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If you’ve been charged with impaired driving by drug, you are facing a criminal offence under section 320.14(1)(a) of the Criminal Code of Canada. This law applies to anyone whose ability to operate a vehicle is impaired by any drug, including cannabis, prescription medication, over-the-counter products, or illegal substances.

Many people charged with this offence feel caught off guard. They may have taken medication exactly as prescribed. They may have consumed cannabis legally. Some even tell the police what drugs or medications they have taken, assuming it will help clarify things. Unfortunately, police often treat these comments as confessions. You are not required to answer questions about any substances. You have the right to silence, and you should use it until you have spoken to a lawyer.

Once impairment is suspected, police may conduct roadside sobriety tests, administer a Drug Recognition Expert (DRE) evaluation, and request blood or urine samples. These procedures are often flawed. Unlike alcohol testing, they cannot reliably measure current impairment. Cannabis and many medications can remain in the body for days or weeks after the effects have worn off. The mere presence of a drug is not enough to prove impairment at the time of driving. We examine every part of the investigation to find legal and scientific weaknesses in the Crown’s case.

A conviction brings mandatory penalties, including a $1,000 fine, a minimum one-year driving prohibition imposed by the judge, completion of the Back on Track program, ignition interlock installation, and a criminal record. A drug-impaired conviction also results in a lifetime travel ban to the United States, regardless of the substance or sentence. There are no discharges available. To avoid a conviction, the charge must be withdrawn, dismissed, or resolved through a non-criminal Highway Traffic Act offence.

Our firm has deep expertise in this area. Every case is reviewed by a former DRE instructor. Mr. Avery is one of the few Canadian lawyers who is a member of both the American National College for DUI Defense and the DUI Defense Lawyers Association, as well as the Criminal Lawyers’ Association of Canada. These affiliations reflect our commitment to mastering the scientific and legal defences available in drug-impaired cases.

We understand this may be your first time in court. We’ve helped hundreds of first-time offenders through the process, treating each case with discretion, empathy, and professionalism. Whether the charge arises from cannabis, prescription medication, or another substance, we can help.

If you’ve been charged with DUI by drug, book a complimentary case assessment today. The earlier we act, the more options we have to protect your record and your future.

With serious penalties on the line, you owe it to yourself to get proper legal advice and build a strong defence.

Call now 1-877-497-3927

Schedule a FREE assessment

Every successful defence begins with a clear plan. With over two decades of experience, we’ve developed a proven four-step case assessment process that guides you from uncertainty to resolution with confidence and clarity.

OUR LEGAL ASSESSMENT PROCESS

1

COMPLIMENTARY ASSESSMENT

This is a full hour-long consultation, not a sales pitch. We take the time to understand you, not just the charge. We’ll talk through what happened, how you're doing, what the court process will look like, the potential outcomes, defence costs, and your most pressing questions. You’ll leave the call with a clear roadmap and the confidence of knowing what happens next.

2

Intake and Set-Dates

Once you’ve hired us, we take over the administrative burden. We’ll obtain all police disclosure and appear at every set-date court appearance on your behalf, so you don’t have to miss work or worry about procedure. Behind the scenes, we’re already reviewing your file and preparing for the real fight ahead.

3

Analysis and Pre-Trials

Our entire team meets to analyze the disclosure, identify viable defences, and research the legal and factual issues in your case. We consult with you before engaging the Crown, either to set a trial date or negotiate a resolution that protects your future. You’re kept in the loop, but we carry the legal weight for you.

4

Hearing Date

This is where it all comes together—either in trial or in resolution. Mr. Avery will be in court beside you, fully prepared to protect your rights and secure the best possible outcome. Whether we’re arguing for an acquittal or negotiating final terms, your case is in the hands of an experienced advocate who knows how to win.

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