Roadside drug testing hereAbbotsford Police ready for new rules...

Roadside drug testing here
Abbotsford Police ready for new rules

Marcia Downham
The Times


Friday, July 04, 2008


With the new law for roadside drug testing now in effect, the Abbotsford Police Department is already cracking the whip and is in the process of providing additional training to its officers.

The APD is also considering expanding its number of trained Drug Recognition Experts [DRE], said Const. Casey Vinet.

"We support any law designed to support public safety, and we need to do everything we can to make sure we continue to emphasize, no matter what, driving under the influence of anything is unacceptable," he said.

Bill C-32, which came into place Wednesday, expands enforcement of drug impaired driving by giving police the power to request physical sobriety tests and body fluid samples.

If a person is driving while high on drugs they will face roadside testing and could be ordered to undergo a DRE evaluation. If an officer identifies drug impairment, the driver can be forced to give urine, saliva or blood samples.

The tests will look to identify by illegal, over-the-counter and prescription drugs. Drivers who refuse to comply with an officer's request will be subject to a $1,000 fine - the same as refusing a breathalyzer.

"Being able to conduct these tests is crucial to help us formulate the grounds that are necessary for a drug impaired driving charge," said Vinet.

In terms of whether or not the new requirements will prove to be practical - "Only time will tell," Vinet said.

The new law, however, has some critics warning that the demand for bodily fluids is intrusive and is unreliable in detecting drug impairment.

"Simply because they find traces of marijuana or other drugs in your system does not mean that your ability to drive is impaired," said John Conroy, a lawyer and founder of Conroy and Company, an Abbotsford legal firm. The testing of bodily fluids can detect whether someone has smoked marijuana in the last 90 days or more - long after the effect of the drug has worn off.

"The danger of this is that too much focus is placed on the presence of the drug. If someone claimed they were just really tired at the time of their roadside test, but fluid tests showed traces of a drug in their system - "who's to say they didn't do that drug days or even months ago," said Conroy.

He agrees people should never operate any type of vehicle if their ability to drive is impaired by drugs or alcohol, but believes the new law has many flaws and could potentially create more problems than it solves.

"It will be interesting to see how challenging this could prove to be," said Conroy.

© Abbotsford Times 2008