DUI Defence Services -

If you have been charged with impaired driving by drug (prescription medication), it probably came as a complete shock. Maybe you were on your way home from work, picking up groceries, or heading to the pharmacy. You weren’t partying or taking illegal drugs. You were following your doctor’s instructions. And now you’re facing a criminal offence under section 320.14 of the Criminal Code.

We understand how confusing and upsetting this is. These cases often involve people who were acting responsibly, who have never been in trouble with the law, and who feel blindsided. You are not alone. This is one of the fastest growing types of DUI charges in Ontario. Our clients include professionals, retirees, caregivers, and people with chronic conditions. These are not criminal-minded individuals. These are people who were simply trying to manage their health.

While it is not illegal to take prescription drugs, what is illegal is driving while your ability to operate a vehicle is impaired by them. Common medications involved in these charges include anxiety drugs like Ativan and Xanax, painkillers like hydromorphone and oxycodone, sleeping pills like Zopiclone, and ADHD medications. If alcohol is also present, even at levels below the legal limit, the combination may be enough for police to lay a charge.

Many people worsen their legal situation without realizing it. They tell the officer, “I’m on a prescription,” thinking it provides an explanation or justification. But police rarely view this as a mitigating factor. Instead, they often treat it as an admission of impairment. Officers may appear conversational or kind during the stop, but they are gathering evidence. Your own words can become the centrepiece of the Crown’s case.

If the officer suspects impairment by drug, they may call a Drug Recognition Evaluator (DRE) to conduct a 12-step evaluation. This includes physical coordination tests, eye examinations, blood pressure readings, and divided attention tasks. These evaluations are highly subjective. They are often unreliable when performed on people with pre-existing health conditions, anxiety, or medication side effects. The police may also request a urine or blood sample. These tests detect medication long after any impairment has worn off. Simply having a drug in your system does not mean you were impaired at the time of driving.

We defend these cases with technical skill and strategic focus. Every impaired by drug charge at our firm is reviewed by a former DRE trainer who examines the testing process for procedural errors and bias. Mr. Avery is one of the only Canadian lawyers who is a member of the American National College for DUI Defense, the DUI Defense Lawyers Association, and the Canadian Criminal Lawyers’ Association. We know the science, we know the law, and we know how to challenge weak or misleading evidence.

The penalties for impaired by drug (prescription medication) charges are serious. A first conviction includes a mandatory minimum $1,000 fine and a one-year driving prohibition ordered by the judge. You will also be required to complete Ontario’s Back on Track program, install an ignition interlock device, and live with a criminal record. Most troubling, you will face a lifetime ban from entering the United States because the offence involves a drug, even if prescribed. That said, many of our clients avoid conviction entirely through acquittals or pleas to non-criminal Highway Traffic Act matters, depending on the strength of the case.

You deserve a legal defence that combines real experience with compassion. We will never judge you for taking your prescribed medication. And we will do everything possible to ensure that one traffic stop does not define the rest of your life. Call us for a free case assessment and let’s start preparing your defence.