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Random Roadside Breath Tests Considered in Canada
October 26, 2009

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News Summary

Officials in Canada are considering changing the law to allow police to conduct random roadside Breathalyzer tests for drunk driving, rather than only for-cause tests, the Montreal Gazette reported Oct. 24.

A number of other countries -- but not the U.S. -- allow random DWI testing of drivers, but Canada has banned the practice for 40 years. Canadian Justice Minister Rob Nicholson wants to change the law, but said he needs to discuss the proposal with provincial officials first.

A report from a nonpartisan justice committee concluded that "current methods of enforcing the law lead police officers to apprehend only a small percentage of impaired drivers, even at roadside traffic stops," and noted sharp declines in drunk-driving fatalities in nations where random testing was adopted, such as Australia and Ireland.

Canada's Charter of Rights and Freedoms prohibits unreasonable search and seizures, but government officials could seek to carve out an exception for roadside testing.

The proposal is supported by the Canadian chapter of Mothers Against Drunk Driving but opposed by civil-liberties advocates.

COMMENTS ON THIS ARTICLE:

Posted by LifeGuard on 28 Oct 09 05:48 PM EDT
Roadside breath alcohol tests have been shown to be an effective deterrant against drinking and driving. That's why roadside checkpoint locations are frequently publicized in adavance. It's seems reasonable that random testing would also have a deterrant effect on some as well. This is a good idea.

Posted by Rob Fleming on 29 Oct 09 10:51 AM EDT
This will never pass the "probable cause" test. A recent Virginia Supreme Court decision invalidated a DUI arrest based on a tip, even after the arresting officer noted pre-arrest erratic braking (but not swerving)and the driver failed all field-sobriety tests. The US Supreme Court declined to review the case (7-2 decision to deny the petition for certiorari). Better dramshop laws, which hold the server accountable for DUI might work better.

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