What is the Difference Between Driving While Drunk and Driving While High?

Canada now allows marijuana for recreational use, which means that police are staying on high alert for people who drive after getting high. It’s important to know the difference between driving while drunk and driving while high, although you should also realize that many of the symptoms are the same. As most Toronto DUI lawyers know, the law sees very little difference between the two. Both impair your driving, and both can cause you to lose your driver’s licence.

Penalties for Driving While High

Can you go to jail for driving while high? The answer is yes, but usually only if you have multiple offences against you. Driving while under the influence of cannabis opens you up to the same penalties as driving while impaired by alcohol. This means that your initial offence results in a fine and a temporary suspension of your driver’s licence. If you get caught multiple times, then you can wind up in jail and could lose your licence for a much longer period of time. Even if you get arrested only one time, you should seek out an impaired driving lawyer to defend against the charges. A first offence can come back to haunt you later if you don’t fight it.

How Do Police Officers Check for Marijuana?

While a police officer can check for alcohol with a simple breathalyzer test, impairment by marijuana has fewer reliable tests. That doesn’t mean that officers don’t have a way to check for cannabis. The drug shows up in urine and blood tests, meaning that police officers do have a way to determine your level of intoxication if they deem it to be too extreme. However, they also have several field tests that they can perform immediately after making a traffic stop. This includes checking for the smell of marijuana, watching the movement of your eyes, and checking the whites of your eyes for the telltale reddish tint that comes with marijuana intoxication.

What to do if You are Accused of Driving While High

If you get pulled over for driving while high, you should make sure to remain cooperative with the police officer who made the stop. At the same time, you don’t need to volunteer any information beyond the questions given to you by police. Remember that anything you say could potentially be incriminating. It is better to be cooperative but curt and to save the more detailed explanations for your lawyer. After you have resolved matters with the police, talk to an impaired driving lawyer if charges are coming. The faster you act, the stronger a chance you have to overturn the charges against you.

Just because marijuana is approved for recreational use doesn’t mean that it is now consequence free. You can still get arrested for using marijuana before or while driving, and repeat offences can still lead to a jail sentence. Know your rights and be prepared to reach out to an impaired driving lawyer in your area if charges are coming.

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