Driving Offences

DRUNK and HIGH DRIVING

In the fall of 2018 and winter of 2019 there were major changes made to the law of driving offences.  These changes came largely in response to the legalization of Cannabis Marijuana.  The Federal and Provincial governments believed that legalization would lead to an increase in impaired drivers causing havoc on highways and endangering the lives of the Canadian public.  As a result, these laws were enacted with an explicit emphasis on “general and specific deterrence.”

The message this new law sends is clear; if you drive after consuming alcohol and/or cannabis marijuana we will catch you and we will punish you, and it will hurt…..so don’t do it!

The highlights of these new laws include:

• Strict legal maximum alcohol and THC blood-levels (ZERO in some cases)

• Greatly expanded powers of police to investigate, detain, and search drivers

• Roadside breathalizers as well as “pot-alizer’s” for instant testing for alcohol and THC

• Expanded ability of police to obtain bodily fluid samples, (even blood) without a warrant

• Roadside suspensions, vehicle seizures, and hefty administrative fines that all apply upon being charged, even before being found guilty

• Increased penalties including fines, mandatory suspensions that can amount to lifetime driving bans, and lengthy jail sentences

Read on for more information on the new Federal Criminal Code Offences and the new Provincial Offences regimes as well as how they apply together in combination to motorists.