Drug-Impaired Driving (DUI)

If you are facing drug-impaired driving charges in Edmonton, act quickly to understand the legal process and potential consequences.

Geoff Green, a highly-rated impaired driving lawyer based in Edmonton, has over 25 years of experience defending individuals charged with impaired driving offences. He provides strong legal representation to those accused of driving under the influence of drugs, ensuring your rights are protected and offering a robust defence against these serious charges.

Understanding Drug-Impaired Driving Charges in Alberta

Being charged with drug-impaired driving in Alberta can have significant consequences, including potential fines, jail time, and driving suspensions.

Under Canadian law, a drug impaired driving charge is treated as seriously as alcohol-related impaired driving. According to the Criminal Code of Canada, it is illegal to operate a vehicle while your ability to drive is impaired by drugs, including cannabis, over-the-counter medications, or any other substances that affect your concentration and motor skills.

The legal framework surrounding drug-impaired driving charges has become stricter since the legalization of cannabis in Canada. Police officers use several methods, including roadside sobriety tests and the involvement of Drug Recognition Experts (DRE), to determine whether a driver is impaired by drugs. If charged, you may face severe penalties, including hefty fines, a criminal record, or even imprisonment.

Penalties for Drug-Impaired Driving Offences in Alberta

Penalties for drug-impaired driving offences can vary depending on the circumstances but are generally severe.

Under the Criminal Code, first-time offenders face mandatory fines, potential jail time, and a driving suspension. Repeat offenders or those causing injury or death face even more severe consequences. The penalties may include:

• A minimum fine of $1,000 for a first offence
• Jail time of 30 days for a second offence
• Jail time of 120 days for a third or subsequent offence
• Driving suspensions ranging from 1 year to 3 years or longer, depending on the case
• Potential use of an ignition interlock device to monitor your sobriety before starting your vehicle
• Increased insurance premiums and long-term impacts on your driving record

Conviction can lead to a permanent criminal record, making it more difficult to find employment, travel abroad, or obtain certain professional licences. Given these serious implications, it is important to seek legal advice from a criminal defence lawyer with extensive experience in drug-impaired driving laws in Alberta.

There may also be immigration consequences for people who have two or more criminal code convictions even if they are summary (not indictable) matters. Geoff Green always warns his clients who are not-yet citizens of Canada to be very careful in pleading guilty as there are only two strikes and a guilty plea gives you one strike already.

The Role of a Criminal Defence Lawyer in Drug-Impaired Driving Cases in Edmonton

A skilled criminal defence lawyer can play a crucial role in protecting your rights and challenging drug-impaired driving charges.

Geoff Green has represented many clients accused of drug-impaired driving in Edmonton and across Alberta, successfully defending their cases by exploring all available legal defences. Geoff will carefully analyze the evidence in your case, including the legality of the roadside stop, the administration of sobriety tests, your right to counsel, and whether proper procedures were followed during the arrest.

One of the critical aspects of defending a drug-impaired driving charge is challenging the results of drug recognition evaluations and field sobriety tests. These tests are often subjective and may not accurately reflect your ability to operate a vehicle safely.

Geoff will also examine whether the police had reasonable grounds to request the testing in the first place, ensuring your Charter rights are not violated during the process.

Drug-Impaired Driving vs. Alcohol-Impaired Driving

Although drug-impaired driving and alcohol-impaired driving share similarities, the legal defences and consequences can differ.

For alcohol-impaired driving, blood alcohol concentration (BAC) levels are used to determine whether a driver is over the legal limit, which is 80 milligrams of alcohol per 100 millilitres of blood. Drug-impaired driving, on the other hand, relies more heavily on subjective tests, such as field sobriety tests and the evaluation of a Drug Recognition Expert (DRE).

With the legalization of cannabis in Canada in 2018, the Criminal Code has introduced specific legal limits for THC (the psychoactive compound in cannabis) in the bloodstream:

• 2 nanograms (ng) but less than 5 ng of THC per millilitre of blood results in a summary offence.
• 5 ng or more results in a criminal offence.

Combining alcohol and drugs while driving can lead to even harsher penalties, with strict punishments for those who exceed both alcohol and drug limits.

Defending Drug-Impaired Driving Charges in Edmonton

Several potential defences can be used to fight drug-impaired driving charges.

