Pubdate: Thu, 23 Oct 2003
Source: Lethbridge Herald (CN AB)
Copyright: 2003 The Lethbridge Herald
Contact:  http://www.mysouthernalberta.com/leth/
Details: http://www.mapinc.org/media/239
Author: Gerald Gauthier

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. 
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MAP posted-by: Perry Stripling