Submitted by Chad Hnatiuk
With the holiday season quickly approaching, the RCMP would like to advise motorists to expect to see an increase in the number of checkstops, vehicle stops and increased police presence on both highways and rural roads.
Over the holiday season, it is common for the RCMP to see an increase in the number of alcohol impaired drivers due to Christmas parties and family / social gatherings. The RCMP would like to remind drivers if they wish to consume alcohol or cannabis, the responsibility to get home safely rests solely on them.
In 2018, the Criminal Code of Canada was amended with the introduction of Mandatory Alcohol Screening (MAS). In 2019 The Province of Manitoba adopted the Immediate Roadside Prohibition (IRP) program.
These changes allow officers to compel a driver to provide a breath sample. If the driver refuses to provide a breath sample, they can face either administrative sanctions or criminal prosecution.
These sanctions only apply to first time offenders with a valid driver’s licence. These sanctions are also discretionary and police can still choose to prosecute under the Criminal Code of Canada. In the event a driver has been subjected to an IRP in the past, a tiered system with increased penalties or criminal prosecution can apply depending on circumstances and blood alcohol concentration.
The following administrative sanctions can apply;
Blood Alcohol Concentration 50mg% – 79mg% (WARN)
• 72 hour – 60 day drivers licence suspension
• $400 – $600 Fine
• 3 day – 30 day vehicle impoundment
• Loss of 5 points on the MPI Driver Safety Rating (DSR) scale
Blood Alcohol Concentration over 79mg% (FAIL)
• 90 day drivers licence suspension
• $700 Fine
• 60 day vehicle impoundment
• Loss of 10 points on the DSR scale
• Installation of ignition interlock device (MPI)
*Possible criminal prosecution for Impaired Operation*
IRP Refusal
• 3 month driver licence suspension
• Loss of driver safety points
In addition to alcohol, police are observing an increase in cannabis related offences and would like to remind drivers that being under the influence of cannabis while driving is illegal. If police suspect a driver may be under the influence of cannabis, an oral fluid demand will be read to the driver compelling them to provide a sample. If THC levels are above 5 ng/ml a Tiered Administrative driver licence suspension will apply.
The mobile testing equipment can be carried in any police vehicle and also detects other common drugs including cocaine. In the event police suspect a driver may be impaired by other drugs including prescription medication, opiates, inhalants etc. Police can have a Drug Recognition Expert attend and / or utilize other tests such as Standardized Field Sobriety.
Under no circumstances can cannabis (open or sealed) be transported inside a vehicle compartment. Only sealed cannabis can be transported in a vehicle cargo area (trunk, truck box). It is also illegal to transport any open liquor. This applies to all motor vehicles including ATV’S and snowmobiles.
The RCMP, Manitoba Public Insurance, MADD Canada and numerus other agencies provide education on the dangers of impaired driving. Adds are played on social media, television, radio stations, billboards and more. Therefor the RCMP use a zero-tolerance approach with impaired drivers. Call a friend or utilize programs such operation red nose. If you choose to consume alcohol or cannabis, have a plan and get home safe. If you suspect someone is driving while impaired, please call 911.
Happy Holidays
RCMP Fisher Branch
