What Is Drug-Impaired Driving Under Ontario Law?
In Ontario, drug-impaired driving is a criminal offense under the Criminal Code of Canada. It involves operating a motor vehicle while under the influence of cannabis, prescription medication, or illegal substances. Law enforcement uses roadside tests, saliva swabs, and blood tests to determine impairment.
Common Drug-Impaired Driving Offenses
- Driving Under the Influence of Cannabis: Operating a vehicle while impaired by THC levels above the legal limit.
- Prescription Drug Impairment: Driving under the influence of medications that impair motor skills and reaction time.
- Illicit Drug Impairment: Operating a vehicle after consuming illegal drugs such as cocaine or opioids.
- Refusal to Submit to a Drug Test: Failing or refusing to comply with a roadside or blood test request from law enforcement.
- Multiple Drug-Impaired Driving Offenses: Repeat offenders face harsher penalties, including longer license suspensions and mandatory jail time.
Your Rights When Facing Drug-Impaired Driving Charges
If you are charged with drug-impaired driving, you have the following legal rights:
- Presumption of Innocence: You are innocent until proven guilty beyond a reasonable doubt.
- Right to Legal Representation: Access to an experienced lawyer who can defend your case.
- Right to Remain Silent: You are not required to provide self-incriminating statements to the police.
- Right to a Fair Trial: The opportunity to challenge the evidence against you in court.
Why Choose Kozyrev Law P.C. for Drug-Impaired Driving Cases?
Extensive Experience in DUI and Drug-Impaired Driving Defense
Our legal team has successfully defended numerous drug-impaired driving cases in Toronto. We understand the scientific and legal complexities of these cases and work diligently to challenge the evidence against you.
Personalized Defense Strategies
Every drug-impaired driving case is unique. We develop a tailored legal strategy based on the circumstances of your arrest, potential procedural errors, and weaknesses in the prosecution’s case.
In-Depth Investigations
We conduct thorough investigations to build a strong defense, including:
- Examining police reports and arrest procedures.
- Challenging the accuracy and reliability of drug tests.
- Reviewing video evidence from police dashcams or surveillance footage.
Aggressive Court Representation
Whether negotiating a plea deal or taking your case to trial, we fight aggressively to protect your rights and minimize the consequences of your charges.
Steps in Handling a Drug-Impaired Driving Case
Step 1: Free Consultation
During your free consultation, we will:
- Review the charges against you.
- Assess the strength of your defense.
- Provide a clear roadmap for your case.
Step 2: Evidence Gathering
Our team will gather and analyze critical evidence to build a strong defense, including:
- Blood test and saliva test results.
- Witness statements and police observations.
- Any procedural errors or violations of your rights.
Step 3: Pre-Trial Negotiations
When appropriate, we will negotiate with the prosecution to reduce or dismiss charges, minimizing potential penalties.
Step 4: Trial Representation
If your case goes to trial, our experienced litigators will present a compelling defense, challenging the prosecution’s evidence and advocating for your best interests.
Challenges in Drug-Impaired Driving Cases
Accuracy of Drug Tests
Unlike alcohol breathalyzers, drug impairment tests are less reliable and can be challenged based on:
- False positives from prescription medications.
- Delayed detection of cannabis, which can remain in the system long after impairment has subsided.
- Contaminated or mishandled test samples.
Violation of Rights
If the police failed to inform you of your rights, conducted an unlawful search, or mishandled evidence, we may challenge the validity of your charges.
Alternative Explanations for Impairment
Fatigue, medical conditions, or stress can mimic signs of drug impairment. We work with medical experts to challenge the prosecution’s claims.
Frequently Asked Questions About Drug-Impaired Driving Cases
What Are the Penalties for Drug-Impaired Driving in Ontario?
Penalties vary depending on the circumstances of the offense, including:
- First Offense: Minimum fine of $1,000 and license suspension for one year.
- Second Offense: Minimum jail sentence of 30 days and license suspension for three years.
- Third Offense: Minimum jail sentence of 120 days and lifetime driving prohibition.
Can Drug-Impaired Driving Charges Be Dropped?
Yes, drug-impaired driving charges may be withdrawn or dismissed if:
- The evidence is weak or insufficient.
- There were procedural errors or violations of your rights.
- Drug tests were improperly administered or unreliable.
What Should I Do If I Am Arrested for Drug-Impaired Driving?
- Remain Silent: Do not admit guilt or provide unnecessary statements.
- Request a Lawyer: Contact an experienced DUI lawyer immediately.
- Document Everything: Record details of the arrest and interactions with police.
Can I Drive While My Case Is Pending?
In some cases, you may be eligible for an ignition interlock or monitoring program, allowing you to drive under certain conditions. We can help you explore your legal options.
Protecting Your Rights in a Drug-Impaired Driving Case
- Seek Legal Counsel Immediately: Contact a lawyer to ensure your rights are protected.
- Preserve All Evidence: Collect and safeguard any documentation related to your arrest.
- Avoid Self-Incrimination: Refrain from discussing your case with anyone other than your lawyer.
- Follow Legal Procedures: Adhere to court orders and deadlines to avoid additional penalties.
Contact Kozyrev Law P.C. Today
If you are facing drug-impaired driving charges in Toronto, Kozyrev Law P.C. is here to help. Our experienced legal team will fight to protect your rights and provide strong, compassionate support every step of the way.
Phone: (416) 900-0933
Email: info@kozyrevlaw.ca
Location: Serving clients across Toronto and the Greater Toronto Area
Take the first step toward defending your freedom. Contact Kozyrev Law P.C. today for a free consultation and let us help you through this challenging time.
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