May 08
At Lockyer Zaduk Zeeh, our lawyers are experienced in representing individuals charged with all driving offences and have a successful track record of securing favourable results for our clients. If you are charged with drug-impaired driving, contact Lockyer Zaduk Zeeh to schedule a consultation by calling 416-613-0416 or by e-mail at info@Lzzdefence.ca
Is it a Crime to Drive While on Drugs?
Yes, it is an offence to drive while under the influence of drugs. The Canadian Criminal Code has provisions that prohibit impaired driving, including driving while impaired by drugs or a combination of drugs and alcohol. This offense is commonly referred to as “drug-impaired driving.”
The penalties for drug-impaired driving can include fines, license suspension, and even imprisonment, depending on the severity of the offense and whether it’s a first or subsequent offense.
How Do They Prove Impairment?
To prove that someone is impaired by drugs while driving, law enforcement officers in Canada typically use a combination of observational evidence, physical evidence, and scientific testing.
Observational evidence includes the officer’s observations of your driving behavior, such as swerving, speeding, or failing to obey traffic signals. They may also observe physical signs of impairment, such as dilated pupils, bloodshot eyes, or slurred speech.
Physical evidence may include the presence of drugs or drug paraphernalia in the vehicle, such as open containers of drugs or syringes.
DRE (Drug Recognition evaluation) is a test that the police use to determine if you are impaired, and by which type of drug. A police officer, who is trained as a DRE officer, will have you conduct several physical coordination tests. Based on the officer’s observations during the tests, an opinion will be provided whether you are impaired.
Scientific testing is usually conducted after an arrest to determine the presence of drugs in your system. This may involve a blood or urine test, which can detect the presence of drugs and measure their concentration in your body. The test results can be used as evidence of impairment.
