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. - --- MAP posted-by: Keith Brilhart