New rules giving police additional powers to crack down on impaired driving are infringing on people’s rights, according to one Winnipeg lawyer.

As of Dec. 18, a law passed by the federal government means officers no longer need reasonable suspicion to ask drivers they stop for a breath sample.

It's called mandatory roadside screening, but critics argue it's a violation of people's Charter rights.

With the festive season in full swing, any driver passing through a check stop or pulled over by police can now be forced to give a breath sample.

Officers previously had to have reasonable suspicion a driver had alcohol in their body but not anymore.

Winnipeg Police Service impaired driving countermeasures coordinator Const. Stephane Fontaine hopes it helps officers take more impaired drivers off the road.

"I don't think one should expect to have to provide a breath sample every time we stop someone,” said Const. Fontaine. “When the scenario dictates that we're looking for impaired drivers we may, on a random basis, test everyone we pull over."

Research cited by Ottawa suggests 50 per cent of drivers with a blood alcohol concentration above the legal limit are not detected at roadside check stops.

Mothers Against Drunk Driving said mandatory roadside screening for alcohol, which is used in 40 other countries, will help reduce injuries and deaths.

"Conservatively, MADD has estimated that it will reduce it by 20 per cent,” said Trevor Ens, vice president of the Winnipeg Chapter of MADD. “What that means is 200 more people will be home for the holidays with their loved ones and 12,000 more people will not have debilitating injuries due to impaired driving crashes."

Winnipeg criminal defense lawyer Karl Gowenlock said under the Charter of Rights and Freedoms people have the right to be free from unreasonable searches and arbitrary detention.

He sees this law as an infringement.

"I think the law itself is probably unconstitutional,” said Gowenlock. “The ability of police to stop you and just check if you’re sober and licensed is a justified infringement.”

“So, the question is whether taking it a step further and requiring people actually to provide a sample of their breath without any grounds is going too far.”

Federal Justice Minister Jody Wilson-Raybould expects the new rules will be challenged in court but remains confident the law is in line with the Charter.

Under the new rules, the maximum penalty for impaired driving has also been increased from five to 10 years.

The minimum penalty is a mandatory $1000 fine.

Refusing to provide a breath sample is also a criminal offence.

Under the law, a first offence of refusal comes with a mandatory minimum penalty of $2000. A third and any additional offences come with a minimum 120 days in custody.