What rights do Canadians have if they’re pulled over for driving high? We speak to criminal defence lawyer Kyla Lee for more on the new drug impaired offences under Bill C-46.
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“Unfortunately, you do not have very many legal rights in that circumstance. There is no right to refuse to take the test. The penalty if you refuse is the same as if you are convicted of impaired driving so you do not gain any advantage by refusing. You also do not have the right to consult a lawyer before providing a sample so unfortunately, it is do the test or serve the consequences.”
“The test is only admissible for allowing the officer to have grounds to make an arrest or to take the person back to the detachment for further testing so it is not an evidence that will prove that somebody is impaired in court.”
Watch the full interview here.