Mandatory roadside alcohol testing on its way
Come this holiday season, police across Canada probably won’t need suspicion of impairment to ask someone to do a roadside alcohol test.
That’s thanks to part two of Bill C-46, the act to amend changes to the criminal code in relation to impaired driving, which is expected to become law in December without challenge.
Bill C-46 was given royal assent on June 21, after passing it’s third reading in the senate. During that reading, mandatory roadside alcohol screening was put back in after being removed after the second reading. Also included are increases in the fines and penalties for drinking and driving offences.
Police officers with the Cape Breton Regional Police Service (CBRPS) and the RCMP agree . . .
. . . the changes outlined in part two of Bill C-46 are needed and will be beneficial, especially the mandatory roadside screening.
“Impaired driving is the number one cause of criminal death (in Canada) … It will give us more power … It will also reduce the amount of fatalities on the road,” said CBRPS Staff Sgt. Joe Farrell, who spent 10 years in traffic services.
“It will definitely reduce the number of impaired drivers on the road,” said Chad Morrison, a DRE (drug recognition) co-ordinator/trainer for the RCMP.
Until it becomes law in December, officers will still need reason (probable grounds) to administer any roadside tests for impairment. The smell of alcohol is the biggest indicator someone might be intoxicated and a driver maybe removed from the vehicle, if there are passengers, to determine if the smell is coming from him or her.
However, a lack of smell of alcohol doesn’t mean the driver isn’t impaired so officers are trained to look for other signs. People showing other signs of intoxication, such as bloodshot eyes, slurred speech, nodding off and certain eye movements, could be charged with impaired driving on the spot.
“The signs are the same, whether it’s impairment by alcohol or impairment by drug (prescription or illegal). Impairment is impairment,” said CBRP Staff Sgt Gil Boone, who was a DRE officer for four years.
Once the it is law, police will be able to set up checkpoints and ask drivers to take a roadside test, which indicates only a pass or fail, but Farrell doesn’t think it will get to that point.
“It is still at the officer’s discretion (to administer the test),” he said.
Part one of Bill C-46, which deals with impairment by drugs like cannabis and cocaine, has already become law. THC limits are outlined, at three different levels, with fines and penalties for each. Another change is the number of drugs listed – now there are 10 drugs included (nine illegal drugs as well as cannabis) while before there were only two (cannabis and cocaine.)
The third part of the bill, dealing with “co-ordinating amendments and coming into force” is also expected to become law in December.