New power allows police to demand roadside breath sample without suspecting drinking

KAWARTHA LAKES-Starting tomorrow the Ontario Provincial Police will begin to exercise new authority for investigating impaired drivers on Ontario roads.

With Part 2 of Bill C-46 Police officers will now be able to demand a roadside breath sample from any lawfully stopped driver to determine whether a person has alcohol in their body without first having to suspect the motorist has been drinking. Until now, officers had to have a reasonable suspicion that a driver had alcohol in their body before demanding a sample.

“The new mandatory alcohol screening serves as an important deterrent to drivers who are impaired by alcohol, including those who believe they can avoid detection by police. Every person who uses our roads has the right to be safe. The OPP fully supports this and any other legislation that enhances our ability to reduce the number of preventable deaths attributed to this deadly driving behaviour.” says Interim Commissioner Gary Couture, Ontario Provincial Police.  So far this year, alcohol and/or drugs have been a factor in the deaths of 41 people on OPP-patrolled roads.

Police say drivers need to be aware that it is mandatory for them to comply with this demand and that those who do not can be charged with failing or refusing to provide a breath sample. Under the new legislation, drivers impaired by alcohol will also face higher mandatory minimum fines and some higher maximum penalties. (See penalties below).

The OPP has laid more than 7,300 impaired driving charges across the province between January 1 and mid-November, 2018.

Penalties for impaired driving as of December 18, 2018

Alcohol-impaired driving that does not cause bodily harm or death – mandatory minimum penalties:

• First offence + blood alcohol content (BAC) of 80-119 mg: mandatory minimum $1,000 fine
• First offence + BAC of 120-159 mg: mandatory minimum $1,500 fine
• First offence + BAC of 160 mg or more: mandatory minimum $2,000 fine
• First offence of refusal to be tested: mandatory minimum $2,000 fine
• Second offence: mandatory minimum 30 days imprisonment
• Third and subsequent offences: mandatory minimum 120 days imprisonment

If you suspect that a person is driving or about to drive impaired by alcohol or drugs, you should call 9-1-1 to report them to police.