Are you aware of the new impaired driving laws in Canada?

A new legislation, Bill C-46 that gives police, the authority to demand a breath sample from any driver who is pulled over without any suspicion, is planned to be made effective Dec 2018.

Breath test can’t be refused under the new drunk-driving law, as reported by Times Colonist.

Under the current law, a police can demand a roadside a breath test only if they have a reasonable suspicion of drunken driving. Once in effect, the drivers cannot refuse for the breath test if authorities demand so. Refusal to do so may lead to a punishment under Impaired Driving laws.

5 ways DUI can affect your life.

The changes in the law come after data from researchers show that almost 50% of the DUI cases go undetected at the check posts. The law is expected to bring the number down.

Under the new law, one cannot make any arguments if pulled over and asked for a breath test. Currently, there are provisions where a drunken driver can claim that they are well under the blood alcohol limit, as the alcohol is not absorbed in their blood yet. These arguments will be considered invalid from Dec 2018 once the new laws are in effect.

“Do we really expect the police to select the locations of the new-style check stops at random? If you want to limit the ability of police to target and harass particular communities, giving them broader latitude to erect checkpoints”

says Colby Cash for the National Post.

However, there might arise some constitutional challenges. Providing police the power to demand a breath test from anyone without suspicion could breach someone’s basic rights to privacy and can give rise to some controversial impaired driving cases.

Are you convicted under DUI act? Connect with one of our DUI Lawyers at Right Legal now.

 

 

 

The post Are you aware of the new impaired driving laws in Canada? appeared first on Right Legal.