DUI Crackdown: Mandatory Alcohol Screening Hits Ontario

There is a DUI Crackdown in Ontario with the OPP announcing Mandatory Alcohol Screening at every traffic stop.

What’s going on here?

Breaking news: Mandatory Alcohol Screening Hits Ontario

• The OPP announced that they will conduct what is called “Mandatory Alcohol Screening” at every traffic stop in the Greater Toronto Area including surrounding regions.
• This means that when the OPP stops you – for any reason, so whether its for a speeding ticket or using your phone when driving, you’ll be asked to take a alcohol screening test.
• And it doesn’t matter whether the OPP believe you’ve been drinking. They’re going to make you take the test at every traffic stop.
• According to the OPP, the reason why they are doing this is because of a significant increase in the number of impaired driving charges and collisions over the past five-years.  
• Impaired driving charges have increased by 30% in this five-year period while collisions have increased by 50% over that five-year period.
• The OPP believe by mandating mandatory screening in Ontario at every traffic stop that they’ll cut down on the number of impaired driving incidents thereby improving public safety.

Is Mandatory Alcohol Screening really “breaking” news?

• The answer is, yes and no.
• What’s not news is “Mandatory Alcohol Screening in Ontario.”
• Before 2018, the police could only request a demand for you to take a breath test only if they had a reasonable suspension that you’ve consumed alcohol while driving. 
• In 2018, the law was changed allowing police to demand a breath sample from any driver they stopped without needing any suspicion of alcohol consumption.
• This is known as “Mandatory Alcohol Screening.”  
• So that’s not new or newsworthy.
• So why is this story making news?
• And reason has to do with the policy.  The OPP are saying that they will make it standard operating procedure to ask for an alcohol breath sample at every single traffic stop.
• If the OPP follows through on this policy, you should be prepared to take a breath test whenever you’re pulled over, regardless of the reason for the traffic stop.
• The thought of being subjected to a breath test during every traffic stop can be unsettling, especially for those who have never had issues with impaired driving before. It’s a stark reminder of how easily a simple traffic stop could escalate into a life-altering situation.

So this raises the question, can you refuse to take the breath test?

• The answer is clear and it is no.
• You cannot refuse to take the breath sample if the OPP asks you to take it.
• If you refuse, you’ll be charged with DUI called failure or refusal to comply with a breath demand.  
• This is a serious criminal charge, don’t let this happen to you.

If the OPP asks for a breath sample, can you consult a lawyer first?

• The answer may surprise you but the answer is no.
• In Canada and Ontario, you have no right to consult a lawyer before taking a breath test.
• Your right to speak with a lawyer is a constitutional right that applies only when you’re under arrest or detention.  And that context does not cover the scenarios I’ve covered in this video.

Bottom line, if you’re asked to take a breath test, take it or you’ll face serious consequences.