Driving Under The Influence Of Drugs In Ontario: Laws, Penalties

Driving under the influence of drugs in Ontario is a serious criminal offence that carries severe legal consequences, including licence suspensions, hefty fines, and potential jail time. With the legalization of cannabis and the increasing use of prescription and recreational drugs, Ontario has implemented strict impaired driving laws to ensure road safety.

Understanding the legal framework, the penalties for drug-impaired driving, and possible defence strategies is essential for any driver facing these charges. This article provides a comprehensive guide to Ontario’s drug-impaired driving laws, how law enforcement detects drug impairment, and what to do if you are charged with driving under the influence of drugs in Ontario.

Ontario’s Laws on Drug-Impaired Driving

Under Ontario’s Highway Traffic Act and the Criminal Code of Canada, it is illegal to operate a motor vehicle while impaired by any drug, including:

• Cannabis (THC)
• Prescription medications (such as opioids, sedatives, and antidepressants)
• Over-the-counter drugs (such as antihistamines and muscle relaxants that cause drowsiness)
• Illegal substances (such as cocaine, methamphetamine, LSD, or ecstasy)

Drivers can be charged with impaired driving if their ability to operate a vehicle is affected by any substance, even if it is legally prescribed or obtained.

How Ontario Detects Drug-Impaired Drivers

Ontario law enforcement uses a variety of methods to detect drug-impaired drivers. Unlike alcohol, which has clear blood alcohol concentration (BAC) limits, drug impairment is assessed based on observed behaviour, roadside tests, and biological samples.

1. Standardized Field Sobriety Tests (SFSTs)
Police officers trained in drug recognition may conduct a series of physical and cognitive tests to determine impairment. These include:

• The horizontal gaze nystagmus test (eye movement tracking)
• The walk-and-turn test (assessing balance and coordination)
• The one-leg stand test (evaluating motor function)

2. Drug Recognition Expert (DRE) Evaluations
If an officer suspects drug impairment, a Drug Recognition Expert (DRE) may be called in to conduct a 12-step evaluation, including pupil size assessment, blood pressure checks, and divided-attention tasks.

3. Oral Fluid Screening Devices
Ontario police officers now have access to oral fluid drug screening devices, which can detect the presence of cannabis (THC), cocaine, and methamphetamine in saliva. These roadside tests provide immediate results and can be used as evidence in court.

4. Blood and Urine Tests
If a driver is arrested for suspected drug impairment, they may be required to provide a blood or urine sample for further analysis. Refusing to comply with these tests can lead to automatic charges and severe penalties.

Penalties for Driving Under the Influence of Drugs in Ontario

Ontario has zero tolerance for drug-impaired driving, especially for young, novice, and commercial drivers. The penalties for driving under the influence of drugs depend on factors such as:

• The driver’s licence type
• The level of impairment detected
• The number of prior offences

First Offence

• Immediate 90-day licence suspension
• $550 fine
• Vehicle impoundment for 7 days
• Possible higher penalties

Second Offence

• Immediate 90-day licence suspension
• Mandatory education or treatment program
• Fine up to $2,000
• Mandatory ignition interlock device

Third and Subsequent Offences

• Mandatory minimum 120 days of imprisonment
• Licence suspension for up to 10 years
• Criminal record
• Mandatory alcohol and drug education program

Zero-Tolerance Rules for Certain Drivers

Ontario enforces zero-tolerance laws for specific groups of drivers:

• Drivers under 21 years old: Any amount of THC or other drugs in the system leads to an automatic suspension.
• Novice drivers (G1, G2, M1, M2): Any drug presence results in immediate penalties.
• Commercial drivers: Strict drug limits apply, with enhanced penalties for impairment.

How a Criminal Defence Lawyer Can Help with Drug-Impaired Driving Charges

Being charged with driving under the influence of drugs in Ontario does not automatically mean a conviction. An experienced criminal defence lawyer can challenge the evidence and fight for reduced penalties or case dismissal.

1. Challenging Roadside Testing Accuracy
Oral fluid screening devices and field sobriety tests are not 100% accurate. A lawyer may argue that:

• The test was improperly administered
• The results were inconclusive or unreliable
• The officer lacked reasonable grounds for testing

2. Questioning Drug Recognition Evaluations
DRE assessments rely on subjective observations. If a DRE officer made errors in their evaluation, the case could be challenged.

3. Disputing the Presence of Drugs in the System
A positive drug test does not automatically mean impairment. THC, for example, can remain in the system for days or weeks without causing impairment at the time of driving. A defence lawyer can argue that the test results do not prove the driver was actually impaired.

4. Violations of Charter Rights
If police violated a driver’s Charter rights, such as improper roadside detention, unlawful searches, or failure to provide legal counsel, the charges may be dismissed.

Consequences of a Drug-Impaired Driving Conviction

A conviction for driving under the influence of drugs in Ontario can have long-lasting consequences beyond the immediate penalties.

• Criminal Record: A DUI conviction stays on your record and may impact employment, travel, and professional licensing.
• Increased Insurance Rates: Car insurance premiums increase significantly after a drug-impaired driving conviction, sometimes making coverage unaffordable.
• Travel Restrictions: Some countries, including the United States, may deny entry to individuals with a DUI record.

Why Choose De Boyrie Law for DUI Defence?

At De Boyrie Law, we have extensive experience defending clients against drug-impaired driving charges in Ontario. Our team is dedicated to protecting your rights and ensuring you receive the best possible defence. We offer:

• Expert legal representation for drug-impaired driving cases
• Aggressive defence strategies to challenge evidence and reduce penalties
• Personalized legal support to help you understand your options
• Proven success in defending clients against DUI charges

Schedule a Free Consultation with De Boyrie Law

If you are facing charges for driving under the influence of drugs in Ontario, don’t wait to seek legal help. Contact De Boyrie Law today for a free, confidential consultation. Our team will review your case, explain your options, and build a strong defence to protect your rights and future. Call now to get started.