Geoff Green will work with you to understand your unique situation and tailor the defence strategy accordingly. Some common defences include:

• Challenging the accuracy of sobriety tests: Sobriety tests administered by police officers are not always reliable and can be influenced by factors such as fatigue, anxiety, or medical conditions unrelated to drug use.
• Questioning the validity of drug recognition expert evaluations: Drug Recognition Experts use a series of physical and cognitive tests, but these evaluations are not always definitive proof of impairment. The reliability of these assessments can be disputed in court.
• Examining the legality of the roadside stop or arrest: Police must have reasonable suspicion or probable cause to stop your vehicle and conduct a sobriety test. The charge could be dismissed if the arresting officer did not follow proper protocol or the Charter of Rights and Freedoms.

Geoff will leave no stone unturned when defending your case, ensuring that the evidence against you is thoroughly scrutinized and challenged whenever possible.

Consequences of a Conviction for Drug-Impaired Driving in Alberta

A conviction for drug-impaired driving can have long-lasting consequences that extend beyond fines and driving suspensions.

One of the most significant outcomes is a criminal record, which can limit future opportunities in various aspects of life. A criminal record can:

• Prevent you from obtaining certain types of employment
• Restrict your ability to travel internationally, especially to the United States
• Increase your insurance premiums for years to come
• Affect your ability to obtain professional licences or certifications
• Immigration consequences
• Other unintended consequences such as volunteer opportunities or disclosure of a criminal record in family or other Court proceedings

Further, individuals convicted of impaired driving offences may also face civil lawsuits if their impaired driving caused injury or property damage. This can lead to significant financial liabilities beyond the criminal penalties.

How Geoff Green Can Help You Avoid a Criminal Record

Avoiding a criminal record is crucial when dealing with drug-impaired driving charges.

Geoff Green will assess your case in detail, exploring options such as reducing the charges, negotiating for alternative sentencing, or seeking a full acquittal. He will fight to keep your record clean, which can help you maintain your employment, travel privileges, and overall reputation.

Understanding Your Rights at a Traffic Stop in Edmonton

Knowing your rights when stopped by police can make a significant difference in how your case unfolds.

If you are pulled over for suspected impaired driving, you have the right to remain silent and request to speak to a lawyer before answering any questions. You also have the right to refuse certain roadside sobriety tests, but refusing to comply with a drug recognition evaluation or a blood sample request can result in additional charges.

Geoff Green will ensure that your Charter rights are protected throughout the legal process, from the initial stop to trial. If your rights were violated at any point, Geoff could argue for the evidence to be excluded, which may result in the dismissal of your charges.

Frequently Asked Questions about Drug-Impaired Driving Charges in Edmonton

How is drug-impaired driving different from alcohol-impaired driving in Alberta?

Drug-impaired driving is treated similarly to alcohol-impaired driving under Alberta’s impaired driving laws. The critical difference is that drug impairment is measured by blood drug concentration rather than blood alcohol content, but both can lead to DUI charges, fines, licence suspensions, and criminal records.

Can I be charged with impaired driving if I’m under the influence of legal drugs?

Yes, even if the drugs are legal or prescribed, driving while impaired by drugs can result in a DUI charge in Edmonton. The law focuses on your ability to safely operate a vehicle, and any substance that impairs your driving, including cannabis or prescription medication, can lead to criminal charges.

What are the penalties for drug-impaired driving in Edmonton?

Penalties for drug-impaired driving in Edmonton can include a minimum fine of $1,000, mandatory licence suspension, participation in Alberta’s Ignition Interlock Program, and potential jail time for repeat offenders. Convictions also result in a criminal record, affecting future employment and travel opportunities.

How is drug impairment tested during a DUI stop?

Police in Edmonton use Standardized Field Sobriety Tests (SFSTs) and Drug Recognition Experts (DREs) to assess drug impairment at roadside stops. If drug impairment is suspected, you may be required to provide a blood or saliva sample for analysis of your blood drug concentration levels.

Can an experienced DUI lawyer help reduce drug-impaired driving charges?

Yes, an experienced DUI lawyer in Edmonton can help challenge evidence, improper procedures, or testing accuracy in your drug-impaired driving case. Seeking legal advice early on can improve your chances of reducing penalties or even avoiding a criminal record.

Schedule a Free Consultation with Geoff Green Today

If you are facing a drug-impaired driving charge in Alberta, Geoff Green offers a free initial consultation to discuss your case.

With over 25 years of experience as a criminal defence lawyer in Edmonton, Geoff has a deep understanding of the legal landscape and the complexities involved in impaired driving cases. Whether you are dealing with your first charge or a repeat offence, Geoff is ready to defend your rights and provide the strong legal representation you need.

Contact Geoff Green today at 780 914 1836 or geoff@geoffgreenlaw.ca to schedule your free consultation and build a defence strategy tailored to your case. Don’t face your charges alone—Geoff’s experience in defending impaired driving offences can help you navigate the legal process and fight for the best possible outcome in your case.