Driving under the influence of drugs

The recent marijuana legalization has many benefits for consumers, but it remains forbidden to drive your car with a concentration of 2 nanograms or more per milliliter of blood.

The prohibited concentration level for gamma hydroxybutyrate (GHB) is set at 5 mg / L because the body can naturally produce low concentrations of this drug.

As for other illicit drugs, there is no legal concentration.

Drug Definition: The meaning of the word drug to which this offense refers to includes any substance, other than alcohol or food, that may impair the ability to drive. This definition is therefore widely interpreted and does not imply only illegal drugs. For example, an individual may be charged with driving under the influence if he or she has used prescription drugs or over-the-counter medications at the pharmacy. An expert will usually be required to testify about the side effects of the substances, their effects on the driving ability, as well as the increased effects of alcohol if they are consumed together.

Like in drinking and driving cases, a police officer who has reasonable grounds to believe that a person is committing or has committed, during the previous three hours, an offense relating to driving under the influence of drugs or a combination of alcohol and drugs, may require to conduct tests to determine whether his ability to drive is impaired by the absorption of these substances.

Evaluating Officer

A drug recognition expert, also known as an Evaluating officer, is the police officer who conducts this evaluation which includes 12 steps. If the driver fails, the evaluating officer must identify the type of drugs that impaired his ability to operate the vehicle. The types of drugs are the following:

a) a depressant;

b) an inhalant;

c) a dissociative anaesthetic;

d) cannabis;

d) a stimulant;

f) a hallucinogen; or

g) a narcotic analgesic.

The Evaluating officer may then request that the person provide a sample of bodily substances. This sample will be analyzed and will determine wether any drug or medication was found in driver’s organism.

If a drug or medication is present in the driver’s body, it does not necessarily mean that the person drove while impaired by these substances. Some traces of drugs can remain in the body for a certain period of time, without having the effects of this drug. The evaluation by the drug recognition expert must therefore conclude that the individual’s ability to drive was impaired at the time of the alleged infraction.

Fortunately, it is often possible to challenge the police procedures and the evaluations conducted by the Evaluating officer. Call Me Dagenais to have thorough analysis of your file!