The amendments to the Criminal Code regarding impaired driving in the Tackling Violent Crime Act take effect next Wednesday. The aim of the amendments, as explained in the preamble to the bill, Whereas driving under the influence of drugs or alcohol can result in serious bodily harm and death on Canada’s streets; is to give the police new tools to detect and prosecute both drug and alcohol impaired driving. Under the new legislation police will now be able to:
- make an ASD demand if he or she "has reasonable grounds to suspect that a person has alcohol. . .in their body and that the person has, within the preceding three hours, operated a motor vehicle or vessel. . ." (Section 254(2)(b) CC)
- make a physical coordination test demand if the "officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a motor vehicle or vessel. . ." (Section 254(2)(a) CC)
- make a drug evaluation demand if the "officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an [impaired driving offence] as a result of the consumption of a drug or of a combination of alcohol and a drug. . ." (Section 254(3.1) CC)
Reference:
Chapter 6 of Bill C-2, The Tackling Violent Crime Act