Drug Recognition Evaluations (DREs)

How Calgary Law Enforcement Detects Drug-Impaired Drivers

1. Field Sobriety Tests (SFSTs)

Calgary police officers use Standardized Field Sobriety Tests (SFSTs) to assess a driver’s physical and cognitive abilities during a roadside stop. These tests include:

• Horizontal Gaze Nystagmus (HGN) Test – Officers observe eye movements to detect involuntary jerking, which can indicate impairment.
• Walk-and-Turn Test – The driver must walk in a straight line, heel-to-toe, and turn around to assess balance and coordination.
• One-Leg Stand Test – The driver must stand on one leg for a set period to evaluate motor skills and attention span.

2. Drug Recognition Evaluations (DREs)

If an officer suspects drug impairment, they may call in a Drug Recognition Expert (DRE). These officers are specially trained to assess drivers using a 12-step evaluation process that includes:

• Observing Vital Signs – Blood pressure, pulse, and body temperature can reveal the presence of certain drugs.
• Interviewing the Driver – Officers ask questions to determine recent drug use and medical conditions.
• Eye Examinations – Pupil size and reaction to light can indicate the influence of stimulants, depressants, or hallucinogens.
• Psychophysical Tests – These tests assess coordination, attention, and divided attention skills, which are often impaired by drug use.

DRE assessments are admissible in court and provide strong evidence for drug-impaired driving charges.

3. Oral Fluid Screening Devices

To enhance roadside testing efficiency, Calgary police officers use oral fluid screening devices to detect recent cannabis and drug use.  

• If the test result is positive, officers have reasonable grounds to demand further testing.
• If the test result is negative, the driver may be allowed to proceed unless other signs of impairment are evident.

The federal threshold for THC impairment is 2 to 5 nanograms per millilitre (ng/mL) of blood for a summary offence and 5 ng/mL or more for a criminal offence. However, combining THC with alcohol has a lower threshold and carries severe penalties.

4. Blood Tests and Warrants

When a driver fails an oral fluid test or a DRE assessment, police may seek a warrant for a blood test. Blood testing is the most accurate method to determine drug concentration levels and is often used as evidence in court.

• A qualified medical professional collects the blood sample.
• The sample is sent to a forensic lab for analysis.
• If drug levels exceed the legal limits, criminal charges may be laid.

Drivers should be aware that refusing a lawful demand for a blood test can result in automatic licence suspension and additional legal penalties under the Alberta Immediate Roadside Sanctions (IRS) program.

Penalties for Drug-Impaired Driving in Calgary

Fines and Criminal Charges

The penalties for drug-impaired driving in Calgary vary depending on whether it is a first-time or repeat offence. The Criminal Code of Canada and Alberta’s Immediate Roadside Sanctions (IRS) program outline escalating consequences:

• First Offence:
  • Minimum $1,000 fine
  • 12-month licence suspension
  • Possible jail time (up to 10 years for serious cases)
• Second Offence:
  • Mandatory 30-day imprisonment
  • Minimum 24-month licence suspension
• Third and Subsequent Offences:
  • Mandatory 120-day imprisonment
  • Minimum 36-month licence suspension

Licence Suspensions

Drivers caught under the influence of drugs face immediate licence suspensions under Alberta’s Immediate Roadside Sanctions (IRS) program:

• First-time offence: 90-day suspension followed by 12-month participation in Alberta’s Interlock program (breathalyzer device in the vehicle).
• Second offence: Immediate 15-month licence suspension (longer if convicted in court).
• Third and subsequent offences: Minimum 36-month suspension, depending on severity.

Refusing a drug test (saliva or blood) results in automatic suspension and criminal charges similar to those for an impaired driving conviction.

Vehicle Seizures

Alberta law allows for the immediate impoundment of a driver’s vehicle if they are caught driving under the influence of drugs. The duration depends on the severity of the offence:

• First offence: 30-day vehicle seizure
• Second offence: 60-day vehicle seizure
• Third offence: Up to 120-day vehicle seizure

Drivers are responsible for all towing and impound fees, which can add up to thousands of dollars. Repeat offenders may also have their vehicle permanently seized in extreme cases.

