Criminal lawyer for driving under the influence of drugs
Do you need a lawyer for driving under the influence of drugs?
Charged with driving under the influence of drugs?
Just like alcohol-impaired driving, a charge of driving with impaired abilities caused by any drug is not an offence to be taken lightly. However, you can always rely on the expertise and judgment of the criminal defense lawyers at Riendeau Avocats to defend your case.
Our mission is to do everything in our power to obtain a verdict of acquittal or to avoid a criminal record. At Riendeau Avocats, your interests always come first.
How Can We Help You?
Request a Free Legal Consultation with One of Our Qualified Criminal Lawyers.
Driving Under the Influence of Drugs
Driving after consuming drugs is prohibited, regardless of the amount of the drug present in the body.
With respect to cannabis, since its legalization it is illegal to drive with a certain level of tetrahydrocannabinol (THC) in the body. The penalties vary depending on the level detected in the blood.
For a THC level equal to or greater than 5 nanograms (ng) per milliliter of blood, the minimum penalty is $1,000 for a first offence, a minimum jail sentence of 30 days for a second offence, and a minimum jail sentence of 120 days for each subsequent offence.
For a THC level equal to or greater than 2 ng per milliliter of blood but less than 5 ng per milliliter of blood, the penalty is a maximum fine of $1,000, with no imprisonment.
As for other drugs, it is important to know that the mere presence of the substance in your body could lead to the same consequences. For example, in the case of cocaine, if the results of the investigation confirm that the substance was detected in your body, a conviction could follow.
A charge of driving under the influence of drugs can have
serious consequences.
The Arrest
Before proceeding with your arrest, the police cannot be satisfied with merely having suspicions that you have drugs in your system. They must have reasonable grounds to believe that you drove while your abilities were impaired by the effects of a drug. This is a higher threshold to meet. However, nothing prevents the police from conducting certain tests that would allow them to establish these grounds and legally arrest you.
How Is Drug Use Detected in the Body?
Field Sobriety Tests
Police officers begin with standard roadside sobriety tests, such as coordination exercises, to assess the driver’s gait, balance, and eye movements.
Blood Test for Confirmation
Only a blood test is effective in determining the presence of drugs. Although intrusive, it provides reliable results and serves as the standard reference in case of a dispute.
What Can We Do for You?
Our team supports you at every step with tailored solutions and continuous assistance, whether it’s for legal advice, technical support, or defending your rights.
Driving with Serious Consequences
Even if you have not yet been found guilty, you will face certain immediate consequences following your arrest. Your license will be suspended on the spot by the police for a period of up to 90 days. You will also be required to undergo an assessment by the Société de l’assurance automobile du Québec (SAAQ) to determine whether you are considered a high-risk driver on Quebec roads.
If you are found guilty of this offence, the consequences are severe: a criminal record, a driving prohibition, and a fine. It is important to note that this offence is also punishable by imprisonment in the case of a repeat offence. The penalties can be even more severe if you have caused property damage, injured someone, or caused a death.
The SAAQ may also impose a driving prohibition that runs concurrently with the one imposed by a judge. Due to the seriousness of the circumstances surrounding the offence, your license could be suspended for an even longer period.
Your criminal history, the police interception, the arrest, and the specific circumstances of the incident are all factors taken into account when determining the sentence.
Young Drivers: Being Charged as a Minor
Even if you are a minor and have no prior criminal record, you could still be found guilty of this offence and face the same consequences, including the creation of a criminal record. This is why it is important to work with an experienced lawyer.
Valérie Riendeau: 20 Years of Expertise in Defending Cases of Driving Under the Influence of Drugs
A member of the Bar for over 20 years, Lawyer Valérie Riendeau is a leading figure for anyone facing a charge of driving under the influence of drugs.
Over two decades of practice, she has developed deep and specialized expertise in drugged driving cases. This specialization has allowed her to secure numerous acquittals for her clients, even in situations that initially seemed hopeless. She is well-versed in the technical nuances, procedural pitfalls, and defense strategies necessary to protect both your driver’s license and your criminal record.
Beyond her courtroom performance, what sets Lawyer Riendeau apart is her human approach. Known for her exceptional listening skills, she understands that behind every case is a person going through a difficult time. Her top priority is client satisfaction and achieving favorable outcomes in complex cases.
With Lawyer Riendeau, you are not just a case number; you will be listened to, understood, and vigorously defended.
Driving after just one joint?
It is important to understand that you can still be found guilty of a criminal offence, even if the THC level in your body does not exceed the legal limit. This is known as “driving with impaired abilities.”
Cannabis consumption produces various effects on the body: your reaction time and alertness decrease, your distance perception is altered, and your coordination is impaired. All of these effects can obviously affect your driving.
Moreover, even a very low THC level can further impair your driving if combined with fatigue, stress, alcohol, or other medications.
