AR Law

Driving High in Canada: Understanding the Law and the Possible Consequences

The Canadian Cannabis Act made marijuana legal for recreational and medicinal purposes in 2018, but there’s still often confusion surrounding when it’s okay to smoke and when it can cause legal repercussions. While marijuana is legal, driving under the influence of it is not. Find out what qualifies as high driving, how officers determine whether you are under the influence of marijuana or other drugs, and what the legal THC limit is in this resource.

What Is High Driving?

High driving is when you are driving under the influence of a drug. While most people are referring to marijuana when talking about getting high, this could technically apply to other drugs as well. High driving is illegal because it falls under the category of driving while impaired. When you are under the influence of a substance like marijuana, you may have slower reaction times, have more difficulty focusing on the road and your surroundings, and be more likely to cause an accident or fail to avoid one.

Marijuana affects each person differently, and how high you get when consuming it can depend on several factors. These include your body weight, what kind of tolerance you have built up, what kind of marijuana product you consume, and the method of consumption.

How Do Officers Determine Whether You Are Under the Influence of Drugs?

Officers use many clues to help them detect if someone may be driving under the influence. For example, a person who is driving high may be driving under the speed limit, have difficulty maintaining speed, have trouble maintaining their lane, or run a stop sign or commit another traffic infraction.

If an officer sees signs of impaired driving, they can pull you over for a traffic stop. During the stop, the officer will ask you general questions to observe how you are able to carry on a conversation, including your reaction time, whether you’re slurring your words, and if you appear to be aware of your surroundings. The officer will also be aware of any kind of marijuana smell coming from the car.

If the officer believes that you are showing signs of driving high, they can ask that you take a roadside drug test with a spit sample. If the test is positive, you can be arrested and taken into custody, where a blood test can be done to see how much THC you have in your bloodstream. You may also be asked to take a field sobriety test at the scene of the stop to check your motor function and cognitive skills.

What Is the Legal Limit for THC in Your System in Canada?

For most people, the legal limit of THC in your blood is 2 nanograms per milliliter. However, there are some segments of the population that fall into the zero tolerance policy. Those under the age of 21 or who have a G1, G2, M1, or M2 license are not allowed to drive with any level of THC in their blood. The same applies to anyone driving a commercial vehicle or an A-F driver’s license. Those who use marijuana for medicinal purposes — as opposed to recreational purposes — are not subject to the zero-tolerance law but can still face charges if they are arrested for impaired driving.

What Are the Consequences If You’re Convicted of Impaired Driving?

If you’re arrested and convicted of driving while high, you can face serious consequences — especially if you have previous convictions. Below is a list of the penalties you could face by level of THC in your blood and whether it’s a first, second, or third offence.

• 2-5 ng/ml
  • First offence: Driver’s license suspended for three days and a fine of up to $550
  • Second offence: Driver’s license suspended for seven days, a fine of at least $350, and a mandatory education program
  • Third offence: Driver’s license suspended for 30 days, a fine of at least $450, mandatory treatment program and medical exam before you can begin driving again, and 6 months of using an ignition interlock device
• 5 ng/ml
  • First offence: Driver’s license suspended for 90 days, your vehicle impounded for a week, and a fine of $550
  • Second offence: Driver’s license suspended for 90 days, your vehicle impounded for a week, $550 fine, and a mandatory treatment or education program
  • Third offence: Driver’s licenses suspended for 90 days, your vehicle impounded for a week, a mandatory treatment program, 6 months with an ignition interlock device, and other fees

It’s possible to face even harsher penalties in severe cases or situations where there have been multiple previous offences, including permanently losing your driver’s license. If you’ve been arrested for driving while high, it’s important to discuss your situation with a criminal defence lawyer to ensure that you’re aware of the potential penalties you’re facing and your options for defence.

What Should You Do If You’re Arrested for Driving High?

If you’ve been arrested for driving high, the first thing you should do is tell officers that you want to speak with a lawyer. Don’t answer any questions with a lawyer present. The things that you say and do, starting with the traffic stop, can make a big difference in your case. Don’t give officers any additional evidence or statements that could be used against you. When your lawyer comes, they will be able to talk to you about the charges against you and provide counsel about what happens next.

