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IMPAIRED DRIVING BY DRUG

As aforementioned, impaired driving is not only an alcohol related offence, it is a drug related offence.  The Criminal Code stipulates that impaired driving can be by alcohol or drug. The police have at their disposal a number of investigative options to detect impairment by drug, including the use of approved drug screening devices, physical roadside sobriety tests and Drug Recognition Experts (DRE). 

In 2018, Marijuana was legalized in Canada.  With the legalization of cannabis, law enforcement has been in the process of perfecting marijuana screening.  With its efforts to detect impairment by weed, law enforcement is also expanding its ability to detect impairment by other street drugs, such as cocaine, MDMA and opioids.  

this hour has 22 minutes skit

This Hour has 22 minutes has done a couple of pretty hilarious skits about impaired driving caused by the consumption of marijuana.  In the skit below, the vehicle is billowing with marijuana smoke -- an extremely powerful indicator of recent consumption..  The officer conducts some roadside screening, including asking some questions and studying the motorists pupils. 

An officer trained to evaluate impairment of the ability to drive by drug will assess the motorists verbal, cognitive and motor skills. The officer will evaluate the motorists pupils and potentially demand participation in physical coordination tests, including walking heel-to-toe in a straight line. 


Defending DUI by drug


The aforementioned skit is comical but Defending a DUI by drug requires a serious and experienced DUI lawyer. If you have been charged with impaired driving by drug, defending the case is not about following an established defence paradigm; for these prosecutions may require more than just the ordinary DUI evidence.  For instance, where alcohol detection devices have been used for decades, the accuracy of approved drug screening devices is still to be determined. Furthermore, though most people have an understanding about what a person looks like who is "drunk", evaluating a person for drug impairment requires a more trained eye. For court purposes, this training could come through the evidence of a drug recognition expert (DRE). Accordingly, you need an impaired driving lawyer who understands the multi-facetted approach to defending DUI by drug cases.  Cross-examining experts requires a broader skill set than merely examining non-expert police witnesses. 

David Chow has both prosecuted and defended the entire spectrum of criminal driving offences. Over the last two-decades, he has learned how to handle himself in Court. Many lawyers call themselves "litigators" because they have run a small number of trials. David Chow has run hundreds of trials.  


hire a lawyer with hundreds of trials under his belt


For an experienced Alberta DUI lawyer who has run hundreds of trials and asked thousands of questions over his legal career, call David Chow for a free telephone consultation.


403.452.8018