Being intoxicated in a parked vehicle
You could also be found guilty of a criminal offence if you have care and control of your vehicle while your abilities are impaired by a drug. For example, you could be charged with “care and control” even if you simply intended to sleep in your vehicle after consuming a drug.
Refusal to comply with a police officer’s order
Refusing to comply with an order given by the police is considered a serious offence. Indeed, if you refuse, you will be subject to the same minimum fines and prison sentences as if you had been found guilty of driving under the influence of drugs. In addition, your driving prohibition period could be longer.
Why choose Riendeau Avocats for your defense in driving under the influence of drugs cases?
You’re not automatically guilty
Being arrested for driving under the influence of drugs does not automatically mean you will be found guilty. It is crucial to consult an experienced lawyer to evaluate your chances of a successful defense.
Proven expertise
At Riendeau Avocats, we handle an impressive volume of such cases every year. If a defense is possible, we’ll find it for you.
Defending your rights
If your rights have not been respected during the police intervention or your arrest, we will defend them rigorously. Don’t hesitate to contact us!
A charge of driving under the influence of drugs can have serious consequences.
Contact us for fast, personalized answers to your questions.
Penalties for driving under the influence of drugs
Type of charge
The penalties vary depending on the type of charge: driving with impaired abilities, THC blood levels, or refusal to comply with a police order.
Minimum penalties
The penalties outlined in the Criminal Code differ from those imposed by the S.A.A.Q., so it is important to be aware of both.
Expert advice
To fully understand all the consequences and protect your rights, contact our experienced lawyers in driving under the influence of drugs cases.
Your questions about driving under the influence of drugs, clarified
Facing a charge of driving under the influence of drugs can raise many questions. Our FAQ helps you understand the possible penalties, your rights, and the steps to take, so you can act quickly and confidently with the guidance of our specialized lawyers.
Unlike alcohol, there isn’t always a simple “breath test”. Police officers generally use a three-step procedure:
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Observation: The police officer notes physical signs (red eyes, speech, smell, behavior).
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Coordination tests (ECM): At the roadside, you may be asked to walk in a straight line, stand on one foot or follow an object with your eyes.
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Drug Recognition Expert (DRE): If the police officer has reasonable grounds, you will be taken to the station to undergo a battery of more extensive tests performed by a certified expert, including pulse, blood pressure and pupil examination.
Yes, since changes in federal legislation, police officers have had access to salivary detection devices (such as the Dräger DrugTest) to detect the presence of THC (cannabis) or cocaine. A positive result (“fail”) provides the grounds for arrest and the demand for a blood sample.
Non. Refusing to submit to a valid police order (coordination test, saliva test or expert evaluation) is a criminal offence. The consequences of refusal are often as severe, if not more severe, than those of a conviction for drug-driving.
Having a prescription does not give you the right to drive if your ability is impaired. The law makes no distinction between recreational and medical cannabis when it comes to driving ability. If the substance impairs your judgment or reflexes, you are liable to prosecution, regardless of the prescription.
There is no universal answer, as metabolism varies from person to person and according to the mode of consumption (smoked, vaped, ingested). THC can remain detectable in the blood long after the effects have worn off. Caution is advised: if you’ve taken the drug, don’t drive.
Yes, the offence concerns “any drug” that impairs driving ability. Many drugs (benzodiazepines, opiates, sleeping pills) can cause drowsiness or slow reflexes. Always check the warnings on your medication, and consult your pharmacist.
Even before you go to trial, Quebec’s Highway Safety Code provides for administrative penalties if you fail the tests or if an expert determines that you are impaired:
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Driver’s license suspended for 90 days.
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Seizure of vehicle for 30 days (in certain cases).
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Towing and impound fees at your expense.
If you are convicted under the Criminal Code, minimum sentences for a first offence generally include :
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A criminal record.
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A minimum fine of $1,000.
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A federal driving prohibition of at least 1 year.
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Strict conditions imposed by the SAAQ to get back a license (risk assessment, courses).
Yes, drug-impaired driving is a criminal offence. A criminal record can have a major impact on your employment, insurance and ability to travel (especially in the U.S.). That’s why it’s crucial to defend your rights.
Yes, there are defenses. The Crown must prove beyond a reasonable doubt that your capacity was impaired by a drug. A lawyer can challenge :
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The validity of the reasons for interception.
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The procedure followed for coordination or saliva tests.
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The reliability of the DRE’s assessment.
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Respect for your constitutional rights (Charter).
Pleading guilty automatically results in a criminal record and loss of license. A lawyer can analyze the evidence (disclosure) for technical or legal flaws. Sometimes, this can lead to an acquittal, withdrawal of charges, or negotiation of a lesser sentence (in very specific circumstances).
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Phone: 438-391-8367
Courriel : info@riendeauavocats.ca
