Marijuana DUI Lawyer in Toronto

Defending Marijuana DUI Charges in Toronto

When cannabis was legalized in Canada, significant changes happened almost overnight. Changes were made to driving laws to reflect the legal use of recreational marijuana. You have the right to enjoy marijuana in your free time, but the law does not allow for driving under the influence of the substance. Testing for cannabis impairment has some challenges that could be exploited in defending your case. The charges could be dropped, reduced, or penalties lessened with the help of a marijuana DUI lawyer in Toronto.

At AR Law, our law firm is committed to helping clients pursue the best possible legal outcomes. When charged with driving under the influence of cannabis, this could mean having charges dropped when we can prove faulty testing procedures. In other instances, negotiating a plea may mean avoiding the stiffest penalties. Contact us today to discuss your options. There are various defence strategies that could be effective for these charges; you can learn about your options in a free consultation.

What Is a Charge of Marijuana DUI?

Driving under the influence of marijuana is a serious criminal offence in Canada, with strict penalties under the Criminal Code. If you’ve been charged with a marijuana DUI, it’s essential to understand your rights, the law, and how an experienced marijuana DUI lawyer in Toronto can help protect your future.

What Are the Marijuana DUI Laws in Canada?

Under Canadian DUI laws, it is illegal to operate a motor vehicle while impaired by drugs, including marijuana. Police officers use roadside oral fluid tests, field sobriety tests, and saliva or blood tests to determine impairment. According to the Criminal Code, any detectable level of THC in your blood while driving may result in charges, even if you do not feel impaired and have not exhibited impaired driving behaviour.

What Constitutes Marijuana Impaired Driving?

In impaired driving cases involving marijuana, the prosecution must prove that your ability to operate a vehicle was affected by THC consumption. Establishing the fact of impaired driving may include evidence such as:

Physical signs of impairment observed by a police officer
Performance on standardized field sobriety tests
THC levels in saliva or blood

What Are the Consequences of a Marijuana DUI Conviction?

A marijuana DUI offence conviction can have serious consequences, including:

Fines and Penalties: Significant fines and possible jail time for repeat offenders.
Driving Restrictions: Suspension or revocation of your driver’s license.
Criminal Record: A conviction results in a criminal record, which may affect employment opportunities, international travel, and other ramifications.
Increased Insurance Rates: Insurance premiums often spike after a DUI offence.

How a Marijuana DUI Lawyer in Toronto Can Help

Defending against a marijuana DUI offence requires a breadth of knowledge of marijuana DUI laws, testing methods, and the ability to challenge the evidence presented by the prosecution. A skilled DUI lawyer can:

Evaluate the Evidence: Scrutinize the accuracy of sobriety tests, THC measurements, testing procedure, chain of custody of evidence, and the actions of the police officers involved.
Challenge the Validity of the Arrest: Investigate whether Charter rights were violated, such as an unlawful search or a failure to inform you of your rights.
Negotiate with the Prosecution: In some cases, charges can be reduced or dropped entirely.
Build a Strong Defence: Use inconsistencies or lack of evidence to cast doubt on the prosecution’s case.

What Are the Defence Strategies for Marijuana DUI Cases?

There are several possible defences for impaired driving involving marijuana, including:

Errors in Testing Procedures: Challenging the accuracy of roadside tests or lab results.
No Proof of Impairment: Demonstrating that the driver exhibited no signs of impairment.
Violation of Rights: Highlighting any breaches of your Charter rights during the investigation.

DUI Charges for Marijuana Intoxication in Toronto

When most of us think of impaired driving, the first thing that comes to mind is usually alcohol intoxication. However, Canadian law treats driving under the influence of marijuana as an equally serious criminal offence. Even if you’re more capable of maintaining control, impaired driving linked to cannabis use can lead to an arrest, charge, and conviction with long-term consequences.

Marijuana DUI laws were more recently enacted than the law related to alcohol intoxication. This has led to a drive to develop roadside chemical tests similar to the breathalyzer, but the science has proven flimsy at best. In most cases, police rely on an initial physical conditioning test to support a charge of cannabis-impaired driving. If an officer believes you’re under the influence of marijuana, you will likely be charged with a DUI. At that point, your future could be uncertain.

Oral Fluid Screening Tests to Identify Marijuana Intoxication

With the legalization of non-medical cannabis in Canada, oral fluid drug screening has emerged as a key tool in addressing drug-impaired driving. Similar to alcohol screening devices in use for decades, these devices allow police officers to quickly detect the presence of specific drugs, including THC (the psychoactive component of cannabis), methamphetamine, and cocaine. Under the Criminal Code, law enforcement officers can demand that a driver provide an oral fluid sample if there is reasonable suspicion of drug use.

The devices, such as the Dräger DrugTest® 5000 and SoToxa™, offer significant advantages over older methods like urine or blood tests, which were often intrusive, required specialized facilities, and did not deliver timely results. Oral fluid drug screening offers a less invasive alternative that can now be conducted at the roadside, delivering presumptive results in minutes.

How Oral Fluid Screening Works in Impaired Driving Cases

Oral fluid testing measures the active drug presence in saliva, providing a reliable indication of recent drug use rather than lingering metabolites that could remain long after impairment has subsided. This is crucial for impaired driving cases, as it is believed that the test provides a stronger connection between the detected substance and a driver’s ability to drive a vehicle safely.

However, oral fluid drug screening has limitations. While it detects the presence of drugs at or above thresholds set by the Criminal Code, it cannot measure the concentration of the drug in the bloodstream or definitively establish the extent of impairment. Therefore, a positive result often leads to further confirmatory testing, such as a blood sample analysis or a comprehensive Drug Recognition Evaluator (DRE) evaluation.

