Breath test mandatory at all stops
Impaired driving checks will become routine on Calgary roads
Every driver in Calgary can expect to blow into a roadside device when they are pulled over or going through a Checkstop, due to an expansion of Calgary Police Service’s mandatory alcohol screening program.
Calgary police are supplying screening devices to every frontline officer to ensure every driver is sober, which could save hundreds of lives a year nationwide. They’ve increased their arsenal of screening devices from about 160 to 300.
Where there used to be about eight officers performing mandatory alcohol screening at any given time, there will now be around 200.
“The Traffic Safety Act has always allowed us to stop motorists to check their sobriety,” said Const. Andrew Fairman, with the alcohol and drug recognition unit. “The only thing that’s changing is that when we walk up to a vehicle, the first thing we’re going to do is provide that breath sample.”
A year ago, the mandatory alcohol screening program was launched in compliance with federal legislation, enabling officers to receive a breath sample from every driver on the road.
Since the program began in December 2018, Calgary police have taken more than 15,600 samples which resulted in 142 Criminal Code charges and 359 provincial sanctions.
Through the program, an officer with an approved screening device can test the breath of any driver who has been lawfully stopped. There is no need for the officer to have reasonable suspicion that the driver is intoxicated before asking for a breath sample.
“This is going to save lives, and if you haven’t consumed alcohol, then is it worth 30 seconds of your time to save lives?” said Fairman.
Canada joins over 40 countries that have implemented mandatory alcohol screening to lower the number of intoxicated drivers on the road. Fairman said the risk of being caught driving impaired is increasing significantly with this initiative.
“Authorities in Ireland credit mandatory screening for reducing the number of deaths by approximately 40 per cent in the first four years after it was enacted,” a Calgary Police Service release states.
If Canada’s impaired driving-related deaths were reduced by 40 per cent, hundreds of lives would be saved, according to the release. In 2015, 718 people were seriously injured or killed in impaired driving incidents.
At a police commission meeting Tuesday, Insp. Steve Ellefson said that fatal collisions involving alcohol or drugs were among the lowest on record (since 2007) in 2017 and 2018, with two and six deaths, respectively. In 2019, the total tentatively reached eight.
Eric Dumschat, legal director at Mothers Against Drunk Driving
Canada, is urging other police services in Canada to follow Calgary’s example.
“As far as I’m aware, Alberta’s taking the lead on this one,” he said.
“This is a system that will save lives as well as a system that will prevent people from being injured in horrific preventable crashes.”
A driver who has been pulled over or enters a Checkstop will be told, “This is a mandatory alcohol screening. You are required to immediately provide a breath sample.” While completing the check, the officer will provide instructions on how the device works and what the driver needs to do to give the sample.
Drivers are required to stay in their vehicles during the breath screening, following the directions given by the officer. When a driver is cleared with no alcohol present, the regular traffic stop will start and the driver’s licence, registration and proof of insurance will be asked for.
Ian Savage, president of the Calgary-based Criminal Defence Lawyers Association, said police have not shied away from using their new powers and he’ll be watching closely as constitutional challenges work their way through the courts.
“Essentially, this is what we call a warrantless, groundless search and seizure,” he said.
“In this case, the law does not require the officer to have any grounds whatsoever to make a person blow and that, on the surface, would appear to be unconstitutional.”
The devices are checked for accuracy every 31 days, which is done in rounds, so there are always some on the street. There are still no devices to detect motorists who are driving under the influence of drugs, though officers are trained to detect physical signs of it.