Police set to crack down on high drivers
By Emma Reilly
The Canadian Press
June 28, 2008

Drivers who are suspected of getting behind the wheel while high on drugs will soon be forced to undergo mandatory roadside sobriety tests when new rules kick in next week, Justice Minister Rob Nicholson said Friday.

Starting Wednesday, police will also have the power to take suspected drug-impaired drivers to the police station for a more intensive test or to give a blood, urine or saliva sample, Nicholson said.

"We're zeroing in on in those individuals who take drugs and who are impaired while they're driving," the Niagara Falls MP said at an announcement on Toronto's waterfront. "It's a big step forward. It's something that Mothers Against Drunk Driving, law enforcement agencies, and people who have been victims of impaired driving have been calling for quite some time."

Currently, drivers suspected of being high can decline a sobriety test. Police are also obligated to tell offenders that the tests aren't mandatory and the results could be used against them in court.

But as of July 2, refusing the roadside test will be considered a criminal offence.

Although some might argue that the new law is too invasive, Nicholson said he believes it will withstand a challenge in the courts.

"I think most of the people in this country would agree with me that the consequences of driving while impaired with drugs are so great, so stark and so open to tragedy," he said. "I think this is a reasonable response."

The new law also imposes tougher penalties for all impaired drivers. Those caught driving under the influence of drugs or alcohol will now face at least a $1,000 fine for a first offence, a minimum of 30 days in jail for a second offence and 120 days in jail if they are caught a third time.

The new law, part of the Conservatives' omnibus crime bill, also closes "one of the great loopholes" by making it harder for drivers to challenge breathalyzer tests in court, Nicholson said.

Sgt. Robert Martin, with York Regional Police, said officers won't be using the new law to unnecessarily penalize drivers if they have traces of drugs in their system. Certain narcotics, such as marijuana, will show up in blood tests long after the high wears off.
Unless a person appears to be impaired, they won't be pulled over, Martin said.