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.


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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.





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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