How Impaired Driving Incidents Are Investigated

Most of the deaths and injuries in Canada were caused by impaired driving. In 2017, more than 69,000 impaired driving incidents and almost 3,500 drug-impaired driving incidents were reported by the police. Impaired driving poses a significant threat to society. This is the reason why additional laws and regulations were applied by provinces and territories.

The Criminal Code of Canada prohibits driving while impaired by alcohol or drugs or both. Penalties for impaired driving range from a mandatory minimum fine to life imprisonment depending on the severity of the offense. In addition to the offense of impaired driving, a person may be charged for a separate offense of having specified levels of alcohol, cannabis and other related drugs that may be found in the blood within 2 hours of driving.

How do the police investigate impaired driving?

Any lawfully-stopped individual may be required by the police to provide a preliminary breath sample to test for alcohol without any reasonable suspicion that the individual has alcohol in his body. If the police suspect that the individual has a reasonable level of drugs in his body, oral drug fluid screeners may be used to detect the presence of drugs in the oral fluid. Oral fluid screeners are fast, non-invasive and accurate.

When an individual has red eyes, muscle tremors and shows signs of agitation and abnormal speech patterns, the police may reasonably suspect that he has drugs inside the body. If the individual tests positive on the oral fluid screener, it will confirm the presence of drugs. The confirmation and the signs of impairment or drugs will provide the police with enough grounds to proceed further with the investigation. The police can request for a blood sample and demand the individual to submit to a Standard Field Sobriety Test or a Drug Recognition Expert Evaluation.

If you have been charged with impaired driving, your best option is to call MyDefence for legal assistance. A lawyer will be able to provide the necessary legal advice and ensure that the outcome of the case goes into favour as much as possible by building a strong case for the defence.

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