Canada’s New Drunk Driving Law Will Make You Thankful for the 4th Amendment

Imagine going out to dinner with your wife on a Saturday night. She orders a nice bottle of pinot noir. You pour yourself a splash, but just half a glass since you’re driving. Your wife, who had a long day, drinks the rest.

After dinner, you drive home, park the car, and go inside. While watching Bird Box, you knock back a couple Scotches to catch up. The movie done, the two of you begin to retire upstairs when there’s a knock at the door. It’s the police. Someone reported seeing you driving erratically, they say, and they want you to take a breathalyzer. You decline to blow, but relent when officers threaten to arrest you. The machine says your blood alcohol concentration is 85 milligrams per 100 milliliters of blood, .085 percent. The night ends with you in handcuffs, arrested for drunk driving.

Police can stop any driver, anywhere, for any reason and demand their sample. This scenario sounds far-fetched, but it would be perfectly legal under Canada’s new drunk driving laws, which the federal government recently revised to reduce traffic fatalities.