When you’re facing severe penalties such as license suspension and hefty fines, you need a criminal defence lawyer who is prepared to help you fight back against charges. Call AR Law Barrister & Solicitor to discuss your case and learn more about how our legal team can help.

Can You Refuse a Breathalyzer Test?

If you’ve ever been pulled over after having a drink or two, you know how scary it can be. Even if you know that you’re not impaired, it can still be unnerving to see the lights flashing behind you and have a police officer asking you to take a field sobriety test. The Breathalyzer is one such test. It requires you to blow into a device that is able to detect your blood alcohol level through your breath. If it shows that you are over the legal limit in Ontario of 0.08, you can be charged with driving under the influence. Keep reading to find out whether you are able to refuse a Breathalyzer test and what happens if you do.

Do Officers Need Probable Cause to Request That You Take a Breathalyzer?

Prior to December 2018, officers had to have probable cause to request that you take a field sobriety test. This meant that the officer had to have a reasonable suspicion that you were driving under the influence to be able to request the test. Examples of this could be a smell of alcohol in the car or coming from your person, having an open container in the vehicle, or displaying DUI behaviours, such as failing to maintain your lane.

However, this changed when the law was updated to allow an officer to request that you take a field sobriety test such as a Breathalyzer without needing probable cause. This means that an officer can request that you take the test without needing any specific indication that you may be under the influence. The only requirement is that the officer has to have the Breathalyzer device on their person or in their car.

Charge for Refusing a Breathalyzer

While you technically can refuse to take a Breathalyzer test — as in the officer isn’t going to physically force you to blow into the device — refusing to take the test is a criminal offence under the Criminal Code of Canada 320.15(1). The formal charge is “failure or refusal to comply with a demand.” Depending on the circumstances of the case, you may also be charged with driving under the influence or causing an accident that resulted in bodily harm if you were involved in a crash that resulted in injuries.

Consequences of Refusing a Breathalyzer

If you refuse to comply with the officer’s request to take a Breathalyzer test, you can face the same potential penalties as a driving under the influence charge. This is because failing to comply with a request for a Breathalyzer test is treated the same as taking and failing the test. While the exact penalties can vary depending on the specific case, there are minimum penalties imposed for failing to comply with a demand for a Breathalyzer. For a first offence, the minimum penalty is a $2,000 fine. If it’s a second offence, the minimum penalty is 30 days in jail. For each subsequent offence, the minimum penalty is 120 days in jail.

While the above are the minimum penalties, it’s also possible to be given a harsher sentence. A failure to comply with a demand charge can also result in up to 2 years in jail if it is a summary conviction. You could also lose your driver’s license for 90 days, have your vehicle impounded, and have to pay court fees and a fee to get your license reinstated after the suspension period.

If this is not your first offence, you may also be forced to attend a mandatory education program or have an ignition interlock device installed on your vehicle. This device requires you to blow into it to show that you are not impaired every time you start your car.

As you can see, the penalties for refusing to take a Breathalyzer are significant, and it’s important that you understand what your refusal means as far as criminal charges and being able to drive in the future. If you have questions about anything related to a traffic stop or being suspected of driving under the influence, a criminal defense lawyer can help.

How a Criminal Defense Lawyer Can Help

If you are facing criminal charges related to failing to comply with an order for a Breathalyzer or driving under the influence, a lawyer can advise you of your options. Depending on the exact details of your case, you may be able to fight back against these charges. For example, if the officer didn’t clearly explain what would happen if you refused the Breathalyzer, you may be able to use this in your defense. Also, if the officers infringed upon your rights at any point during the stop, it can impact their case against you and may prove valuable to your defense strategy.

When you work with a criminal defense lawyer, you get the benefit of their years of experience and their in-depth legal knowledge. A lawyer knows what to look for in your case and what common areas officers can overstep or not follow proper procedure — all of which can help you if you are charged with a crime in Ontario.

If you refused a Breathalyzer test and are now facing charges or you failed a field sobriety test, it’s important to speak with a criminal defense lawyer as soon as possible. While refusing to take a Breathalyzer test can result in automatic charges, you may have some legal options to fight other related charges that were the result of the traffic stop or to mitigate the potential penalties. Find out what your rights are and how you can defend yourself against these charges when you call AR Law Barrister & Solicitor.