Impaired Driving Criminal Code in Canada

In 2017 alone, more than 69,000 incidents of impaired driving were reported by the police, with nearly 3,500 of those involving drivers impaired by drugs.

Impaired driving is a serious and persistent issue in Canada, responsible for a significant number of deaths and injuries on the roadways.

To address this problem, Canada’s Criminal Code contains provisions that prohibit driving while impaired by drugs, alcohol, or a combination of both.

These provisions establish legal limits for blood alcohol concentration (BAC) and provide penalties for individuals found guilty of impaired driving.

Moreover, the penalties for impaired driving offences can range from a mandatory minimum fine to life imprisonment, depending on the severity of the offence and other factors.

Need more details? Here is everything you need to know about driving while intoxicated.

To understand what impaired driving is, you must know about the latest Criminal Code (Section 320.14). This section addresses impaired driving and its various aspects.

Here is a breakdown of the key points:

Subsection (1)(a) states that it is an offence to operate a conveyance, such as a vehicle, while impaired to any degree by alcohol, drugs, or a combination of both.

If someone’s blood alcohol concentration (BAC) is equal to or exceeds 80 mg of alcohol per 100 mL of blood within two hours of operating a vehicle, it is considered an offence. There are some exceptions outlined in subsection (5).

Having a blood drug concentration equal to or exceeding the prescribed limit within two hours after operating a conveyance is also an offence, as specified by regulations.

It is also an offence to have both a blood alcohol concentration and a blood drug concentration equal to or exceeding the prescribed limits within two hours after ceasing to operate a conveyance.

If someone causes bodily harm or death to another person while operating a conveyance and committing any of the offences mentioned in subsection (1), it is considered a separate offence.

Having a blood drug concentration that is equal to or exceeds the prescribed limit but is lower than the concentration specified for the offence outlined in paragraph (1)(c) is also an offence, subject to exceptions detailed in subsection (6).

There are exceptions outlined in subsections (5), (6), and (7) for certain circumstances such as consuming alcohol or drugs after ceasing to operate the conveyance, having no reasonable expectation of providing a bodily substance sample, and complying with specific blood alcohol concentration limits.

Prohibited levels refer to the specific thresholds of alcohol, cannabis (THC), and certain other drugs that are not allowed in a person’s blood within two hours of driving.

Once again, these prohibited levels are associated with separate offences and come with various penalties, depending on the seriousness of the offence.

For alcohol, the prohibited blood-alcohol concentration (BAC) is 80 milligrams or more of alcohol per 100 milliliters of blood. If a person’s BAC exceeds this limit, it is considered an offence.

Regarding cannabis, there are two prohibited levels of THC, the main psychoactive component of cannabis. Having between 2 to 5 nanograms (ng) of THC per milliliter of blood is a less serious offence, while having 5 ng or more of THC per milliliter of blood is a more serious offence.

When alcohol and cannabis are found in combination, the prohibited levels are 50 milligrams or more of alcohol per 100 milliliters of blood and 2.5 ng or more of THC per milliliter of blood.

In addition, there are specific drugs where any detectable amount in a person’s system within two hours of driving is prohibited. These drugs include:

• LSD
• Psilocybin
• Psilocin (commonly known as “magic mushrooms”)
• Ketamine
• PCP
• Cocaine
• Methamphetamine
• 6-mam (a metabolite of heroin)

And regarding GHB, the prohibited level is 5 milligrams or more per liter of blood, since the body can naturally produce low levels of this drug.

When it comes to drug-impaired driving, the law defines various charges and corresponding penalties to ensure road safety.

According to DUI Canada criminal code, these charges encompass different scenarios. Also, the penalties for drug-impaired driving vary depending on the specific charge and whether it is a 1st, 2nd, or 3rd offence.

Here is an overview of all the charges and penalties you could incur for drunk driving:

• Charge: Blood Alcohol Concentration (BAC) at or over 80mg per 100ml blood within 2 hours of driving

Penalties:

1st Offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment.

2nd Offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment

3rd Offence: Mandatory minimum 120 days of imprisonment; Maximum 10 years imprisonment.

• Charge: 5ng or more of THC per ml of blood within 2 hours of driving, having any detectable level of specified drugs (LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam) within 2 hours of driving or 5mg or more GBH per 1 liter of blood within 2 hours of driving.

Penalties:

1st Offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment.

2nf Offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment.

3rd Offence: Mandatory minimum 120 days imprisonment; Maximum 10 years of imprisonment.

• Charge: BAC of 50mg per 100ml of blood plus 2.5ng or more of THC per 1ml of blood within 2 hours of driving.

Penalties:

1st Offence: Mandatory minimum $2000 fine.

2nd Offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment.

3rd Offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment.

• Charge: Having over 2ng but less than 5ng of THC per ml of blood within 2 hours of driving.

Penalty:

Maximum $1000 fine.

• Charge: Impaired driving causing bodily harm

Penalties:

Summary conviction: Maximum 2 years imprisonment less than a day.

Indictment: Maximum 14 years imprisonment.

• Charge: Impaired driving causing death

Penalty:

Indictment: Maximum life imprisonment.

• Charge: 1st offense + BAC of 80-119 ml

Penalty:

Mandatory minimum $1000 fine.

• Charge: 1st offense + BAC of 120-159 ml

Penalty:

Mandatory minimum $1500 fine.

• Charge: 1st offense + BAC of 160 mg or more

Penalty:

Mandatory minimum $2000 fine.

While investigating cases of impaired driving, law enforcement authorities employ various techniques to determine the presence of alcohol or drugs in a driver’s system.

These investigative processes are crucial in identifying and addressing instances of impaired driving, ensuring the safety of the roads.

Let’s explore some of these investigation techniques:

Police officers have the authority to request that any lawfully-stopped driver provide a preliminary breath sample for alcohol testing, even without reasonable suspicion that alcohol is present in their body. This screening process allows officers to quickly assess the level of alcohol impairment.

To detect the presence of certain drugs, including THC, in a driver’s oral fluid, police officers can use oral fluid drug screeners. These devices offer a fast, non-invasive, and accurate method of drug screening.

If law enforcement officers reasonably suspect that a driver has drugs in their system, they can demand an oral fluid sample. Objective facts, such as red eyes, muscle tremors, agitation, or abnormal speech patterns, can contribute to developing reasonable suspicion.

When a driver tests positive on an oral fluid drug screener, the positive result confirms the presence of the drug. Combined with other observed signs of impairment or drug use at the roadside, this positive result may provide grounds for further investigation, including the demand for a blood sample.

In addition to breath and oral fluid testing, police officers can request a driver to undergo a Standard Field Sobriety Test (SFST) or a Drug Recognition Expert Evaluation (DRE). These tests assess the driver’s physical and cognitive abilities, aiding in determining impairment levels.

Understanding impaired driving laws, penalties, and investigative processes is crucial for both drivers and law enforcement. By being informed about the consequences and taking responsible actions, we can contribute to safer roads and prevent accidents caused by impaired driving. Remember, always prioritize the safety of yourself and others by never getting behind the wheel while impaired.

And in case you’re facing legal trouble with DUI and unsure of what lies ahead, consult an expert lawyer armed with legal expertise, guidance, and unwavering support throughout the entire process.