Are Drug Tests for Drivers Coming Soon? | Accident Lawyer

Driving after drinking alcohol or driving while texting are both dangerous habits. But another cause for problem that’s cause for concern is driving while drug-impaired.

With the possibility of marijuana legalization, it’s important to ensure that drivers remain safe when operating a vehicle.

Driving while under the influence was made illegal in 1925, but enforcing this law has proved to be a moving target.

For alcohol, there are breathalyzers that drivers breathe into to measure their blood alcohol concentration (BAC). There are also set rules that a person’s BAC must remain below 0.08, but there’s no similar standard of measurement for testing drug impairment. Also, there are many different types of drugs out there that can have varying effects on a person’s mind and body.

In 2008, the criminal code granted police officers the right to ask drivers to perform physical coordination tests or Drug Recognition Evaluations, but according to a 2012 study prepared for MADD, these tests are expensive and can be challenged in court.

Currently, a national panel is looking into which devices are available to accurately screen a person’s toxicity levels during a roadside stop, according to the Toronto Star.

One option is the Cannabix Breathalyzer, created in British Columbia, works similarly to a breathalyzer. The device is said to be able to tell within a few minutes if someone has smoked marijuana in the last two or three hours. There’s a prototype available, but the device needs to undergo scientific review, according to Canada.com.

Another device is the DrugWipe 5 S that is able to determine whether a driver has taken cannabis, opiates, cocaine, an amphetamine, a methamphetamine (such as MDMA or ecstasy) and a benzodiazepines through a saliva sample.

Members of the panel are looking into the devices used in Australia and European nations that allow random roadside screening for drug use, but whether this methodology will be allowed remains to be seen. Currently, police aren’t allowed to conduct random screening for alcohol use, breathalyzer tests are only conducted if the driver fails sobriety tests.

But driving while under the influence of drugs is an issue that needs attention with only 1,126 charges related to driving under the influence of drugs laid in 2012, which accounted for less than two per cent of impaired charges that year.

Also, more Ontario youth reported driving after smoking cannabis compared to driving after drinking alcohol, according to the Centre of Addiction and Mental Health’s 2013 Ontario Student Drug Use and Health Survey. One in ten drivers (about 31,500 youth drivers) reported driving an hour after they used cannabis. Many teens have also picked up the habit of texting while behind the wheel.

Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.

Greg Neinstein

Greg Neinstein, B.A. LLB., is the Managing Partner at Neinstein Personal Injury Lawyers LLP. His practice focuses on serious injury and complex insurance claims, including motor vehicle accidents, slip and fall injuries, long-term disability claims and insurance claims. Greg has extensive mediation and trial experience and has a reputation among his colleagues as a skillful negotiator.
Greg Neinstein

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