Toronto Drunk Driving and Drug Driving Lawyers are also generally described as Impaired Driving Lawyers. From a legal standpoint, there are similarities and differences between Impaired Driving (by alcohol) and Impaired Driving (by drug).
Similarities
Impaired driving is a single charge that encompasses both contexts. The police will make a determination as to whether perceived impairment arose by drugs or alcohol in their investigation. Based on that determination, they will charge the person accordingly and the charging document (known as the “information”) will usually specify the nature of the impairment.
From a legal standpoint, both forms of impairment carry identical sentencing consequences. Both carry a minimum fine of $1,000 and a minimum driving prohibition of 12 months on a first time offence (and those minimums increase for repeat offenders).
From an investigation standpoint, the police investigate these incidents in similar weighs and are afforded with similar legal powers in both contexts. For example, evidence of impairment often comes by way of observations that the police make of a suspect and his/her driving. The police can also require individuals to perform sobriety tests to examine whether someone might be impaired.
Another common way that could assist police (and eventually the Crown) in determining if impairment exists is by the police obtaining authorization to obtain a sample of one’s blood. A blood sample can assist in determination the concentration or existence of alcohol or drugs in a person’s body.
Differences
There are important differences between Drunk Driving and Drugged Driving. An Impaired Driving lawyer will usually take slightly different approaches when defending these types of charges, as a result.
As stated above, the penalty scheme under the Criminal Code is identical for the two types of charges. However, there is an important difference that arises if one is convicted of alcohol Impaired Driving versus Drug Impaired Driving: individuals convicted of Drug Impaired Driving are not eligible for any “reduction” in the amount of time they have to remain off the road. For Impaired by alcohol convictions, individuals will often be eligible to participate in the Ignition Interlock Program, which will allow them to drive prior to the expiry of their driving prohibition. By contrast, that program is not available for Drug Impaired driving convictions. In other words, that person must not drive for the entirety of the driving prohibition (on a first offence, a minimum of 12 months).
Another difference is the use of Drug Recognition Experts in Impaired by drug cases. A Drug Recognition Expert (or DRE) is given authorization to perform a series of tests in cases where there are reasonable grounds to believe someone’s ability to drive was impaired by drug. That series of tests is specific to Drugged Driving cases, not Drunk Driving ones.
Conclusion
There are both similarities and differences with these types of charges. A Toronto Impaired Driving Lawyer will be able to explain those differences to you and describe what approach to take in your defence.