Defending Against Oral Fluid Screening Tests

Earlier versions of the oral fluid screening devices faced criticism for high failure rates and limited accuracy. Some recent advancements are claimed to have significantly improved the performance of these tests. The current devices achieve sensitivity and specificity rates over 80% for many substances, although challenges remain in detecting some drugs, such as benzodiazepines (which may be referred to as downers, and amphetamines (meth, speed). Law enforcement agencies are trained to corroborate test results with behavioral observations and the Standardized Field Sobriety Test (SFST) to establish drug intoxication further.

Can You Challenge Roadside Drug Tests?

While a valuable tool for detecting drug presence, roadside saliva testing is not without its limitations and vulnerabilities, which can be challenged in impaired driving cases. These tests only provide presumptive results and cannot determine the concentration of a drug in the bloodstream or the extent of impairment, which is critical for establishing a criminal offence under Canadian law.

False positives caused by passive exposure to drugs like cannabis or errors in sample handling could occur. Additionally, discrepancies between the test results and the police officer’s observations during the Standardized Field Sobriety Test may call the reliability of the testing into question. A skilled marijuana DUI lawyer in Toronto can evaluate the procedural accuracy of the test, the qualifications of the administering officer, and whether your Charter rights were violated, ensuring that any improper evidence is excluded and your rights are protected.

Penalties for Marijuana DUI in Toronto

If you plead guilty to the charges filed by the Crown Attorney, you’ll face minimum mandatory penalties, even in a first conviction. Unfortunately, a conviction may lead to jail time. Even in a best-case scenario, you could face serious fines and lose your right to operate a motor vehicle. If you are offered a plea deal, talk to a marijuana DUI defence lawyer first. Why resign yourself to a future of increased insurance, high fines, and other difficulties?

What Are the Penalties for Marijuana DUI in Toronto?

If you’re convicted of driving under the influence of marijuana, there are various penalties you could face. A conviction for driving under the influence of marijuana carries hefty penalties under the Criminal Code of Canada. These penalties are designed to deter impaired driving and help ensure road safety. If convicted of a marijuana DUI offence, you could face the following consequences:

Fines and Other Monetary Penalties

First-time offenders typically face fines starting at $1,000. For repeat offences, fines may increase significantly, along with other penalties.

License Suspension A conviction results in an automatic license suspension.

First offence: 1-year suspension.
Second offence: 2-year suspension.
Third or subsequent offences: 3 years or more.

Imprisonment

For repeat offenders or cases involving aggravating factors, such as DUI impaired driving that led to an accident with bodily harm or death, imprisonment is possible.

Second offence: Up to 30 days in jail.
Subsequent offences: Up to 120 days or more.
Cases involving fatalities or severe injuries could lead to life imprisonment.

Criminal Record

A marijuana DUI conviction will appear on your criminal record, which can have long-term consequences on employment, housing, and travel. Many countries do not allow visitors who have DUI convictions on their criminal record, including the USA.

Mandatory Driving Programs

Convicted offenders may be required to attend drug education and rehabilitation programs.

Insurance Rate Increases

A conviction leads to drastically higher insurance premiums or denial of coverage altogether.

Immigration Issues

If you are convicted of marijuana DUI and are not a citizen, you could face trouble with your status in Canada.

The severity of the penalties will reflect various factors, including prior convictions, the level of THC detected, and whether the impaired driving resulted in injuries or fatalities. A conviction can have lasting repercussions on your personal and professional life. It is critical to consult an experienced marijuana DUI lawyer in Toronto to explore your legal options, challenge the evidence, and potentially reduce or avoid these penalties.

Can You Beat Toronto Marijuana Impaired Driving Charges?

Individuals charged with impaired driving often accept a summary conviction and try to move on with their lives. You may believe you do not have a solid defence against the charges. Pleading guilty to the charge may not be in your best interests. A marijuana DUI lawyer in Toronto can fight for a more favourable plea deal or seek a “not guilty” verdict in court, allowing you to walk away without serious consequences.

A defence to fight charges of marijuana DUI could include a range of strategies, including but not limited to the following:

Incorrect procedures in administering Standardized Field Sobriety Tests
Illegal stop, arrest, or other error in police procedure
Breach of right to counsel
No intent to drive
Language and translation problems
Faulty saliva or blood testing procedures
Chain of custody of blood testing evidence
Lab errors

Driving under the influence of marijuana is a serious charge, and it is vital that you ensure you have a criminal lawyer who understands the law and the various types of errors that can occur, and who is ready to take every legal action to protect your rights and interests. You can speak with a Toronto DUI lawyer during a free consultation at AR Law. There’s nothing to lose and no risk. Even if the evidence doesn’t support a full dismissal of the charges against you, achieving a more beneficial outcome is often possible.

Contact a Marijuana DUI Lawyer in Toronto Today

Facing a charge of impaired driving under the influence of any drug, including marijuana, is a stressful experience. The situation is far more worrisome due to the inexact science surrounding marijuana DUI charges. Roadside THC saliva tests may return false positives, and most of the evidence used against defendants is related to field sobriety tests that can be difficult to perform for reasons other than intoxication. Don’t let a charge of impaired driving wreck your future. Seek legal help today.

At AR Law, we understand that the consequences of a marijuana DUI are strict. Even a first offence can have harsh penalties, but the Crown Attorney may assure you they are offering a fair plea deal. They want to move you through the criminal system as quickly as possible. Don’t fall for this. Call (416) 960-0781 today to schedule a free case evaluation. A marijuana DUI lawyer in Toronto can help you decide the best way to move forward.