Practice Area
Impaired by Drug Defence
Drug-impaired driving cases turn on DRE evaluations and toxicology — technical evidence that can be tested and challenged.
Overview
Understanding the charge.
Drug-impaired driving is prosecuted under section 320.14 of the Criminal Code and covers impairment by cannabis, prescription medication, illicit drugs, or a combination with alcohol. The Crown may rely on a Drug Recognition Evaluator (DRE) assessment, oral fluid screening, and blood toxicology results.
DRE evidence is a 12-step protocol that must be followed precisely. When steps are missed, skipped, or documented poorly, the reliability of the entire evaluation is called into question.
Penalties & Consequences
What's at stake if you're convicted.
- Same penalty framework as alcohol-based DUI offences
- Mandatory driving prohibitions and Ministry reinstatement steps
- Criminal record with immigration, travel, and employment consequences
- Elevated per-se cannabis limits (2ng and 5ng THC) trigger separate offences
- Serious insurance implications for years after the charge
Defences
Where these cases are most often won.
- Improper administration of the DRE 12-step protocol
- Failure to meet the timing requirements for oral fluid or blood samples
- Alternative explanations for observed indicators (medical, dietary, fatigue)
- Toxicology chain-of-custody and instrument reliability challenges
- Charter breaches during the detention, arrest, and sample collection
The Process
How we defend your file.
Detailed intake
We collect any prescription information, medical history, and details of the roadside interaction relevant to your defence.
Expert review
Former officers and DRE-familiar experts audit the evaluation, the timing, and the toxicology evidence.
Defence strategy
We build a case aimed at withdrawal, exclusion of evidence, or acquittal at trial.
Included in every retainer
A DUI-focused lawyer — plus former officers and experts.
Every impaired by drug defence file we accept is reviewed by our team of former police officers and DUI experts, at no additional cost. This second layer of investigative analysis is included in every flat-fee retainer.
- Case review by former police officers
- Expert analysis of testing and procedures
- Full Charter and evidence review
- Direct lawyer contact — not a case manager
- Flat-fee, no-surprises pricing
Related Practice Areas
Other impaired driving charges we defend.
Over 80
Defence for charges of operating a vehicle with a blood alcohol concentration over the legal limit.
Learn moreImpaired Driving
Defence for allegations that your ability to operate a vehicle was impaired by alcohol.
Learn moreRefusal to Provide a Sample
Defence for charges of refusing or failing to comply with a lawful demand for a breath sample.
Learn moreRecognized By
Trusted memberships & professional affiliations
- Law Society of Ontario
- Court of Appeal of Ontario
- Criminal Lawyers Association
- Canadian Bar Association
- Brampton Board of Trade
- Halton Hills Chamber of Commerce
- Caledon Chamber of Commerce
- Mississauga Board of Trade
- Justia
Free & Confidential Consultation
Charged with a DUI? Every hour matters.
Speak directly with our team. We'll review the details of your charge, explain your options, and outline the defence strategy — with no obligation.