Mandatory Education and Treatment Programs

Convicted drug-impaired drivers must complete Alberta’s mandatory impaired driving education and treatment programs before regaining full driving privileges. These include:

1. Planning Ahead Course – Aimed at first-time offenders, this program educates drivers on the dangers of impaired driving.
2. IMPACT Program – A more in-depth intervention for repeat offenders, focusing on long-term behavioural changes.
3. Ignition Interlock Program – A mandatory 12-month program where the driver must install an alcohol interlock device in their vehicle before being allowed back on the road.
4. Substance Abuse Assessment and Treatment – In cases where addiction is a factor, the court may order participation in rehabilitation programs before a driver can legally operate a vehicle again.

Failing to complete these programs results in extended licence suspensions and driving restrictions.

Impact on Criminal Record and Employment

A drug-impaired driving conviction can have long-lasting consequences beyond legal penalties.

• Criminal Record: Convictions for impaired driving remain on a person’s criminal record indefinitely unless a record suspension (pardon) is granted.
• Employment Issues: Many employers, particularly in transportation, healthcare, and government sectors, require clean driving records. A conviction can limit job opportunities or result in job loss.
• Travel Restrictions: A criminal record can prevent travel to the U.S. and other countries. Many nations refuse entry to individuals with DUI-related convictions.
• Insurance Consequences: Car insurance rates increase dramatically, and some providers may even refuse coverage for high-risk drivers.

The Role of a Calgary Criminal Defence Lawyer in Drug-Impaired Driving Cases

How a Lawyer Can Challenge Evidence from Roadside and Blood Tests

Law enforcement in Calgary relies on various methods to detect drug impairment, including Field Sobriety Tests (SFSTs), Drug Recognition Evaluations (DREs), Oral Fluid Screening, and Blood Tests. However, these tests are not always accurate or conducted properly, and a skilled defence lawyer can challenge them in court.

Here’s how a lawyer may dispute the evidence:

• Challenging the Validity of Field Sobriety Tests (SFSTs):
  • These tests are subjective, meaning that an officer’s interpretation may be flawed.
  • Medical conditions, fatigue, anxiety, or even weather conditions can affect test performance.
• Disputing the Drug Recognition Expert (DRE) Assessment:
  • The 12-step DRE evaluation relies on observations that may be inconsistent or influenced by officer bias.
  • If the officer lacks proper DRE certification, the test results may be inadmissible.
• Questioning the Accuracy of Oral Fluid and Blood Tests:
  • Oral fluid screening devices for THC have been challenged for their reliability and false-positive rates.
  • THC and other drugs can remain in the bloodstream long after impairment has worn off, leading to unfair charges.
  • If there were errors in sample collection, storage, or analysis, the test results may be invalid.
• Violation of Charter Rights:
  • If the police did not have reasonable grounds to demand a roadside test, the evidence may be excluded.
  • Unlawful search and seizure, failure to inform the accused of their rights, or delays in testing may also lead to a case dismissal.

Legal Defences Against Drug-Impaired Driving Charges

A Calgary criminal defence lawyer will examine the details of the case and build a strong defence. Some common legal arguments include:

1. Lack of Impairment – Simply having drugs in your system does not mean you were impaired while driving.
2. Improper Police Procedure – If the police did not follow proper testing protocols, the evidence may be thrown out.
3. Inaccurate Testing – Blood tests and oral fluid screenings can produce false positives due to external factors.
4. Violation of Charter Rights – If your rights were violated during the arrest, the case could be dismissed.
5. Necessity or Medical Defence – Some drivers may have consumed prescription medication legally and were not impaired at the time of driving.

Each case is unique, and a lawyer will tailor the defence strategy based on the circumstances, evidence, and potential weaknesses in the prosecution’s case.

