
As of today new federal rules will drastically increase penalties for drunk drivers and allow police to demand a breathalyzer with no prior suspicion or reason to administer it.
Acumen Law’s Paul Doroshenko says there are some important things drivers need to know.
“There is no further investigation into whether you were drinking beforehand or that you have alcohol in your body. If they demand that you blow you must blow. If you refuse to blow and you face a criminal charge it is now a $2000 fine on top of the criminal conviction and the one year driving prohibition. It is heavy duty.”
Some police chiefs have admitted the new rules violate some rights but if it means catching more drunk drivers then so be it.
“It is upsetting to me that the police seem to think that rights are just something that they get to decide when you have them. We have a Charter of Rights in this country.”
Doroshenkl says his firm will challenge the changes.
“The moment we get a case where we have one of these approved screening device demands and it is not based on a police officer having a reasonable suspicion I can tell you right now we will be filing a Charter challenge in B.C. Supreme Court. We have planned it, Kyla my colleague has written up the argument, we are ready to go on it.”
Doroshenko says police are also preparing for legal challenges by planning a big blitz right from the start.
He says they believe if they have a massive amount of convictions it will help convince a judge the new rules work.
Remeber that today, Part II of Bill #C46, comes into force and makes significant changes to the law on alcohol-impaired driving. Moving forward, law enforcement can demand a breath sample from drivers they have lawfully stopped. Please prevent the preventable and #ArriveAlive. pic.twitter.com/4MAFTkWRfN
— Jody Wilson-Raybould (@Puglaas) December 18, 2018













