Driving under the influence (DUI)
Key Points about Impaired Driving in Canada
- Impaired driving stands as the leading criminal cause of fatalities and injuries within Canada, as per the Department of Justice’s (DoJ) report on Impaired Driving Laws. The Criminal Code’s Section 320.14 (1) criminalizes operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher or while under the influence of narcotics, ascertainable through urine or blood tests.
- Regarding drug impairment, the Code mandates penalties for having any detectable amount of certain drugs in your system when driving. A violation could result in a fine of up to $1,000, while accidents leading to death while impaired could lead to life imprisonment.
- Although the legal framework is established nationally, the enforcement, apprehension, prosecution, and imposition of penalties fall under the jurisdiction of provincial and territorial authorities.
Defining Impaired Driving in Canada
- Section 320.14 (1) of the Criminal Code outlines that operating a vehicle while impaired by alcohol, drugs, or a combination of both is against the law. A blood alcohol concentration (BAC) of .08 percent signifies impairment. Subsequent to the legalization of cannabis sales through regulated channels in 2018, the government introduced laws to deter and detect drug-impaired driving. This involves operating a vehicle with a prohibited blood drug concentration, especially for substances like THC and cocaine.
- In the context of cannabis, two levels of prohibited THC concentration are outlined. Having between two and five nanograms (ng) of THC per milliliter of blood while driving is an offense, while having five ng or more is an even more serious violation.
- For other drugs, having any detectable amount of substances like LSD, psilocybin, ketamine, cocaine, or others in your system within two hours of driving is prohibited. Certain prohibited levels are specified for substances like GHB.
Methods Employed by Canadian Police to Assess Impaired Driving
- The evaluation of impairment shifted from merely focusing on the level of impairment when pulled over before 2018 to assessing blood alcohol content over the legal limit within two hours after driving, as stated by the DoJ.
- Police are now authorized to demand a breath sample from drivers without requiring reasonable suspicion. Failure to comply leads to criminal charges carrying penalties equivalent to, or greater than, those for impaired driving.
- According to the RCMP’s guide on Impaired Driving Investigations, charges can apply to individuals controlling various vehicles, including automobiles, snowmobiles, all-terrain vehicles, boats, aircraft, and railway equipment. Officers can demand breath samples, oral fluid samples, or standardized sobriety tests if they suspect alcohol or drugs in the driver’s system.
Penalties for Impaired Driving in Canada
- Impaired driving stands as the leading cause of criminal fatalities and injuries in Canada, with over 69,000 reported incidents in 2017, including nearly 3,500 drug-impaired cases, according to the DoJ’s report on Impaired Driving Laws.
- To address this issue, the federal government introduced three new offenses in 2018 related to specific drug levels detected in the blood within two hours of driving.
- Possessing between two and five ng of THC in the blood constitutes a summary conviction criminal offense, which carries a minimum fine of $1,000.
What is the permissible threshold for driving after consuming alcohol?
When it comes to consuming alcoholic beverages and then operating a vehicle, the safe limit is effectively zero. Even a single drink can impact your ability to make sound decisions and swift judgments.
However, there are legally established limits based on the concentration of alcohol in your bloodstream, known as blood-alcohol concentration (BAC). The Department of Justice in Canada specifies that the prohibited BAC is “80 milligrams (mg) or more of alcohol per 100 millilitres (ml) of blood,” often referred to as ‘.08’. Some provinces may even set lower limits and corresponding penalties.
Is it permissible to drive while using cannabis?
Cannabis, known by various names like pot, weed, marijuana, etc., remains a substance with psychoactive effects. Despite its legalization in Canada, partaking in cannabis does not absolve individuals from legal consequences, especially when driving. Operating a vehicle after smoking or consuming cannabis can lead to legal repercussions and potential imprisonment.
The primary psychoactive component in cannabis is THC, and the severity of consequences depends on its concentration in your bloodstream. Driving with a THC concentration between two and five nanograms (ng) per ml of blood is prohibited, while the offense becomes more severe if the concentration exceeds 5 ng per ml.
