Pubdate: Wed, 16 Jul 2008
Source: Okotoks Western Wheel (CN AB)
Copyright: 2008, Okotoks Western Wheel
Contact:  http://www.westernwheel.com/
Details: http://www.mapinc.org/media/1638
Author: Darlene Casten

BLOOD TESTING FOR HIGH DRIVERS

Drivers suspected of being high on drugs could be facing an unwelcome 
needle at the hands of police.

New federal legislation enacted on July 2 allows police to collect 
blood and fluids from drivers suspected of being high on drugs.

However, local officers will not be acting on the new laws for a while.

Training to spot the signs of drug impairment is not yet in place in 
Alberta. A number of officers in each RCMP detachment will also have 
to be trained to determine what kind of sample will be taken. How 
drug-related driving investigations are handled is also still 
undetermined, said RCMP spokesperson Const. Ray Lucko.

"The training is forthcoming," Lucko said.

Currently, officers handling impaired driving investigations visually 
identify signs of impairment, and then administer a roadside test 
that only screens for alcohol. If the suspect fails the roadside 
sobriety test, they are taken to the RCMP detachment for a test with 
an intoxylizer. At the Okotoks detachment eight of the 23 officers 
are trained to use the intoxylizer to ensure someone certified to 
administer the test is in the office at all times.

Staff Sgt. Wade Sparks said that although he hasn't received any 
direction on the procedure that will be used for suspected drug 
impaired drivers, he believes it will be effective.

"It certainly gives us another set of tools to identify people who 
are driving under the influence of drugs," he said.

Under previous legislation the ability of officers to demand blood or 
fluid samples was severely restricted.

The only situation that blood could be drawn was during a drunk 
driving investigation where the suspect driver is seriously injured 
and a doctor authorized that blood be taken.

If signs of alcohol impairment were not observed police were not 
authorized to collect blood or fluid. Officers had to rely on their 
observations and driving pattern to secure a conviction, which is not 
easy in cases where the person is only mildly under the influence, Lucko said.

"This will allow us to determine exactly what is in their system even 
in minute amounts," Lucko said. "We will be able to tell if it is 
cocaine, marijuana, even prescription drugs."

Once RCMP have ironed out their end of the legislation there are 
expected to be constitutional challenges to the collection of 
people's bodily fluids.

Calgary lawyer Stephen Jenuth said he believes the new laws are 
contrary to people's rights and will not be effective.

"It certainly is an invasion of people's bodies to take these 
samples," Jenuth said.

He questions why the government felt it was necessary to enact 
legislation around drugs and driving.

"I don't know if there is such a scourge of drug involved driving 
that it is justified," he said.

Science around drug use is also questionable when it comes to 
identifying when a drug was taken, he added.

"I don't think they have that magic ability," Jenuth said.
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