As of May 1, 2024, drivers of the Greater Toronto area and Hamilton will be obligated to provide a breath sample as part of the provinces enforcement of the Mandatory Alcohol Screening (MAS) during routine traffic enforcement.
What is Mandatory Alcohol Screening (MAS)
MAS refers to the compulsory screening of alcohol consumption. This involves breathalyzer tests being carried out roadside.
Bill C-46 – Amendment of the Canadian Criminal Code
In 2018, the federal government, amended the Canadian Criminal Code to empower police to request a breath sample during ALL regular traffic stops. This means that, even if you’re pulled over for a minor speeding or stop sign infraction, you are now required to comply with a breathalyzer test.
While the law enabling police to demand a breathalyzer test during routine traffic stops has been in existence for some time, enforcement of this provision has only recently commenced.
What Bill C-46 mean to everyday Canadians
Before Bill C-46, police were authorized to request a roadside breath sample from individuals they suspected of alcohol consumption, based off the “reasonable suspicion” standard. This meant that they could screen test if there were grounds to believe an individual was under the influence such as detecting the smell of alcohol on the driver’s breath, the presence of open alcohol containers, the driver admitting of drinking, or displaying erratic driving behaviour.
Following the implementation of Bill C-46, police no longer require reasonable suspicion, and the demand for a breath sample is mandatory automatically, irrespective of the reason for the traffic stop itself.
New Penalties and Fines
Although the mandatory minimum imprisonment for impaired driving has not changed – the fines have increased
Upon conviction on a first offence, penalties and fines include:
- Blood alcohol concentration of 80 to 119 mg of alcohol per 100 ml of blood is subject to a mandatory fine of $1,000;
- The mandatory minimum fine for a first offender with a BAC of 120 to 159 mg of alcohol per 100 ml of blood is $1,500;
- The mandatory minimum fine for a first offender with a BAC of 160 mg or over of alcohol per 100 ml of blood or more is $2,000; and
- The mandatory minimum fine for a first offender that refuses to comply with a lawful demand is $2,000.
Refusing Mandatory Alcohol Screening (MAS)
In Ontario, the legal doctrine of “implied consent” prevails, signifying that by operating a vehicle, you inherently consent to undergo a breathalyzer test upon police request. Refusal to comply with such a request can result in legal consequences and potential criminal charges, such as:
- An immediate 90-day Roadside Suspension;
- An immediate vehicle impoundment of minimum 7-days; and
- A minimum fine of $550.
- Immediate license suspension
If you find yourself in this challenging situation, seek assistance from the experienced professionals at X-Copper to navigate your legal options effectively. Contact us today!
