What are the penalties for driving under the influence of drugs?

What are the penalties for driving under the influence of drugs?

Driving a vehicle while you are impaired by any drug is just as illegal as driving while under the influence of alcohol. This includes operating cars, trucks, boats, snowmobiles and off-road vehicles.

According to Public Safety Canada, impaired driving (from alcohol and drugs) kills or injures more Canadians than any other crime. It also remains the single most important factor contributing to serious road crashes. Statistics show that the number of police-reported drug-impaired driving incidents increased 19 per cent from 2019 to 2020.

Section 320.14 (1) of the Criminal Code states that it is an offence to operate a “conveyance while the person’s ability … is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug.”

Testing can be done within two hours after you have operated the vehicle, with charges possible if your blood drug concentration (BDC) “is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation.”

The prohibited BDC levels are not found in the Code but are set by regulation, depending on what drug was consumed. When it comes to hard drugs such as LSD, 6-Monoacetylmorphine (a metabolite of heroin), Ketamine, Phencyclidine (PCSP), Cocaine, Psilocybin, Psilocin and Methamphetamine, any detectable amount in your blood could result in charges.

Just as police have breathalyzers to detect alcohol on a driver’s breath they are also equipped with approved drug screening equipment (ADSE) at the roadside.

It can be used by police to detect the presence of drugs in oral fluid, including THC. If an officer has reasonable grounds to suspect you have used drugs before driving, they can demand an oral fluid sample. Reasonable suspicion is based on such factors as red eyes, muscle tremors, agitation and abnormal speech patterns.

If you test positive on an ADSE that may provide grounds for the investigation to proceed further with officers demanding a blood sample or a drug recognition evaluation.

What are the rules on cannabis and driving?

While cannabis can be legally purchased in Ontario it is against the law to drive after using it. There are no firm guidelines about how long a person has to wait after consumption to safely drive, as cannabis can impair each person differently. The impairment depends on:

• whether it was smoked, inhaled or ingested;
• the quantity of cannabis consumed;
• the frequency of use; and
• the variety of cannabis and its THC levels.

There is zero tolerance for young, novice or commercial drivers when it comes to cannabis. Just like alcohol, you are not allowed not allowed to have any cannabis in your system if you are driving and you:

• are 21 or under
• have a G1, G2, M1 or M2 licence
• are driving a vehicle that requires an A-F driver’s licence or Commercial Vehicle Operator’s Registration (CVOR)
• are driving a road-building machine.

If you have a prescription for medical cannabis you will not be subject to the zero tolerance drug requirements. However, you may still face criminal charges if your ability to drive has been impaired.

If you buy cannabis at a retailer before getting into a vehicle, the package must remain unopened and stored in a trunk or somewhere not readily available to anyone in the vehicle.

What are the penalties for impaired driving

Penalties for driving under the influence depend on the type of drug and its concentration. Other factors include whether it is your first or a repeated offence and whether you have caused bodily harm or death to another person.

Warn range penalties

If you have a blood alcohol concentration (BAC) between 0.05-0.079 and you fail the Standard Field Sobriety Test (alcohol and/or drugs), you can be given a three-day licence suspension and a $250 penalty on your first offence.

The second offence can bring a seven-day licence suspension, enrolment into an education or treatment program and a $350 penalty.

A third offence could bring a 30-day licence suspension, enrolment into an education or treatment program, your vehicle could be equipped with an ignition interlock system and a $450 fine.

Impairment penalties

If you have a blood alcohol concentration of 0.08 or more, fail or refuse to comply with a demand for alcohol or drug testing or you perform poorly during a drug recognition expert evaluation and it is your first offence, you could be given a 90-day licence suspension, a seven-day vehicle impoundment and a $550 penalty.

A second offence could bring a 90-day licence suspension, a seven-day vehicle impoundment, enrolment in an education and treatment program and a $550 penalty.

The penalties for a third offence include a 90-day licence suspension, a seven-day vehicle impoundment, enrolment in an education and treatment program, an ignition interlock system being installed on your car and for six months and a $550 penalty

What if I am convicted of impaired driving?

If you are convicted of impaired driving you will face additional penalties. If it is your first conviction:

• your licence will be suspended for at least one year;
• you must attend a mandatory education or treatment program; and
• you will be required to use an ignition interlock device for at least one year.

On a second conviction within 10 years:

• your licence will be suspended for at least three years;
• you must attend a mandatory education or treatment program;
• you will be required to use an ignition interlock device for at least three years; and
• you will need to undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario.

On a third conviction within 10 years:

• you will be given a lifetime licence suspension, which may be reduced after 10 years if you meet certain criteria;
• you must attend a mandatory education or treatment program;
• you will be required to use an ignition interlock device for at least six years; and
• you will need to undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario.

On a fourth conviction within 10 years:

• you will be given a lifetime licence suspension, with no possibility of reduction.

Contact me for assistance

The penalties of being convicted of a drug-related driving offence can be severe. If you are facing any criminal charge in the Ottawa-area, contact me for a free consultation.