skip to Main Content

Charged with DUI in Ontario? Fight The Charges.
Toll-free at 1-800-668-1657 or freeconsult@callalawyer.ca

Drug-Impaired Driving: Evaluating The Roadside Testing For High Drivers

Drug-Impaired Driving: Evaluating the Roadside Testing for High Drivers

A brief overview of the the prospective issues with testing for drug-impaired driving.

Later this year, the Canadian Government will legalize marijuana. This, of course, necessitates reform to our impaired driving laws. While we all agree that police officers must be able to detect high drivers, the reliability of current drug impairment testing is less certain.

Indeed, marijuana is far less suitable to accurate roadside screening than is alcohol. As of yet, there is no breath test for pot. Rather, officers rely primarily on their training, questioning, and their own observations. The problem, then, is that this method is based primarily on the officer’s subjective opinion. In other words, there is no objective confirmation of impairment like there is when a motorist fails a roadside breathalyzer. Instead, suspected drug-impaired drivers are arrested and must undergo a Drug Influence Evaluation back at the station. This can include questions, eye examinations, pulse tests, balance tests, one-leg tests, finger-to-nose tests, walking in a straight line, blood pressure tests, and taking your temperature.

Statistics Canada has found that drug-impaired driving charges take almost twice as long to prosecute as alcohol impaired driving charges – and are less likely to result in a conviction. This suggests that current methods are comparatively unsuccessful in actually identifying drug-impaired drivers. After all, many supposed indicia of drug-impairment are consistent with other innocuous explanations such as a motor-vehicle accident, fatigue, side-effects of legal medications, or any number of medical conditions.

The consequences for misidentifying drug-impaired drivers are significant. Innocent motorists could be subject to police stops, arrests, and charges based on inaccurate testing – all of which represent a substantial disruption in a person’s life. Indeed, charges often take months or even years to resolve.

For these reasons, Canadians must demand accurate roadside drug-impaired driving screening process as a pre-requisite to legalization.

Share This Post

Request Free Consultation
Free Criminal Charges Book

Free Criminal Charges Book

Fight The Charges! A Guide to Common Criminal Charges.

Get the Free Book

Free DUI Book

Free DUI Book

17 Secrets to Helping You Survive (and WIN) Your DUI Charge.

Get the Free Book

Free Bail Book

Free Bail Book

A Guide to Bail: Because There is No Get Out of Jail Free Card

Get the Free Book

Some of Our Google Reviews

I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move on.read more
Krystal Stacy
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be learned.read more
Sean Jamali
Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
S F
S F
17:16 07 Jun 18
Mr. Marchand is an amazing lawyer. He is very personable and professional. My case was a very long and drawn out case, but Mr. Marchand always kept up with everything and I was always well informed. I really appreciated that he would take the time to fully explain his thought process/strategy and was never condescending. Even though this was a stressful time, Mr. Marchand made it a great experience and took care of everything.read more
Rochelle Jenifer
Rochelle Jenifer
17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time again.read more
TAYLOR STEVENS
TAYLOR STEVENS
19:28 26 Jun 18
Google Rating
4.9
Back To Top