Ontario’s roads are governed by stringent laws designed to deter impaired driving and protect public safety. Two key enforcement mechanisms—Mandatory Alcohol Screening (MAS) and Reduce Impaired Driving Everywhere (RIDE) programs—play a pivotal role in achieving this goal. Understanding the legal processes, rights, and potential outcomes of these programs is essential for all drivers in the province.
Mandatory Alcohol Screening – How It Works
Introduced in 2018, Mandatory Alcohol Screening (MAS) empowers police to demand a roadside breath test from any driver, provided the officer has an approved screening device on hand. Unlike the previous standard, which required reasonable suspicion of alcohol consumption (e.g., the smell of alcohol on a driver’s breath, a driver’s admission of recent alcohol consumption), MAS allows for random breath testing during any lawful traffic stop.
Legal Requirements
- Device Availability: The officer must have the screening device or their person or in their cruiser at the time of the demand; otherwise, the demand is unlawful.
- Immediacy: The demand must be made immediately upon initiating the stop. Delays render the demand invalid.
- Brevity of Detention: The process is designed to be quick, typically involving a demonstration of how to use the device and inserting a fresh straw for the driver to blow into the device.
Lawful and Unlawful Scenarios
- Lawful: Random testing during a RIDE program or any traffic stop where the device is present.
- Unlawful: Testing after a delay in waiting for a device to arrive on site; testing an individual without evidence that they were driving within the last two hours.
MAS is a tool aimed at identifying impaired drivers efficiently, and its legality hinges on strict adherence to procedural requirements.
RIDE Programs
RIDE programs are another critical component of Ontario’s impaired driving enforcement. These roadside checkpoints, often set up near high-traffic areas or liquor-licensed establishments, enable officers to stop any vehicle to check for signs of impairment.
These checkpoints are designed to be minimally invasive, with drivers showing no signs of impairment typically only being stopped for less than a minute.
How RIDE Works
Drivers are briefly stopped and questioned at checkpoints. If alcohol is detected, consumption is admitted, or erratic behaviour is observed, officers may demand a breath test or field sobriety test, or, if sufficient indicators are present, immediately arrest the driver for impaired operation.
Impaired Driving Processes and Penalties
If a driver is suspected of impaired driving, the legal consequences escalate swiftly and decisively.
Process After Arrest
- Roadside Stop: A driver may be required to provide a roadside breath sample on suspicion of impaired driving or arrested if an officer believes that the driver is impaired.
- Breath Samples at the Station: Once detained, the driver must provide two proper samples of their breath into an intoxilyzer machine.
- Charges and Release: Upon blowing over the legal limit or if sufficient signs of impairment were noted, the driver is charged, given a court date, and released.
Penalties
- Immediate Licence Suspension: A 90-day suspension is imposed by the Ministry of Transportation, effective upon arrest.
- Administrative penalty and Reinstatement Fee: After this 90-day suspension, the ministry will require the driver pay an Administrative Monetary Penalty of $550 to reinstate their licence, and a reinstatement fee of around $280.
- Tow and Impound: Being charged with impaired operation may result in your vehicle being towed and impounded for seven days.
- Driving Record: Exceeding the legal limit of 80 mg of alcohol per 100 mL of blood results in an impaired driving charge, which becomes part of the driver’s permanent record.
- Criminal Record: Pleading or being found guilty of an impaired driving charge will result in the driver receiving a criminal record.
- Provincial Consequences: A blood alcohol concentration (BAC) of 50 mg/100 mL results in a three-day suspension under provincial law, recorded on the individual’s driving profile. The driver’s vehicle may also be impounded for three days.
Options for Drivers
First-time offenders who plead guilty within the 90-day suspension period may reduce a one-year licence suspension to three months, followed by nine months of driving with an ignition interlock device.
Drivers have the right to disclosure of evidence from the Crown, including documents and video footage, to prepare their defense.
Legal Rights and Responsibilities
Canadian law provides robust protections for individuals facing impaired driving charges, but these rights come with limitations specific to roadside and breath-testing scenarios.
Suspension of Rights During Breath Tests
At the roadside, the right to consult a lawyer is temporarily suspended. Once arrested, individuals regain the right to legal counsel before providing breath samples at the station. Refusing a lawful breath test results in criminal charges and potential vehicle impoundment.
Unlawful Breath Test Demands
If an officer does not have a device on hand or delays the demand, compliance is not legally required. However, refusal under lawful circumstances can lead to severe penalties.
Implications for Drivers in Ontario
The implementation of MAS and the continued use of RIDE programs underscore Ontario’s commitment to combating impaired driving and protecting road safety. While these measures increase the likelihood of identifying and prosecuting offenders, they also require law enforcement to strictly follow procedural guidelines.
For drivers, understanding your rights and obligations is crucial to navigating the legal landscape effectively.
Contact a Legal Professional Today
If you or someone you know is facing impaired driving charges, professional legal assistance can make a significant difference. X-Copper specializes in defending impaired driving cases, providing expert legal representation to protect your rights and minimize consequences.
Don’t navigate this complex process alone—contact X-Copper today for a consultation and take the first step toward safeguarding your future.
