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By LegalMatters Staff • Impaired driving kills or injures more Canadians than any other crime, according to Public Safety Canada, and that includes impairment caused by either drugs or alcohol. It is also the single-most important factor contributing to serious road crashes.
“If you are caught operating a vehicle while impaired by cannabis or any other drug you will face the same legal consequences as a person driving drunk,” says Calgary criminal lawyer Vince Semenuk. “These penalties apply to automobile drivers as well as those operating boats, snowmobiles and off-road vehicles.
He points to a study by the Canadian Centre of Substance Use and Addiction that found that cannabis use doubles the risk of being involved in a collision, as drivers have a reduced ability to track moving objects or adjust to sudden changes in a driving environment.
“If police have a reasonable suspicion to believe a driver is impaired by a drug, they can demand a physical sobriety test at the roadside,” says Semenuk. “Reasonable suspicion is based on such factors as red eyes, muscle tremors, agitation and abnormal speech patterns.”
He explains that if a driver fails a Standard Field Sobriety Test or their saliva is positive for drugs, the officer may demand that they participate in a Drug Recognition Evaluation.
“Testing can be done within two hours after you have operated the vehicle, with charges possible if your blood drug concentration ‘is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation,’” says Semenuk.
He adds there is zero tolerance for young, novice or commercial drivers when it comes to cannabis use, or anyone with a G1, G2, M1 or M2 licence.
