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Toronto lawyers dedicated to helping people charged with impaired driving

I was charged with driving while impaired by cannabis: How can the Crown Attorney prove it in court?

Police can prove that a driver is impaired by cannabis but it is not nearly as easy as it is with alcohol. This is because alcohol intoxication can be easily determined through a breath test whereas cannabis intoxication can not. The police will use general observations, saliva, blood and urine tests to attempt to prove that a driver is impaired by cannabis but these technologies are not nearly as easy to conduct or conclusively definitive as DUI tests.

The effects of marijuana are usually not as obvious as alcohol in most circumstances to third parties (such as the police). Those impaired by marijuana generally do not present themselves in such an obvious manner as those who are drunk. Being high and drunk are quite different things. It is almost impossible for a drunk driver to not be detected by the police if they are pulled over or stopped at a checkpoint along the road. It is far more difficult for the police to spot or determine that someone is impaired by cannabis.

There have been many cases where police accuse and charge someone with driving while impaired by cannabis that are ultimately dropped when their blood test comes back negative.

Unfortunately, these people have already been charged and suffered a huge loss as a result of that despite being innocent. They are usually pulled over on suspicion of DUI because perhaps they were not paying attention to the road, were tired, looking at their phone, eating, or otherwise distracted. The police will normally administer alcohol field sobriety tests and demand a breath sample. When the driver blows 0 sometimes the officer will assume that they are impaired by cannabis.

Cannabis legalization is still fairly new in Canada as of 2021 but police may be more eager to charge people with impairment by marijuana if they prove themselves not to be drunk at the roadside. Since the testing technology is not nearly as conclusive for marijuanna impairment and it is not nearly as obvious when a person is high (via cannabis) compared to being drunk, anyone who is charged with a marijuana driving related offence should consult a lawyer immediately.

The accused may be asked to provide blood or urine samples and it is essential that their legal rights are upheld throughout the investigation process.

Call us today.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges protect you and your future from the stigma and consequences of a criminal record.

    call us: 647-228-5969


  call us: 647-228-5969


Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel

* Please note:

If you are not a paying client, we cannot answer questions and provide assistance with U.S. travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to Ontario, Canada area cases. Please see our FAQ for a listing of the courthouses we service.

Are you a lawyer? If you are defending an impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.


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  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial