Ontario Provincial Police start breath testing for alcohol at all traffic stops.

[jimintoronto]

Citing a 50 percent increase in drunk driving fatal car accidents in 2023, the Ontario Provincial Police have announced that starting to day, May 03, all drivers who are stopped for traffic offences will also be subject to providing a breath sample into a roadside alcohol testing device, to prove they are not impaired by alcohol.

Under the law in Ontario, any driver can be stopped by a Police officer, at any time, at any place with no need for any suspicions. Having seen the driver commit a traffic offense is the reason for the stop. The alcohol testing process takes about 2 minutes. If the driver refuses to comply with the officer's demand for a breath sample, they will be charged with a Provincial Offence of "fail to provide a proper breath sample when demanded by Police ".

Conviction under that section of the Ontario Highway Traffic Act brings a cash fine, and a possible jail sentence of up to 12 months. If the driver tests negative on the breath test, the officer will continue with the reason for the traffic stop, such as writing a ticket, or issuing a written warning, to the driver.

Because this policy will now apply to ALL DRIVERS stopped by the OPP anywhere in the Province, no racial bias is involved. In my personal opinion, this is a good idea, to reduce drunk driving in Ontario. JimB.

 

[PeppermintPatty]

I think it’s a great idea. Living in the country, it’s surprising to see all the empty beer cans in the ditch at the side of the road from those drinking and driving. I hope they make this mandatory for ALL provinces. It helps keep everyone safe.

 

[fuzzybuddy]

Since it is the police, who decide to stop a driver, a cop may stop mostly Blacks, Latinos, etc. That doesn't seem like it's eliminating bias.
I'm not Canadian, and I think such a law would be challenged here in the US.

 

[jimintoronto]

Since it is the police, who decide to stop a driver, a cop may stop mostly Blacks, Latinos, etc. That doesn't seem like it's eliminating bias.
I'm not Canadian, and I think such a law would be challenged here in the US.

The OPP will stop drivers who have committed a traffic offense . ALL drivers who are stopped will be required to provide a breath test while seated in their car. This new enforcement program falls in to line with existing Provincial Law, regarding testing drivers for alcohol in their blood. The point is to reduce the number of Ontario drivers who drink and drive on our highways. Are you in favor of reducing drunk driving ? I am.

 

[jimintoronto]

I think it’s a great idea. Living in the country, it’s surprising to see all the empty beer cans in the ditch at the side of the road from those drinking and driving. I hope they make this mandatory for ALL provinces. It helps keep everyone safe.

Driving while impaired by alcohol OR drugs, is a Criminal Code offense, in ALL parts of Canada. Each Province and Territory has the ability to enforce this law, using the roadside alcohol testing devices. Ontario is the first Province to apply this to ALL drivers stopped by OPP for ANY reason. I suggest that the Ontario Municipal Police Services will soon follow suit in a coordinated Province wide program. In Ontario young drivers who only have a limited class G license cannot have ANY alcohol in their blood at any time, for the first 3 years they have that license. This will be a huge hit for all those 17, 18, and 19 year olds who drink and drive. JimB.

 

[WhatInThe]

Is refusal to take the test an automatic guilty plea?

Some states in the US have that caveat on a stop/with having a drivers license

 

[davey]

isn't that gonna hold up all traffic a bit ? - or will they have pull over spaces worked out?

 

[PeppermintPatty]

isn't that gonna hold up all traffic a bit ? - or will they have pull over spaces worked out?

They will be pulled over for traffic offences like they normally would. While pulled over, they will be given a breathalyzer test.

 

[davey]

you must h ave wider roads over there heh?

 

[ohioboy]

Is refusal to take the test an automatic guilty plea?

Some states in the US have that caveat on a stop/with having a drivers license

In the U.S., refusal to take such a test is in no legal way an admission of guilt.

 

[jimintoronto]

In the U.S., refusal to take such a test is in no legal way an admission of guilt.

And obviously this program is taking place in Canada not in the USA. A different country, with different laws. Here, refusing to blow is in and of it's self a criminal offence, and upon conviction the exact same penalties apply as if the person failed the roadside breath test, due to being impaired by alcohol consumption. BTW, somebody mentioned that "cops will just pull over blacks and latinos ". These traffic stops are based on the driver having committed a traffic law offense, that the Police officer observed. These are not random stops. JimB In Toronto.

 

[jimintoronto]

you must h ave wider roads over there heh?

Why would you think that ? Here in Canada our highways do have wider shoulders, so that snow plows have a place to pile snow, in the winter time. City streets are wide enough to allow a vehicle to be stopped in safety by the curb. This isn't going to be a problem.

 

[davey]

ever seen some of the lanes in UK??

 

[ohioboy]

These traffic stops are based on the driver having committed a traffic law offense, that the Police officer observed. These are not random stops.

That will not eliminate racial profiling/selective enforcement though.

 

[jimintoronto]

Is refusal to take the test an automatic guilty plea?

Some states in the US have that caveat on a stop/with having a drivers license

No, it isn't a "automatic guilty plea " it is an automatic criminal code offense charge, which will be tried in a court with a Judge presiding. The accused driver will be able to have a lawyer represent them, and the Crown Attorney will prosecute the case. If the person is convicted they will be sentenced by the Judge, to either a large cash fine ( more than $1,000 ) and or up to 12 months in a Provincial jail, with a 3 year D.L. suspension. Most insurance companies will refuse to insure a convicted drunk driver, so the person will have to apply to the special insurance fund, which will cost them about 250 percent more for limited insurance coverage, than they were paying previously. Yes we are serious about reducing drunk driving here. JimB.

 

[jimintoronto]

That will not eliminate racial profiling/selective enforcement though.

OK lets just agree to disagree, shall we ? JimB.

 

[ohioboy]

Jim, do you agree with this new law?

 

[jimintoronto]

Jim, do you agree with this new law?

As a former Ambulance Officer for ten years here in Toronto ? Absolutely. During the mid 70's to mid 1980's I was also an Auxiliary Constable with the Metropolitan Toronto Police Force. By doing breath tests on EVERY driver stopped for any reason any where in the Province, the public will be forced to face the problem of those who drink and drive . The cost of each disposable mouth piece for the tester is 50 cents. The cost of drunk drivers is in the millions of dollars, never mind the people they kill or injure. A recent Toronto case involving 4 dead people, saw the convicted driver get 12 years in a Federal prison. JimB.

 

[jimintoronto]

Jim, do you agree with this new law?

It isn't a "new law " It is a change in the policy of testing drivers who are stopped for having committed a traffic Act offense. Canadian Police have had the lawful ability to do roadside breath testing for decades. The actual test takes less than 2 minutes to administer, if the test is negative, then the officer goes ahead with the process of issuing the traffic offence ticket. If the driver blows a "warning or a failure " the officer starts the process of arresting the impaired driver. JimB.