OtherGround Forums Canadians Can Get A DUI At Home 2hrs Atfer Driving

11 days ago
11/8/09
Posts: 27889

In their infinite wisdom our federal liberals have passed a law that started on Tuesday giving police the ability to demand a breathalyzer and charge you with dui two hours after driving. This can happen at home, on the street, in a restaurant or even bar. Wherever. 

 

If you refuse a breathalyzer you can face the same charges as a dui. 

 

I wonder how long it is before this is weaponized by an angry neighbour or spouse during a bad divorce or whatever... 

 

 

11 days ago
11/8/09
Posts: 27890

After not atfer, but you get the idea...

11 days ago
4/11/10
Posts: 17063

Wouldn’t they have to prove you were driving?

11 days ago
1/1/01
Posts: 25160
So what if you drive home sober, drink a six pack and then they knock on the door and test you. So now you can't drink at home 2 hours after you drive as well?

Can't see how this thing would ever work.
11 days ago
1/1/01
Posts: 8459
Poleeko -

Wouldn’t they have to prove you were driving?

Eye-witnesses could be used, presumably the same people who called the cops in Trav's weaponization scenario.

It is a ridiculous law that they jammed in with the marijuana legalization in order to address conservative fears of stoners running people over. Like those same people never drove prior to legalization...

11 days ago
10/30/14
Posts: 2856
jman - So what if you drive home sober, drink a six pack and then they knock on the door and test you. So now you can't drink at home 2 hours after you drive as well?

Can't see how this thing would ever work.

Seriously this. 

11 days ago
6/3/09
Posts: 11851

I absolutely hate the assholes that drink and drive and would love to see the penalties increased for them, but this law is all sorts of fucked.

11 days ago
3/15/10
Posts: 24304

I mentioned this to a bunch of lawyers at a Christmas work lunch with a firm and they hadn’t heard about it and said it was ridiculous and would never fly. Any half decent lawyer would get any charges from this dropped in less than a heartbeat.

Edited: 11 days ago
1/1/01
Posts: 45798

I don't even understand what this is saying.  If a Canadian is drunk two hours after driving, they are then guilty of driving under the influence?  Even if the burden of proof is to show that they were under the influence WHILE they were operating a vehicle?  

11 days ago
6/30/07
Posts: 52874
Poleeko -

Wouldn’t they have to prove you were driving?

In Montana, the way it's written, lead to some fucked up legal conclusions.

-If you are intoxicated and have your car keys in your pocket, you are guilty of "being in control of a motor vehicle" and therefore can be detained/arrested. This has gone all the way to the supreme court and been upheld. So basically anyone that's been at the bar for an hour.

 

A man was convicted for DUI while drinking beer and washing his car in his driveway here once. Keys were in the ignition for the stereo.

 

Here it's generally guilty until a lawyer gets you out of it, if he can.

 

I was sleeping in my truck on the side of the road in my truck once and got arrested for suspicion of DUI. Everything about it was wrong. Without getting into too many details, it came down to an overzealous trooper trying to roust a sober man who happened to also be a former officer. I was so frustrated with his incompetence that I just said "if I'm under arrest, let's just go to jail". I did. It was a complete farce that could have ended my career.

 

I was 100% pro aggressive dui enforcement up until I went through the wringer. Completely disgusted with how my state handles this.

11 days ago
11/8/09
Posts: 27892

Imagine this scenario...

 

You drive to the pub to grab some wings and beers with your buddies, but end up having a couple beers and two shots to celebrate your friends promotion or something. So you think to yourself “I’d better be responsible.  I’ll just cab home and come back to get my car in the morning.”

 

Then a policeman shows up and starts asking people how they got to the pub and how long they’ve been there...you answer honestly, “I got here about an hour and a half ago, and I drove.”

 

He then asks for a breath test and finds you’re over the limit...BOOM...you could be charged with a DUI.

 

As improbable as it sounds, that could happen...

 

I like to think it wouldn’t, but I’m sure there are a few cops out there that would love to do this...

11 days ago
11/8/09
Posts: 27893

Police are also now, under this new law, able to demand a breathalyzer without any suspicion of impairment at any legal traffic stop. I don’t think they can test for canabis in the same way. I think they need a reasonable suspicion of impairment there, but I might be wrong. 

 

I’m torn on this one. I live in a province where drinking and driving numbers drive the Canadian average up. So there’s part of me that says “meh, don’t drink and drive”, but the civil libertarian in me is screaming bloody murder. 

11 days ago
11/8/09
Posts: 27894
Steven McTowelie -

I mentioned this to a bunch of lawyers at a Christmas work lunch with a firm and they hadn’t heard about it and said it was ridiculous and would never fly. Any half decent lawyer would get any charges from this dropped in less than a heartbeat.

