there was at least 4 vehicles pulled over for breathalyzer because we pulled out of Cowboys parking lot. I was not even asked if i knew why i was pulled over just told to blow. I did not think it was okay to target citizens in such a manner. it bespeaks of gaestopo tactics. BS if you want my opinion.
I just ran this by some criminal lawyers. I had assumed that there was a lesser threshold for demanding a breath sample pursuant to the Provincial administrative anti drinking and driving laws (the ones that allow your vehicle to be seized and an immediate un-appealable licence suspension, but not a Criminal Code offence). Under the Criminal Code, the police need reasonable and probable grounds that a driver is impaired, to ask for a breath sample. My criminal lawyer buddies assure me that it is the same legal standard for the Provincial admin law; reasonable and probable grounds that the driver is impaired. The case law is fairly clear that merely leaving a pub (virtually a restaurant nowadays) is not by itself a reasonable and probable ground of impairment.
The anti-drinking and driving policy has had a dramatic effect on drinking and driving, and the death and injuries arising from them. In that sense, the policy is having a desirable effect on society at large. However, when a group of law abiding older guys have a pint or two with their dinner over at least a couple hours, no one is impaired or otherwise acting in an unlawful manner. I trust that none of the four pulled over were disciplined in any manner, as everyone passed.
If you were swerving in and out of your lane, that would be a different matter, but just leaving the Pub is not reasonable and probable grounds of impairment. I hope this does not deter anyone from movie nights or a pint at the end of a Tuesday night ride. If anything, it should re-affirm that you can have a pint and not be impaired or otherwise operating your vehicle in an unlawful manner. Didn't Fast One blow a zero? I saw him have a beer.
Peace & Pilsner, Dennis