Can I Get a DUI in Alberta Without Drinking Alcohol - Kolinsky Law

 

Can I Get a DUI in Alberta Without Drinking Alcohol

For decades, people have associated driving under the influence (DUI) or impaired driving with drinking alcohol. As a socially acceptable intoxicant legal for adult use, alcohol has historically accounted for most DUI cases. However, DUI laws nationally and in Alberta focus on driving impairment instead of a single source of intoxication. 

Therefore, the criminal justice system can charge you with a DUI even when you did not drink alcohol as long as evidence suggests consumption of an intoxicant. Due to the serious effect a DUI conviction can have on your future, you should seek advice from an Edmonton DUI lawyer instead of assuming that things will work out in your favour because you were not drinking alcohol. 

Cannabis Legalization and Impaired Driving 

Canadian society has chosen to recognize that adults can use cannabis, also known as marijuana, for recreational purposes without criminal sanction. Although this represents progress for personal freedom in the country, cannabis use does produce intoxicating effects that can impact mental and motor skills necessary for operating a vehicle. 

As a result, Canada updated impaired driving laws to specifically address cannabis use. Since the substance was now legal for adult use, the chances that more people would use it and drive called for changes to the criminal code. Since Dec. 18, 2018, impaired driving laws and penalties directly mention cannabis use among drivers. 

What is the safe driving limit for cannabis use? 

Just as there is legal limit for alcohol consumption that tips you over into illegal territory, the law has established parameters for measuring cannabis use. After an arrest for suspected impaired driving in Alberta, law enforcement will require you to submit to a blood draw to examine your system for the presence of tetrahydrocannabinol (THC), the primary psychoactive element within cannabis that produces the high. If between 2 and 5 nanograms of THC are detected per millilitre of blood, then you will be charged with DUI. A blood test that shows a THC concentration above 5ng per millilitre of blood intensifies the penalties for DUI.

Keep in mind that anything less than 2ng per millilitre of blood is not necessarily safe. Cannabis affects people in different ways. A casual user may be significantly intoxicated by a small amount. Additionally, cannabis products come in different potencies, and they may be smoked or eaten. Knowing what dose of THC that you are consuming is extremely difficult, and you should not think that using a little bit means that you are under the legal limit for operating a vehicle. 

How long should I wait after using cannabis to drive? 

The human body processes cannabis and its psychoactive components differently than alcohol. Some people’s heads might clear relatively quickly whereas other people might feel high for many hours. Personal tolerance and potency of the cannabis consumed all influence how long impairment may last. 

Because many people want to comply with the law and drive safely, experts have offered the advice that the passing of a minimum of four hours should suffice to sober you up after using cannabis. This guidance only applies to you if cannabis was the only intoxicant that you consumed. Mixing marijuana with alcohol or other drugs prolongs intoxication. 

Impaired Driving Laws and Other Drugs 

Although the 2018 update of DUI laws was a response to cannabis legalization, other street drugs remain illegal in Alberta and across the country. You will be facing a DUI charge, if a blood test detects illegal drugs, including: 

●     Methamphetamine

●     Heroine or other narcotics

●     LSD

●     Ecstasy

●     Ketamine

●     Cocaine  

These illegal intoxicating substances produce a broad range of effects that impair driving. Reduced decision-making skills, altered visual perception, or slower motor responses caused by illegal drugs make people dangerous behind the wheel of any vehicle. 

Will I get a DUI for using prescriptions drugs? 

Linking impaired driving laws to illegal drugs makes sense to most people, but people can get in trouble for driving after taking legally prescribed drugs. Many prescription drugs come with side effects that impact motor skills, attention, and reaction time. 

Just like alcohol or cannabis, the legality of the source of intoxication does not insulate you from the illegality of impaired driving. However, sometimes people get caught off guard by the effects of a prescription drug. This may create opportunities for an Edmonton criminal defence lawyer to persuade the court to act leniently. Perhaps your physician never warned you about driving problems. Maybe you had previously taken the medication without ill effects, but a change in dosage unexpectedly threw you for a loop. The representation of an Edmonton DUI defence lawyer can help you explain special circumstances to an Alberta court. 

DUI Penalities in Alberta 

Regardless of the source of impairment, Alberta DUI penalties are the same. A DUI conviction for your first offence within a 10-year time span results in a 90-day suspension of your driver’s licence. To regain driving privileges, you must then outfit your vehicle with an Ignition Interlock system at your own expense for at least one year. 

At the beginning of your ordeal, you can also expect your vehicle to be seized for 30 days. The court will also require you to attend an educational course about how to plan ahead and only drive sober. A DUI conviction on this first offence also comes with a $1,000 fine.

Should you be arrested for DUI a second time within 10 years, then penalties increase. On top of the first-offence penalties, your licence will be suspended for three years. Paying for an Ignition Interlock system could allow you to regain driving privileges sooner. The fine also doubles to $2,000. 

A third DUI conviction introduces a mandatory 120-day prison sentence at a minimum. A case that a judge finds particularly disturbing could inspire a prison term up to 10 years. A case in which the impaired driver caused bodily harm calls for a two to 14-year prison sentence. 

How can police test a driver for cannabis? 

During a traffic stop, a police officer will observe you for signs of intoxication on top of whatever traffic violation provoked the stop in the first place. The officer can demand that you perform a field sobriety test or submit a sample of oral fluid. Although the results of these tests cannot be used as evidence in court, their results can provide legal cause to arrest you. Once arrested, police have two hours to collect your blood and record the results as official evidence of DUI.

Talk to a Criminal Defence Lawyer Right Away 

DUI is a serious criminal offence. Criminal conviction impacts employment and travel opportunities. A court may not hesitate to impose harsh penalties even if you were not drinking alcohol. A DUI lawyer in Edmonton at Kolinsky Law can determine your best defence strategy and make every effort to protect you from overzealous prosecution. We are dedicated to getting the best results possible for you. Contact our office today.