Hamilton Laws Relating To A Drug Impaired Driving Charge

Driving under the influence of drugs is a very serious offence under the Criminal Code and carries stiff penalties ranging from fines to jail terms and cancellation of licences. Trials for drugged driving in Hamilton, ON are contested on highly technical grounds and are based primarily on evidence collected from the site where the accused has been pulled over and on the accounts of the eyewitnesses.

Our firm employs a team of experienced and highly qualified attorneys who are experienced in defending cases related to driving under the influence of drugs. Since our cases are argued based mainly on the evidence collected from the site, it is advisable that we be contacted immediately after being charged with drug impaired driving.

Section 253 (1) is the main section under the Criminal Code that deals with driving under the influence including drugged driving. It states that every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not in two specific instances.

Section 253 (1) (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; and Section 253 (1) (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Hamilton

Drugged Driving and the Provision of Samples In Hamilton, Ontario

When a police officer has reasonable suspicion that a person has consumed alcohol or drugs and that he/she has been operating a vehicle for the last three hours, a demand can be made on the person to perform Field Sobriety Tests. These are actually physical coordination tests aimed at determining if a requirement can be made to allow the officer to perform an approved instrument test, take a blood test or a drug evaluation test. A drug evaluation test is one which determines if the accused is impaired by drugs or a combination of alcohol and drugs. If the evaluating officer has reasonable grounds to believe that a person has been driving under the influence of drugs or both alcohol and drugs, a demand can be made for blood or urine samples. Notably, for some reasons best explained under the law, certain fatigue toxins and prescription drugs are also deemed to be drugs.

New legislation enacted in October 2016 tightened fines and penalties for drug driving as well as temporary loss of driver’s licence on the spot if the offender fails to pass the field sobriety tests. Apart from the temporary loss of the licence, the driver has to pay $180 licence reinstatement fee to the province. The government has enforced these penalties with the aim of them acting as a deterrent to those high on drugs and driving.

Penalties for drug driving for repeat offenders are quite severe. After a failed sobriety test, the driver will be sent to a police station where a drug recognition expert will conduct a range of physiological tests including the measurement of blood pressure and body temperature. If the driver fails these tests, the licence will be suspended for 90 days, and the vehicle will be impounded for 7 days.

In short, drugged driving penalties range from –

• 1st offence: three-day licence suspension
• 2nd offence: seven-day licence suspension
• 3rd offence: 30-day licence suspension

If you are flagged for driving under the influence of drugs, get in touch with our experienced DUI Lawyer as soon as possible. Our team of lawyers will study the evidence collected and tests conducted and provide a strong defence on your behalf at trial.

Prescription Drugs and Driving in Hamilton, Ontario

Laws for alcohol impairment during driving and tests conducted are based on empirical evidence. However, establishing the offence for drug impairment is more challenging. This is because the limits for each drug has to be fixed and may include prescription drugs.
Some prescription drugs can result in impaired driving since they may have the same overall result on the body as alcohol �” reducing the brain’s ability to process information and thereby affecting driving skills.

For A String Drug Impaired Driving Defence, Contact Our Hamilton DUI Lawyer Today

For Drug impaired driving offence, contact our DUI Lawyers immediately since we have the experience to defend such cases in the courts of law in Hamilton, Ontario. Our investigators will visit the scene of incidence to get firsthand information of the evidence collected by the prosecution. This helps in preparing a strong defence and cross-examination of witnesses. To get more information about our outstanding defence strategies, call us today.