Nicholas Rasberry was arrested in the early hours of Thursday morning for breaching his bail conditions one day before his sentence was to be handed down.

Rasberry was allegedly caught drinking while acting as his parents designated driver, shuttling them home from their Christmas party, according to his lawyer Hersh Wolch.

"I think it's vindictive and depressing," said Wolch.

Rasberry was pulled over at a checkstop sometime after midnight on Macleod Trail near Canyon Meadows Drive and the breathalyzer test registered between .05 and .08, according to sources.

Though not criminal, that triggers an automatic 24-hour licence suspension and can result in the seizure of the vehicle if nobody else is sober.

Originally charged with second-degree murder, Rasberry was found guilty of manslaughter in October for the 2013 death of his neighbour Craig Kelloway.

Today might be Rasberry's final day of freedom. The prosecution has asked for a 15-year sentence while Rasberry's lawyer has proposed he spend no more time behind bars, counting only the 13 months he served before being granted bail.

He remains in custody.