LAW TO BE CHALLENGED: POLICE

A new law aimed at reducing the number of drivers who take the wheel
while high will inevitably be challenged in the country's courts for
being too intrusive, say local police officials.

"Most definitely, that's the angle they're going to come from," said
Cornwall Community Police Service Chief Dan Parkinson.

"There's been a raging debate over whether the supplying of bodily
fluids, whether it be blood or urine, is crossing over that line. I
don't happen to think so."

Federal Justice Minister Rob Nicholson announced June 27 that
starting today, Ontario police officers can force drivers suspected
of being under the influence of drugs to take a mandatory roadside
sobriety test.

Police will also have the power to take those same drivers to the
police station for a more rigorous 12-step test that includes a
blood, urine, or saliva sample.

Previously, drivers suspected of being high could decline the test.
But now, refusing to co-operate will be considered a criminal offence.

Parkinson said he thinks the new law strikes the right balance
between personal rights and the safety of the public.

"I think having a license to drive in this province and this country
is a privilege, not a right," he said. "And what goes along with that
privilege is you do not drive while you're impaired."

"If advocates of privacy and security of the person are concerned
about that then all they have to do is speak to family members who've
lost loved ones in impaired driving situations (for) the other side
of the story," he added.

The new law also includes tougher penalties for all impaired drivers.
Those caught driving under the influence of alcohol or drugs will
face at least $1,000 for a first offence, a minimum of 30 days in
jail for a second offence, and 120 days if they're stopped a third time.

The legislation also tries to cut down the controversial "two-beer"
defence, in which people accused of drunk driving have successfully
argued they were under the legal limit - based on such factors as
their body mass and the number of drinks they'd had - despite failing
a breathalyzer test.

"We ended up being bound by that decision or that case law, even
though it seemed to fly in the face of a lot of the evidence before
the courts," said Insp. Dave Springer, detachment commander for the
S, D and G OPP. "So this is just limiting that a little more."

A 2004 study by the Canadian Centre on Substance Abuse found that
nearly five per cent of Canadian drivers had taken the wheel less
than two hours after smoking marijuana in the previous year - a 50
per cent increase since 1989, said Springer.

The legislation also applies to drivers who are impaired because of
prescription medication use.

Both the OPP and the Cornwall police say they'll be ramping up
training to ensure enough officers are familiar with the new laws.