Are there implications for using other drugs?
Although alcohol and cannabis are key contributors to impaired driving, having any detectable quantity of illicit drugs in your system within two hours of driving is strongly prohibited. There’s an exception for GHB, a recreational drug found in minute quantities in human bodies – a concentration above 5 mg of GHB per ml of blood is prohibited.
Legal Penalties for Impaired Driving in Canada
Canada’s Department of Justice has defined legal penalties for individuals convicted of impaired driving offenses.
For a first offense of alcohol-impaired driving with a BAC at or exceeding .08 within two hours of driving, the mandatory minimum penalty is a $1,000 fine. Fines increase according to BAC levels:
- .08 to .119 entails a $1,000 fine
- .120 to .159 carries a $1,500 fine
- BAC of .160 or higher mandates a minimum $2,000 fine.
For a first offense of drug-impaired driving with over 5 ng of THC or any prohibited drug in your system within two hours of driving, the mandatory minimum penalty is a $1,000 fine. The same minimum penalty applies if convicted of driving with over 2.5 ng of THC per ml of blood and a BAC of .05 combined.
A second conviction for any of the above offenses results in a mandatory minimum of 30 days in prison. A third conviction incurs a mandatory minimum of 120 days in prison. The maximum penalty for these charges is 10 years in prison.
Refusing to provide a requested sample carries a minimum fine of $2,000.
Additional penalties also apply. A summary conviction for drug-impaired driving with a THC concentration between 2 ng and 5 ng per ml of blood within two hours of driving incurs a $1,000 fine.
Conviction for impaired driving causing bodily harm results in substantial penalties. A summary conviction carries a maximum two years in prison less a day, while an indictment holds a maximum prison term of 14 years.
Finally, conviction for impaired driving causing death under an indictment carries a maximum penalty of life imprisonment.
Revised Explanation:
If your blood tests reveal 5 ng or more of THC, the DoJ report clarifies that you would face a hybrid offense. This means the charge can be pursued through indictment for serious cases or by summary conviction for lesser cases. Similarly, a hybrid offense would apply if your blood test indicates a combination of 50 mg of alcohol per 100 ml of blood and a THC level exceeding 2.5 ng per ml of blood.
As per Section 320.19 of the Criminal Code, both hybrid offenses would entail mandatory penalties of $1,000 for a first offense, with penalties escalating for repeat offenders. A minimum penalty of 30 days imprisonment is imposed for second offenses, while third or subsequent offenses could lead to 120 days of incarceration. The maximum penalties for the latter two charges (second or third offenses) are two years less a day for summary conviction and 10 years for indictable offenses. In suitable cases, the Crown could also pursue a dangerous offender application.
Refusing to comply with demands for bodily samples could result in a fine of $2,000. Notably, provinces may impose stricter guidelines, leading to more severe penalties than federal standards, including license suspensions. According to Section 320.2 of the Code, individuals charged with impaired driving causing bodily harm could face a maximum sentence of two years less a day for summary conviction or up to 14 years for an indictable offense.
Impaired driving causing death, as stated in Section 320.21, is consistently treated as an indictable offense, carrying a potential life imprisonment sentence.
Furthermore, provinces and territories have their own consequences for impaired driving, including license suspensions. For a comprehensive understanding, consult local partners for detailed explanations.
When determining sentencing, Section 320.22 of the Code mandates that the court consider aggravating factors that could intensify the severity of the sentence. Such factors encompass scenarios where you were involved in a race on a public road, had a passenger under 16 years old, were receiving compensation for driving the vehicle you were apprehended in, or were operating the vehicle against federal or provincial authority.
Your Rights:
Upon being arrested for impaired driving, police are obliged to inform you of your rights, including the right to legal representation. According to the RCMP, you can exercise this right before undergoing an evidentiary breath test, providing a blood sample, or participating in a 12-step DRE evaluation, all of which occur at a police station. However, roadside tests and evaluations are carried out before any consultation with a lawyer.