I listened to an interview with criminal defence lawyer Mark Brayford from Saskatchewan and he believes it’s unconstitutional and with get struck down by the Supreme Court. He also says it’ll take someone with the money and time to fight it that far.  

11 days ago
1/1/01
Posts: 125783
fuck Justin Trudeau
11 days ago
4/29/07
Posts: 5155

Not only that, police no longer require reasonable suspicion to administer a breathalyzer.  Here is a link to an article where a 70 yr old was given a breathalyzer because the cops saw him returning empties.

 

https://calgarysun.com/news/local-news/mandel-cop-pulls-over-senior-for-returning-too-many-empty-beer-bottles/wcm/bc4b12c7-8d41-4321-95bf-e4cca89d1179?utm_medium=Social&utm_source=Facebook#Echobox=1547125972

 

11 days ago
8/3/12
Posts: 1358

What the frick!?!

11 days ago
8/3/12
Posts: 1359
King Trav -

Police are also now, under this new law, able to demand a breathalyzer without any suspicion of impairment at any legal traffic stop. I don’t think they can test for canabis in the same way. I think they need a reasonable suspicion of impairment there, but I might be wrong. 

 

I’m torn on this one. I live in a province where drinking and driving numbers drive the Canadian average up. So there’s part of me that says “meh, don’t drink and drive”, but the civil libertarian in me is screaming bloody murder. 

I feel the same, kinda torn

11 days ago
8/20/03
Posts: 139302
King Trav - 

Police are also now, under this new law, able to demand a breathalyzer without any suspicion of impairment at any legal traffic stop. I don’t think they can test for canabis in the same way. I think they need a reasonable suspicion of impairment there, but I might be wrong. 

 

I’m torn on this one. I live in a province where drinking and driving numbers drive the Canadian average up. So there’s part of me that says “meh, don’t drink and drive”, but the civil libertarian in me is screaming bloody murder. 


I like the stop at any time facet of it, but disagree with the 2 hours after aspect.

11 days ago
8/20/03
Posts: 139303
hubris - fuck Justin Trudeau

DO you think we could?
11 days ago
1/1/01
Posts: 94721
Poleeko - 

Wouldn’t they have to prove you were driving?


And that you drank before driving, rather in the two hours after driving.  

11 days ago
6/13/03
Posts: 19840

How do they even know when the 2 hour countdown starts?

11 days ago
12/17/06
Posts: 70392
Curtis_E_Bare -

I absolutely hate the assholes that drink and drive and would love to see the penalties increased for them, but this law is all sorts of fucked.

.

11 days ago
1/15/10
Posts: 1240

The only time I think this should be applied, is in a case like that Cop that killed a guy a few years ago.

Off duty, I think, driving home, accidently kills a guy in a crash, leaves scene and goes home or to a buddy's place and downs a few shots of vodka. claims he was sober before, but now shows BAC over legal limit. 

I don't remember all the details, but thats the gist of it.

Edited: 11 days ago
9/19/12
Posts: 830
MountainMedic -
Poleeko -

Wouldn’t they have to prove you were driving?

In Montana, the way it's written, lead to some fucked up legal conclusions.

-If you are intoxicated and have your car keys in your pocket, you are guilty of "being in control of a motor vehicle" and therefore can be detained/arrested. This has gone all the way to the supreme court and been upheld. So basically anyone that's been at the bar for an hour.

 

A man was convicted for DUI while drinking beer and washing his car in his driveway here once. Keys were in the ignition for the stereo.

 

Here it's generally guilty until a lawyer gets you out of it, if he can.

 

I was sleeping in my truck on the side of the road in my truck once and got arrested for suspicion of DUI. Everything about it was wrong. Without getting into too many details, it came down to an overzealous trooper trying to roust a sober man who happened to also be a former officer. I was so frustrated with his incompetence that I just said "if I'm under arrest, let's just go to jail". I did. It was a complete farce that could have ended my career.

 

I was 100% pro aggressive dui enforcement up until I went through the wringer. Completely disgusted with how my state handles this.

Yup, a girl I worked with back in high school in AL got a DUI for sleeping in her car instead of driving home tipsy when her friends dropped her off. She was "under control" of the vehicle. She was also underage, which was probably the only good thing about it since it routed her through the juvenile system, but we all learned the law's negatives from her experience. Good for us in the long run, but it's fucked overall. 

11 days ago
9/19/12
Posts: 831
willyboy -

The only time I think this should be applied, is in a case like that Cop that killed a guy a few years ago.

Off duty, I think, driving home, accidently kills a guy in a crash, leaves scene and goes home or to a buddy's place and downs a few shots of vodka. claims he was sober before, but now shows BAC over legal limit. 

I don't remember all the details, but thats the gist of it.

See, even then, there are enough charges on the cop to get him for a long time without a law like this existing. But that's just, like, my opinion.