Turns out it’s not Rudolph the Red Nosed Reindeer that folks in the federal justice department are worried about. It’s everyone else whose rosy flush could indicate the taking of Christmas cheer in the form of something stronger than virgin eggnog.
Accordingly, Ottawa has handed police a few extra goodies in their sack of seasonal treats: new impaired driving laws that came into force this week. They are laws everyone should be aware of.
For drunk driving, police no longer need to point to a reasonable suspicion before asking drivers to blow for a roadside breath test. Any driver stopped can be asked for a breath sample. It’s a move groups like Mothers Against Drunk Driving have been requesting for years because it will take more impaired drivers off the road.
It also significantly expands police powers, paving the way for problems if police ask certain groups of people for breath samples more frequently than others.
Another key component is the setting of THC levels – at two nanograms – above which drivers will be considered impaired by cannabis. That law is being questioned because of the much weaker link between THC levels and impairment.
In B.C., the Motor Vehicle Act laws will likely remain the preferred way of dealing with impaired drivers. Hitting people in the pocketbook and with impounds has proved a powerful deterrent.
Impaired driving laws continue to evolve and we suspect court challenges in the months ahead will likely test them further.
Driving remains a privilege, however, not a right. Best to be safe and leave the sleigh at home if you’re choosing to imbibe.
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