Breathalyzer Tests Now Mandatory in All GTA Traffic Stops

The Ontario Provincial Police (OPP) have introduced extended Mandatory Alcohol Screening (MAS) in the Greater Toronto Area (GTA) as part of an effort to reduce impaired driving incidents.

Starting in May of this year, the OPP began a pilot project that requires drivers to provide a breath sample whenever they are pulled over by the OPP, regardless of whether there is any suspicion of alcohol consumption.

Mandatory Alcohol Screening, such as this, has been used in Canada since 2018 and allows police officers to request breath samples during any routine traffic stop. The only difference now is that all routine traffic stops in the GTA will result in a breathalyzer test, regardless of whether it was for speeding, missing a stop sign, failing to wear a seatbelt, distracted driving, or another driving offence.

The initiative is part of a broader strategy by the OPP to improve road safety and tackle the rise in impaired driving incidents across the GTA. Impaired driving charges in Ontario are up almost 30 per cent over the last five years, with 11,000 impaired driving charges in 2023, compared to more than 8,000 in 2019. Collisions are also up over the last five years, with a sharp increase of nearly 50 per cent.

A Necessary Change to Improve Public Safety

Regardless of support or backlash for the initiative, OPP maintain that this is a necessary change to improve public safety on the roads. With reports showing a 31 per cent increase in impaired driving fatalities between 2018 and 2023, law enforcement is looking to crack down on this potentially deadly crime.

As OPP Sgt. Kerry Schmidt pointed out in an interview with Global News’ 640 Toronto station, “Driving is a privilege and we want to make sure that the drivers who are operating in vehicles are not impaired.”

Schmidt also commented that the new measures will not involve pulling over more drivers, “There is no bias. Everyone is being tested. It’s fair for all motorists and there is … no community or group that should feel that they are being targeted.”

In addition to breathalyzer tests with every routine traffic stop, they will also become part of all Reduce Impaired Driving Everywhere (RIDE) checkpoints across the GTA.

Support for Mandatory Breathalyzer Tests by MADD Canada

Mothers Against Drunk Driving (MADD Canada) is in favour of the change, with the CEO, Steve Sullivan commenting that, “What impacts whether people decide to drive impaired … is their perception of getting caught. If you think there’s a better likelihood police are going to catch you, you’ll change your behaviour.”

This campaign across the GTA is intended to deter people from getting behind the wheel after drinking any amount of alcoholic beverages.

What is a Breathalyzer Test?

A breathalyzer test measures how much alcohol is in the air a person breathes out and then estimates their blood-alcohol content. The legal limit is 80 milligrams of alcohol per 100 milliliters of blood, but anyone who gets a breathalyzer reading of 100 milligrams or more of alcohol per 100 milliliters of blood, can be charged under the Criminal Code. However, Ontario has a zero tolerance policy for young drivers and drivers of commercial vehicles, who cannot have any alcohol in their system when operating a vehicle. This includes anyone under 21 years of age and any driver with a G1, G2, M1, or M2 license, regardless of age.

What Happens If I Refuse the Breathalyzer Test?

Refusing to provide a breath sample will result in your arrest and a criminal charge.

“The fact of the refusal is criminalized and it carries with it the same penalties as if you had taken the test, failed that test, been taken to the station and failed another breathalyzer test,” Michael Engel, a defence lawyer, commented to Global News about the consequences of refusing to provide a breath sample.

Conclusion

If the GTA pilot project proves to be successful in reducing impaired driving, it is possible it will expand throughout Ontario. As OPP spokesperson Derek Rogers said, “The mandatory alcohol screening initiative is a GTA-specific pilot project at present, but it has the potential to expand to other regions, including west region, if it’s found to be effective.”