Jan 23

The lawyers at Lockyer Zaduk Zeeh are experienced in representing individuals charged with impaired operation by drug and impaired operation by marijuana (cannabis). We have a successful track record of securing favourable results for our clients. If you are charged with a driving offence, contact Lockyer Zaduk Zeeh to schedule a consultation by calling 416-613-0416 or by e-mail at info@lzzdefence.ca

What does DUI mean?

Though not a legal term in Canada, driving offences are commonly referred to as “DUIs”. DUI stands for Driving Under the Influence. The Criminal Code has made it an offence to drive while impaired by drug which are like the provisions for driving with impaired by alcohol. Therefore, you are not allowed to drive while impaired by alcohol or drugs.

How Do the Police Prove I was Impaired?

The police may use various methods to prove that a person is impaired, which includes observing you and your behaviour. Here are some common methods used by police to prove impairment:

  • Standard Field Sobriety Tests (SFST): These are physical and cognitive tests that police officers use to evaluate a person’s level of impairment. Examples of tests include the Walk-and-Turn test, the One-Leg-Stand test, and the Horizontal Gaze Nystagmus test. SFST are designed to assess a person’s balance, coordination, and ability to follow instructions, which can be affected by alcohol or drugs.
  • Blood Test: This is a medical test that analyzes a person’s blood to determine their BAC or the presence of drugs in their system. Blood tests are more accurate than breathalyzer tests, but they are more invasive and require a trained medical professional to administer.
  • Drug Recognition Evaluation (DRE): This is a specialized evaluation conducted by a police officer trained in drug recognition. The DRE involves a series of physical and cognitive tests to determine whether a person is impaired by drugs and, if so, what type of drug is causing the impairment.
  • Urine Sample: You will be required to provide a sample of your urine which will be tested to determine the types and/or concentration of drugs in your urine.

What are the Penalties for Driving Impaired by drugs?

The penalty for the summary conviction offence is a maximum fine of $1,000.00. The penalties for the two hybrid offences are the same as for alcohol-impaired driving. These include mandatory minimum penalties of a $1,000.00 fine for a first offence, 30 days imprisonment for a second offence and 120 days imprisonment for a third offence.