The Calgary man convicted of killing a former Glace Bay man is due to be sentenced today.
Nicholas Rasberry is now in custody for breaching his bail conditions on Thursday night.
He was originally charged with second degree murder in the 2013 stabbing death of Craig Kelloway.
However, he was found guilty on the lesser charge of manslaughter in October.
Police arrested Raspberry in the in the early hours of Thursday morning after they say he tested positive for having alcohol in his blood.
One of his release conditions was to stay away from alcohol but police say he tested positive below the legal limit while acting as the designated driver for his parents, taking them home from a Christmas party.
The prosecution is asking for a 15-year sentence for Rasberry while his lawyer argues he should serve no more time besides the 13 months he spent in custody before being granted bail.