be stopped and when you are stopped expect to provide a roadside sample of your breath.

Aside from the constitutional questions, people may be asking why so many people choose to drink and drive.

With 70 deaths linked to impairment on B.C. roads in 2017, the numbers have improved since immediate roadside prohibition was introduced in 2010. However, advocates against drunk driving say there should be zero impaired driving deaths or injuries.

Shapray, who often defends clients against impaired driving charges, says he hears all the excuses, but one thing that stands out to him is a lack of transportation and ride sharing options that encourage people to make the wrong call when they’ve been drinking.

“Anyone who has tried to find a taxi in Vancouver on a busy Saturday night knows how difficult it will be and how little options there are when you can’t find a taxi,” he says.

“I think if we had ride sharing people would just not worry about taking their car one way even.”

-With files from Carl Hanstkey