DRUG-IMPAIRED DRIVERS TO FACE ROADSIDE TESTING

'Two Beer Defence' Will Also Be Eliminated Under New Law On July 2

Drivers who get behind the wheel while high on drugs will face
roadside testing and could be ordered to surrender urine, blood or
saliva samples at the police station under a controversial new law
that takes effect one week from today.

Drivers who refuse to comply will be subject to a minimum $1,000 fine,
the same penalty for refusing the breathalyser.

Police will be given their new powers to nab drug-impaired drivers
after almost five years of intense debate in Parliament.

The law, passed this year after three failed attempts, has been lauded
by law enforcement and groups who say drug-impaired drivers are
escaping punishment at a time when their numbers are climbing.

"Love it," said Gregg Thomson, a Kanata father who predicted yesterday
that the new testing would deter people from driving under the
influence of drugs, just as the breathalyser test produced a drop in
drunk driving offences.

Mr. Thomson has been lobbying for a new law since 1999, when his son,
Stan, and four of his high school friends were killed when a
17-year-old who had been smoking marijuana attempted to pass them on a
highway, causing a fatal pileup.

The crash became a catalyst for the group Mothers Against Drunk
Driving to start pushing for changes to the Criminal Code, which
outlaws drug-impaired driving, but until now has not included measures
that allow police to order a battery of tests.

The new law, however, has sparked warnings about potential court
battles from critics who contend that demanding bodily fluids is
overly intrusive and scientifically unreliable in detecting drug impairment.

"This is going to be challenged left and right," predicted Murray
Mollard, executive director of the British Columbia Civil Liberties
Association.

Beginning next Wednesday, drivers suspected of being high will be
required to perform physical tests at the side of the road, such as
walking a straight line. If they fail, they will be sent to the police
station for further testing by a trained "drug recognition expert" and
then be forced to give blood, urine or saliva samples if they fail the
second test.

Critics say the new law could cause more problems than it solves,
particularly because there is no reliable scientific test to detect
drug use. Also, while there is a measurable link between blood alcohol
levels and driving ability, research is lacking to equate drug
quantity with impairment.

Another potential problem in testing bodily fluids is that tests can
detect marijuana smoked several days or even months earlier, when the
impairing effect has worn off.

"This kind of testing doesn't test for impairment, it tests for past
use of a substance and we know with certain substances they stay for a
long time," Mr. Mollard said.

Federal Privacy Commissioner Jennifer Stoddart and the Canadian Bar
Association have also raised alarm bells.

Testing is already taking place in Quebec, Manitoba, and British
Columbia, but only when the driver voluntarily participates. However,
that hardly ever happens because nobody "is going to consent to pee in
a bottle" when they are not legally required, said Andy Murie, chief
executive officer of Mothers Against Drunk Driving.

The number of Canadians who say they have driven after smoking drugs
has almost doubled since the late 1980s, according to a study released
18 months ago by the Canadian Centre on Substance Abuse, which
reported young men drive while high just as often, or even more, than
they drink and drive.

The federally sponsored agency said, though, that research remains
inconclusive on whether the hike in drug-impaired driving has
contributed to car crashes causing injuries or death, largely because
of the poor rates of testing for drugs other than alcohol.

Other new laws also take effect next week. Minimum fines for impaired
drivers will rise to $1,000 from the current $600. For a second
offence, the minimum jail time would be doubled from the current 14
days to 30, and from 90 days to 120 days for a three-time offender.

The federal government is also eliminating the "two-beer defence" that
has permitted people charged with impaired driving to argue that they
couldn't have been under the influence because they didn't drink
enough. The new law will make the breathalyser test virtually
infallible, unless an accused can prove that the machine
malfunctioned.