Drug-impaired driving refers to operating a motor vehicle while under the influence of drugs, which can include illegal substances, prescription medications, or over-the-counter medications. The use of these substances can impair a driver’s ability to safely operate a motor vehicle, increasing the risk of accidents and posing a threat to public safety.

The Criminal Code and provincial legislation

Drug-impaired driving offences in Canada are primarily governed by the Criminal Code, which establishes criminal offences and penalties for driving while impaired by a drug. In addition to the Criminal Code, provincial and territorial legislation, such as Highway Traffic and Motor Vehicle laws may also regulate drug-impaired driving, including administrative penalties and license suspensions. If you have been charged with a drug related crime, it is important to hire an experienced criminal defence lawyer as soon as possible.

What are the types of drug-impaired driving offenses?

Drug-impaired driving is a serious criminal offence in Canada, and penalties for these offenses can be severe. There are several types of drug-impaired driving offences in Canada, including:

Driving While Impaired by a Drug

This offence involves operating a motor vehicle while one’s ability to do so is impaired by a drug. This can include any substance that affects a person’s mental or physical faculties, such as illegal drugs, prescription medications, or over-the-counter medications.

Driving with a Prohibited Drug Concentration

This offence occurs when a driver has a blood drug concentration above the legal limit established by the Criminal Code. These limits vary depending on the specific drug involved and may be updated periodically as new research becomes available.

Refusing to Comply with a Demand for a Drug Test

This offence involves refusing to comply with a lawful demand from a police officer to provide a sample for drug testing. This can include refusing to submit to a roadside saliva test, a blood test, or a drug recognition evaluation.

What are the penalties for drug-impaired driving offences?

The penalties for drug-impaired driving offences in Canada vary depending on the specific offence and the offender’s prior history of impaired driving. The following are the consequences for different drug-impaired driving offences:

First offence

• A minimum fine of $1,000
• A driving prohibition for a minimum of one year
• Potential mandatory participation in a drug treatment program or ignition interlock program, as dictated by provincial or territorial legislation

Second offence

• Imprisonment for at least 30 days
• A driving prohibition for a minimum of two years
• Potential mandatory participation in a drug treatment program or ignition interlock program, as required by provincial or territorial legislation

Third and subsequent offences

• Imprisonment for a minimum of 120 days
• A driving prohibition for at least three years, with the possibility of a lifetime ban in certain cases
• Potential mandatory participation in a drug treatment program or ignition interlock program, as required by provincial or territorial legislation

Get help

For more information on impaired driving offences and penalties, visit Impaired driving (DUI/DWI) or refer to our Cannabis Law section.

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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