Drunk Driving vs High Driving
There are couple of charges that qualify as a driving offence, commonly called DUI (driving under the influence). These include Impaired Driving, Over 80, failure or refusal to perform physical sobriety tests or give breath or blood samples. Not only that, but this also includes Impaired Driving charges connected to driving under the influence of alcohol and/or drugs.This is noteworthy because as Canada moves to legalize marijuana, new changes will be implemented to existing DUI laws. Marijuana consumption trends are changing, and with it the way in which people interact with and interpret the law.
Drunk Driving vs High Driving
Drunk driving or driving under the influence of drugs is a crime, but what defines a DUI (Driving under the influence) or DWI (Driving while intoxicated)? The following infographic explains what is considered illegal in both Canada and the USA, and what are the differences.
While major policies are being discussed, Canada can look at how states such as Alaska, Colorado, Washington, Washington DC, and Oregon are implementing their existing laws and regulations on impaired driving. Can Canadian and US driving laws serve as a Canada’s marijuana manual on creating laws for drug-impaired driving? If the information and trends in the above infographic are anything to go by, we can very well see Canada constructing a similar legal framework in the near future.
Measuring alcohol levels and drug usage
In Canada and the US, drivers are first asked to take a breathalyzer test, which can determine level of alcohol in a person’s system. In the US, by passing the breathalyzer test, the driver is also asked to place an absorbent swab in their mouth and chew on it or touch it on their tongue. In some states (Colorado, California etc.) if an officer pulls over a driver suspected of driving under the influence of marijuana, the driver would be asked to take a sobriety test (“horizontal gaze nystagmus test”, “walk and turn test”, “one-leg stand”). The officer orders the driver to provide a blood, breath, or urine test. Also, police officers are using saliva drug test which can detect THC, meth, methadone, cocaine, and several other prescription medications. Meanwhile in Canada, Police are currently testing roadside oral fluid drug screening devices. If suspected, drivers are asked to undergo a Standardized Field Sobriety Test (SFST).
Read full article at OMQlaw.ca