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Chief Kalinski welcomes new law allowing mandatory breath tests

December 21, 2018   ·   0 Comments

Orangeville Police Chief Wayne Kalinski has done a fantastic job of rebuilding the local authority’s reputation in recent years.

By Mike Baker

Orangeville Police Chief Wayne Kalinski welcomes the new federal legislation that now allows police officers across Canada to require a roadside breath test for any driver, even without reasonable suspicion that they may have alcohol in their system. 

The new rules officially came into effect on Tuesday (Dec. 18) and Chief Kalinski is treating them simply as another enforcement tool to help reduce impaired driving.

“We welcome this change in legislation. The message should be clear. Please don’t drink and drive,” Chief Kalinski stated in a release to media. 

Previously, police officers were only allowed to ask for breath samples if they had reasonable suspicion that a driver might be impaired. OPS believes this new change in law will greatly increase the number of drivers screened for impairment, potentially resulting in more impaired drivers being detected and charged accordingly. 

The new laws also increase the financial penalties for impaired driving, while introducing new punishments for individuals believed to be driving after consuming cannabis or other drugs. Below is a summary of all the penalties in place as of Dec. 18.

Alcohol-impaired driving that does not cause bodily harm or death

First offence & blood alcohol content (BAC) of 80 to 119 milligrams (mg): minimum $1,000 fine.

First offence & BAC of 120 to 159 mg: minimum $1,500 fine.

First offence & BAC of 160 mg or more: minimum $2,000 fine.

First offence of refusal to be tested: minimum $2,000 fine.

Second offence: minimum 30 days imprisonment.

Third and subsequent offences: minimum 120 days imprisonment.

Drug-impaired driving

Two nanograms (ng), but less than 5 ng of THC per millilitre (ml) of blood: maximum $1,000 fine.

Drug-impaired driving hybrid offences

5 ng or more of THC per ml of blood: first offence carries a minimum $1,000 fine, second offence a minimum 30 days imprisonment and third and subsequent offences a minimum 120 days imprisonment.

Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam: first offence a minimum $1,000 fine, second offence minimum 30 days imprisonment and third and subsequent offences a minimum 120 days imprisonment.

5 milligrams per litre of GHB: first offence a minimum $1,000 fine, second offence a minimum 30 days imprisonment and third and subsequent offences a minimum 120 days imprisonment.

50 mg of alcohol per 100 ml of blood & 2.5 ng or more of THC per ml of blood: first offence a minimum $1,000 fine, second offence a minimum 30 days imprisonment and third and subsequent offences a minimum 120 days imprisonment.

Maximum penalties for impaired driving have also been adjusted, with drivers potentially facing up to 10 years in prison – yup from five – if found guilty of impaired driving causing no bodily harm or death, up to 14 years in jail for impaired driving causing bodily harm and life imprisonment if convicted of impaired driving causing death.


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