The penalties for driving under the influence of drugs

The penalties for driving under the influence of drugs

By Vince Semenuk

If you are caught operating a vehicle while impaired by cannabis or any other drug you will face the same legal consequences as a person driving drunk. These penalties apply to automobile drivers as well as those operating boats, snowmobiles and off-road vehicles.

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

The Canadian Centre of Substance Use and Addiction states that cannabis use doubles the risk of being involved in a collision, as drivers have a reduced ability to:

  • track moving objects;
  • respond to more than one source of information; and
  • adjust to sudden changes in a driving environment.

Drug testing starts on the roadside

According to the Calgary Police Service (CPS), if an officer has a reasonable suspicion to believe a driver is impaired by a drug, police can demand a physical sobriety test at the roadside. Reasonable suspicion is based on such factors as red eyes, muscle tremors, agitation and abnormal speech patterns.

Police forces across Alberta have also started equipping their officers with Approved Drug Screening Equipment. This is a roadside device that tests your saliva for the presence of drugs including cannabis and cocaine.

If you fail a Standard Field Sobriety Test or your saliva is positive for drugs, the officer may demand that you participate in a Drug Recognition Evaluation.

According to the CPS, the DRE test involves a 12-step evaluation that includes:

  • measuring the driver’s blood pressure and pupil size;
  • recording their body temperature and pulse;
  • testing their eye’s reaction to light;
  • performing horizontal gaze nystagmus and vertical gaze nystagmus tests; and
  • completing divided attention tests.

Police say there are three outcomes expected of a completed evaluation. The first being that the person is impaired by a drug falling into one of these categories:

  • CNS depressants (eg. valium);
  • inhalants (eg. glue, gasoline);
  • dissociative anesthetics (eg. dextromethorphan, PCP);
  • cannabis (eg. THC);
  • CNS stimulants (eg. cocaine, methamphetamine);
  • hallucinogens (eg. LSD, magic mushrooms); or
  • narcotic analgesics (eg. oxycodone, morphine or fentanyl).

The other two possible outcomes are that the driver is considered not to be impaired or that they have a medical condition.

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,” according to s.320.14 of the Criminal Code.

The prohibited BDC levels are not found in the Code but are set by the Blood Drug Concentration Regulations SOR /2018-48, depending on what drug was consumed. When it comes to hard drugs such as LSD, phencyclidine (PCSP), cocaine and magic mushrooms, any detectable amount in your blood could result in charges.

What are the laws on cannabis and driving?

While cannabis can be legally sold across Alberta it is against the law to operate a vehicle after using it. It is difficult to say how long a person must wait to safely drive after consuming the drug since it affects people differently. The impairment depends on:

  • whether it was smoked, inhaled or ingested;
  • the quantity of cannabis consumed;
  • the frequency of use; and
  • the THC (the psychoactive component of cannabis) level of the cannabis.

Penalties for driving while impaired by cannabis

The amount of cannabis in your system is measured in nanograms (ng) of THC per millilitre (ml) of blood.

  • Those found with between two to five ng of THC per ml of blood face a maximum fine of $1,000 with the charge always treated as a summary conviction.
  • If you have five ng/ml or more THC or 2.5 ng/ml or more THC combined with 50 mg/100ml or more of alcohol, you can be criminally charged with impaired driving. If convicted, you face a minimum $1,000 fine for a first offence, a mandatory 30 days in jail for a second offence and a mandatory 120-day sentence for a third offence.

The maximum penalty for impaired driving is a 10-year prison sentence.

As the CPS notes, “Penalties are more serious for drivers who have high levels of impairment or who injure or kill others while driving impaired, and those who are repeat offenders.”

Immediate Roadside Sanctions

Provincial sanctions vary depending on the number of times you have been caught driving while impaired, but they include licence suspensions, vehicle seizures, mandatory remedial education and participation in an ignition interlock program (for alcohol-related offences).

According to the provincial government, Alberta Immediate Roadside Sanctions (IRS) apply to impaired driving under the Traffic Safety Act.

If you are suspected of being impaired by alcohol, drugs or a physical or medical condition that affects your ability to safely drive, you may be subject to a driver's licence suspension under the Traffic Safety Act and SafeRoads Alberta Regulations. Suspensions can be as little as 24 hours if the primary cause of your impairment is fatigue, to the possibility of having to equip your vehicle with a blow box for life if you are a repeat offender for impaired driving while under the influence of alcohol or drugs.

The provincial government notes that IRS Warn Penalties are cautionary sanctions issued when a driver’s alcohol or drug level is verging on impairment. If your blood alcohol concentration is between 60 and 99mg% you will receive an IRS Warn. The device you blow into will show this as a “Caution” as the reading on the device. The penalties for an IRS Warn are:

  • For first-time offenders: an immediate three-day driver’s licence suspension, a three-day vehicle seizure and a $300 fine plus a victim fine surcharge of 20 per cent.
  • For second-time offenders: an immediate 15-day driver’s licence suspension, a seven-day vehicle seizure, a $600 fine plus a victim fine surcharge of 20 per cent and enrolment in a remedial education course.
  • For third-time offenders: an immediate 30-day driver’s licence suspension, a seven-day vehicle seizure, a $1,200 fine plus a victim fine surcharge of 20 per cent and remedial education through the IMPACT Program.

IRS Fail Penalties are given when a driver surpasses the legal limit for drugs or alcohol. While the legal limit is 80mg% the device you blow into at the roadside will show a “Fail” reading at 100mg% or greater. You will also receive an IRS Fail if your Blood Drug Concentration is in excess of the legal limit in accordance with the Blood Drug Concentration Regulations. They are:

  • For first-time offenders: a 90-day licence suspension followed by 12 months when you can operate a vehicle equipped with an interlock device after you participate in the Ignition Interlock Program, remedial education, a 30-day vehicle seizure and a $1,000 fine plus a victim fine surcharge of 20 per cent.
  • For second-time offenders: a 90-day licence suspension followed by 36 months when you can operate a vehicle equipped with an interlock device after you participate in the Ignition Interlock Program, remedial education, a 30-day vehicle seizure and a $2,000 fine plus a victim fine surcharge of 20 per cent.
  • For third-time offenders: a 90-day licence suspension followed by a lifetime period when you can operate a vehicle equipped with an interlock device after you participate in the Ignition Interlock Program, remedial education, a 30-day vehicle seizure and a $2,000 fine plus a victim fine surcharge of 20 per cent. If you meet the eligibility criteria you can apply for driver’s licence reinstatement and removal of the interlock requirement after 10 years.

Zero tolerance for novice drivers

There is zero tolerance for young, novice or commercial drivers when it comes to cannabis use. That applies to anyone who:

  • is 21 or under;
  • has a G1, G2, M1 or M2 licence;
  • is driving a vehicle that requires an A-F driver’s licence or commercial vehicle operator’s registration; or
  • is driving a road-building machine.

Storing cannabis in your vehicle

If you buy cannabis at a retailer before getting into a vehicle, the package must remain unopened or the drug can be put into a sealed package such as a Ziploc bag or a container with a lid. It must be stored in a trunk or somewhere not readily available to anyone in the vehicle. If you are pulled over for any reason and police see cannabis stored improperly in your vehicle, you could be charged and the vehicle searched.

Contact us for assistance

The penalties of being convicted of a drug-related driving offence can be severe. The team at Dunn & Associates has defended many people facing these charges. Having one of our attorneys review your case may be the difference between beating the charge or living with a criminal record. Contact us for a free consultation.