The Importance of Early Legal Intervention to Minimize Consequences

The earlier you seek legal representation, the better your chances of reducing or avoiding penalties. An experienced Calgary DUI lawyer can:

• Negotiate with the Crown to reduce or withdraw charges.
• Advise on plea bargains that can minimize fines, licence suspensions, or jail time.
• Prevent the long-term consequences of a criminal record, which can affect employment, travel, and insurance.
• Ensure Charter rights were upheld, challenging any illegal searches, detentions, or improper evidence collection.

Preventing Drug-Impaired Driving in Calgary

Responsible Consumption and Alternative Transportation Options

The most effective way to prevent drug-impaired driving is to make responsible choices before getting behind the wheel. Whether using cannabis, prescription medication, or other substances, drivers should be aware of the risks and legal consequences of impairment.

Tips for Responsible Consumption:

• Know how long drugs stay in your system: THC can impair cognitive functions long after the high fades, and some prescription medications can cause drowsiness or delayed reactions.
• Read prescription labels: Many legal medications include warnings about driving restrictions. Consult with your doctor or pharmacist if unsure.
• Avoid combining substances: Alcohol and cannabis together significantly increase impairment, even if consumed in small amounts.
• Plan ahead: If you anticipate consuming drugs or alcohol, arrange safe transportation options beforehand.

Alternative Transportation in Calgary:

If you are under the influence, you have several transportation options available:

• Taxis and Ride-Sharing Services: Uber and Lyft operate throughout Calgary, providing a convenient and safe way to get home.
• Calgary Transit: The C-Train and bus system run late into the night, making public transit a viable alternative.
• Designated Driver Services: Some services, such as Keys Please, will drive you home in your own vehicle if needed.
• Sober Driving Programs: Organizations like Operation Red Nose offer free designated driver services during the holiday season.

By planning ahead and using alternative transportation, Calgary residents can avoid impaired driving charges and keep the community safe.

The Role of Public Awareness Campaigns in Reducing Drug-Impaired Driving

Key Awareness Campaigns in Calgary and Alberta:

• #KnowYourLimits (Government of Alberta): Educates drivers on THC impairment, the legal limits for cannabis, and the consequences of driving under the influence.
• MADD Canada (Mothers Against Drunk Driving): Runs awareness campaigns, victim support programs, and advocacy efforts to prevent impaired driving.
• Alberta Zero Tolerance Campaign: Targets new drivers (GDL holders) and warns about the zero-tolerance policy for cannabis and other drugs.
• Drive Sober Campaign (Calgary Police Service): Raises awareness through social media, roadside checks, and local partnerships to encourage safe driving decisions.

Public messaging through advertisements, social media, and community events helps reinforce the dangers and consequences of drug-impaired driving, leading to a cultural shift toward responsible behaviour.

Resources for Calgary Drivers

For those seeking support, education, or legal assistance, Calgary offers several resources to help prevent and address drug-impaired driving issues.

1. Alberta’s Ignition Interlock Program

The Ignition Interlock Program is a mandatory requirement for drivers convicted of impaired driving in Alberta. Participants must install a breathalyzer device in their vehicle, which prevents the car from starting if alcohol is detected. While this program primarily applies to alcohol-related offences, some drug-impaired driving cases may require participation as part of a licence reinstatement process.

Eligibility & Process:

• Available for individuals who have completed their suspension period.
• The device must be installed at an approved service provider.
• Participants must cover all costs associated with installation and maintenance.
• The program duration varies based on the severity of the offence.

For more details, visit the Government of Alberta’s Transportation Services website.

2. Legal Aid and Defence Services

If you are facing drug-impaired driving charges in Calgary, legal representation is crucial. Some individuals may qualify for free or low-cost legal services through Legal Aid Alberta or pro bono defence lawyers.

• Legal Aid Alberta: Offers financial assistance for eligible individuals who cannot afford legal representation.
• Calgary Criminal Defence Lawyers: Many lawyers specialize in defending impaired driving charges and may offer free consultations to discuss your case.
• Student Legal Assistance (University of Calgary): Law students, under supervision, provide affordable legal support for low-income individuals facing minor offences.

These resources help ensure that drivers understand their rights and receive fair representation in court.