Nov 12
In recent years, drug-impaired driving has become a major focus for Ontario law enforcement. Drug-impaired driving charges apply when a driver operates a vehicle under the influence of drugs, including cannabis, prescription medications, or illicit substances. Unlike alcohol-related DUIs, where a breathalyzer can determine impairment, drug-impaired driving requires different types of testing and evidence, making these cases unique and complex.
Types of Drug-Related DUI Offences
- Cannabis-Impaired Driving: Since cannabis legalization, drug-impaired driving charges related to cannabis use have increased. Police may use standardized field sobriety tests (SFSTs) and oral fluid tests to determine cannabis impairment.
- Prescription Drug Impairment: Even legally prescribed medications can lead to impairment charges if they affect a driver’s ability to operate a vehicle safely. This includes drugs with sedative effects, such as certain painkillers or anxiety medications.
- Illicit Drug Impairment: Driving under the influence of illicit drugs like cocaine, methamphetamine, or opioids can lead to DUI charges. These cases often involve both SFSTs and blood tests for detection.
Consequences of Drug-Impaired Driving Charges
Penalties for drug-impaired driving are similar to those for alcohol-related DUIs. Convictions can result in fines, license suspension, criminal records, and potentially imprisonment. Drug-impaired driving can be particularly challenging to defend due to the subjectivity involved in field sobriety tests and the complexity of drug testing.
LZZ Defence utilizes specialized strategies for drug-impaired driving cases, such as questioning the reliability of testing methods or challenging the legality of the roadside tests.
Comparing Alcohol vs. Drug-Related DUI Charges
| Aspect | Alcohol-Related DUI | Drug-Related DUI |
| Detection | Breathalyzer tests to measure BAC | Standardized field sobriety and blood tests for drug levels |
| Substances Involved | Alcohol | Cannabis, prescription, and illicit drugs |
| Field Testing | Breath test administered roadside | SFSTs and oral fluid testing, often subjective |
| Testing Accuracy | BAC measurement with accepted accuracy | Drug levels can be subjective; accuracy may vary |
| Legal Strategy | Challenging police errors | Questioning test reliability, SFST administration |
| Penalties | Fines, license suspension, jail time | Similar to alcohol-related DUI, with possible additional drug education requirements |
While both alcohol and drug-impaired driving charges aim to ensure public safety, the approach to each type of charge varies significantly. Here’s a breakdown of some key differences:
Both types of charges have significant consequences, but the methods of detection and legal approaches differ. LZZ Defence understands these differences and customizes our defence approach based on the specifics of each case.
