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Jason

Police in Canada can now demand breath samples in bars, at home

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“If you start to drink after you get home, the police show up at your door, they can arrest you, detain you, take you back to the (police station) and you can be convicted because your blood alcohol concentration was over 80 milligrams (per 100 millilitres of blood) in the two hours after you drove.”

 

https://globalnews.ca/news/4832762/impaired-driving-canada-breath-samples/

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I think this goes too far. Not the demanding breath sample at home or a bar, but doing it hours later. I know what they are trying to combat (people would get out of a car, go inside, and chug a bottle of whiskey before the police could do a BAC test), but hours is too long. 

 

The other contentious part of this law is that it allows police to do a BAC test at any time for any driver for any reason. I am fine with that, as driving is not a right, it's a privilege. Personally, I'd be okay with having BAC testers inside every car that you have to blow into before driving.

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4 minutes ago, CitizenVectron said:

The other contentious part of this law is that it allows police to do a BAC test at any time for any driver for any reason. I am fine with that, as driving is not a right, it's a privilege.

 

Is it even limited to drivers? If it's on you to prove that you weren't driving then it sure seems like they can say it's on you to prove that you don't own a car/weren't illegally driving without a license on top of driving while drunk/etc.

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5 minutes ago, CitizenVectron said:

people would get out of a car, go inside, and chug a bottle of whiskey before the police could do a BAC test

 

Has this ever actually happened?

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4 minutes ago, RedSoxFan9 said:

 

Has this ever actually happened?

 

Unfortunately, yes.

 

13 minutes ago, Jason said:

 

Is it even limited to drivers? If it's on you to prove that you weren't driving then it sure seems like they can say it's on you to prove that you don't own a car/weren't illegally driving without a license on top of driving while drunk/etc.

 

Drivers, as far as I am aware. Passengers aren't in control of a vehicle. You can also get a DUI for being drunk in a parked car, though, if you have the keys on you.

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1 minute ago, CitizenVectron said:

Drivers, as far as I am aware. Passengers aren't in control of a vehicle. You can also get a DUI for being drunk in a parked car, though, if you have the keys on you.

 

If they can grab you while you're at home then it's unlimited, since anyone COULD have been driving a couple of hours prior. 

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1 minute ago, Jason said:

 

If they can grab you while you're at home then it's unlimited, since anyone COULD have been driving a couple of hours prior. 

 

True. I think it has to be combined with other evidence that you were driving (such as eye-witness testimony, which of course is flawed).

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