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OPP Explain Changes To Impaired Driving Laws

Following a backlash against changes to Canada’s impaired driving laws the OPP are hoping to clear up some confusion.

The country’s recent changes to Bill C-46 back on December 18th could possibly see Canadians having to defend themselves in court even if they began drinking after driving.

OPP James Bay Detachments Media Officer Stephanie Belec says the Kapuskasing are can expect the changes to be not as drastic as some have stated, but include a few noteworthy things.

Belec says officers can now carry an Alcohol Screening Device (ASD) allowing them the right to administer a test to any driver while on patrol without need for suspicion.

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She also says police still need reasonable suspicion however in order to go to your home and ask for a sample of your breath. However, police are allowed with suspicion to come to your home and administer a breathalyzer test even up to 2 hours after you last operated a vehicle, and can charge you for blowing over 0.80mgs legal limit.

Belec also mentions that in most cases this would stem from a collision or complaint.

“An example of reasonable suspicion would be, for example, if there was a motor vehicle collision or if we got a complaint about someone that would possibly be driving impaired.”

She says if you refuse the test, you will face charges.

“If you refuse to provide a sample of your breath that is a charge under the criminal code stating that you refused and it has the same consequences as an impaired driving charge or an 80 and above charge.”

Belec says if anyone suspects someone is impaired and driving they should call local police or 911.

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