Random Breathalyzer Tests

The Federal Government is considering a new law that will allow police officers to perform random breathalyzer tests on motorists without first developing suspicion the motorist has been drinking.

My first thought was this was a great idea.  By the law of averages, more random breathalyzer tests = more drunk drivers off the road.

Then, after giving the issue some more attention, I had to bridle my enthusiasm.  Concerns were raised by lawyers on how the proposed law circumvents the Charter of Rights and a persons right to protection against unreasonable search and seizure. 

Then again, driving is a privilege.  A person is not born with the ‘right’ to drive, instead a person has to prove they are entitled to the privilege through training, education and responsibility.  With this in mind, is a random breathalyzer test ‘reasonable’ in respect to search and seizure? 

Who knows – we’ll have to wait and see what the experts say on this one.

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