THE POTALYSER?

Drivers who take the high road could find themselves afoul of the law under
a plan being touted by the federal government.

Ottawa is looking at empowering cops to conduct roadside tests on suspected
drug-impaired drivers as well as additional, more intrusive, testing at
police stations. A discussion paper, expected to be officially released
Wednesday, outlines changes that have been sought for years by the
provinces and police forces.

Lethbridge police favour such a legal change, especially given the federal
government's efforts to decriminalize possession of small amounts of marijuana.

"If the drug law is changed, one of the effects may be that we see more of
it," says Sgt. Tom Ascroft, head of the traffic unit.

The Justice Department has outlined several options to allow officers to
administer the drug tests and gather evidence for possible criminal
charges. The suggested amendments would establish a legal drug limit, the
obligation to submit to tests, the possibility of providing urine, blood or
perspiration samples and penalties for refusing to comply.

The document suggests such a law could face challenges under the Charter of
Rights and Freedoms.

Although dubbed a "potalyser" test by some, the expanded authority could
allow police to do more than simply detain and charge motorists caught
driving while high on marijuana. They could also be charged for driving
while impaired by other illicit drugs and even prescription medications
that come with warnings against driving. Under current laws, police
officers can only ask drivers whether they have used drugs, but can't
administer a test.

"If the police officers haven't received specific training about evaluating
the effect of drugs, this task can be nearly impossible to accomplish,"
said the document. The task isn't any easier for trained officers because a
suspect can refuse to volunteer for a drug test. No law exists to force
someone to take a test.

Ottawa wants to see police officers across the country trained to be
experts at recognizing the physiological signs of drug impairment and allow
them to conduct physical tests at the roadside. Motorists who fail could
then be detained and required go to the next stage which would include
providing perspiration, urine and blood samples.