Marijuana & DUI Driving Offences: What You Need to Know

With the passing of the Cannabis Act in Canada and legalization of marijuana, criminal impaired driving laws were updated to reflect the fact that citizens may be driving while impaired by recreational marijuana use. While impaired driving by drugs, marijuana or otherwise, was always criminal, modifications were made to the existing laws to explicitly recognize the new legal status of cannabis.

To help increase awareness about the changes in impaired driving laws, RGZ Law encourages you to review the following frequently asked questions.

Q. How is someone screened for impairment from cannabis?

A. On a stop, officers may form grounds of impairment by cannabis by the smell of cannabis coming from the vehicle in addition to any visual signs of open cannabis in the vehicle. A police officer can conduct a Standard Field Sobriety Test or a Drug Recognition Expert Evaluation to screen for signs of impairment.

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What Do I Need to Know About DUI (Impaired Driving) Charges?

The drinking and driving provisions of the Criminal Code were created to protect Canada’s roads and its drivers. Those provisions establish the acceptable blood alcohol content (BAC) levels for Canadian drivers. BAC is the measurement used to determine the quantity of alcohol in your bloodstream. It is expressed in milligrams per 100 milliliters of blood. Currently, the federal legal BAC is 0.08 and driving or being in care and control of a motor vehicle while exceeding this level is a criminal offence.

Essentially all of them mean the same: you were operating a motor vehicle or had a motor vehicle in your care and control while either a) your ability was impaired by alcohol or b) you had a BAC greater than 0.08 at the time the police requested a breathalyzer test.

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