B.C.’s drinking and driving laws challenged in Supreme Court of Canada

WATCH: Vancouver criminal lawyer Paul Doroshenko explains the challenge of BC’s drinking and driving laws in Canada’s highest court.

VANCOUVER – Canada’s highest court is set to hear a challenge of B.C.’s drinking and driving laws today, in a pair of cases involving drivers stopped by police at roadside checks.

One of the cases involves a man who got a warning reading after blowing into a roadside screening device and received a three-day driving ban in September 2012.

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The other case involves six drivers who either refused to give a breath sample or registered a fail on roadside screening devices.

Vancouver lawyer Paul Doroshenko will argue that the legislation needs to allow for a police discretion during roadside checks.

“A police officer gets a reading on an approved screen devices, should then then form an opinion before they do it?,” says Doroshenko.

“We say…if you’re going to strip away all of those charter rights, you have to at least put this protection in.”