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The Criminal Code prohibits driving while impaired to any degree by drugs, alcohol, or a combination of both. Penalties for this offence range from a mandatory minimum fine to life imprisonment, depending on the severity of the offence.

This video explains the legal framework of impaired driving, discussing the elements of the offense and potential consequences.

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What you need to know about the new impaired driving laws

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An exploration of the societal impact of impaired driving, including real-life testimonials and statistics.

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Law Enforcement Approach to Handling Impaired Driving Cases

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Law Enforcement Approach to Handling Impaired Driving Cases

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Law enforcement professionals discuss tactics and challenges in dealing with impaired driving incidents.

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A comprehensive article detailing impaired driving laws, recent changes, and their application in legal cases.

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Impaired driving is the leading criminal cause of death and injury in Canada. In 2017, there were more than 69,000 impaired driving incidents reported by the police, including almost 3,500 drug-impaired driving incidents.

Please visit Canada's impaired driving webpage for statistics, research, and more information on the dangers of driving while impaired.

It is important to note that provinces and territories have additional laws or regulations that may apply. Make sure to check the laws in your area.

Impaired Driving

The Criminal Code prohibits driving while impaired to any degree by drugs, alcohol, or a combination of both. Penalties for this offence range from a mandatory minimum fine to life imprisonment, depending on the severity of the offence

Prohibited Levels

In addition to the offence of impaired driving, there are separate offences of having specified prohibited levels of alcohol, cannabis or certain other drugs in the blood within two hours of driving. Penalties range from fines to life imprisonment, depending on the severity of the offence.

Alcohol

The prohibited blood-alcohol concentration (BAC) is 80 milligrams or more (mg) of alcohol per 100 millilitres (ml) of blood.

Cannabis (THC)

There are two prohibited levels for THC, the primary psychoactive component of cannabis: it is a less serious offence to have between 2 nanograms (ng) and 5 ng of THC per ml of blood. It is a more serious offence to have 5 ng of THC or more per ml of blood.

Combination of alcohol and cannabis

The prohibited levels of alcohol and cannabis, when found in combination, is 50mg or more of alcohol per 100ml blood and 2.5 ng or more of THC per ml of blood.

Other drugs

Having any detectable amount of LSD, psilocybin, psilocin ("magic mushrooms"), ketamine, PCP, cocaine, methamphetamine or 6-mam (a metabolite of heroin) in your system within two hours of driving is also prohibited.

The prohibited level for GHB is 5mg or more per litre of blood, since the body can naturally produce low levels of this drug.

Penalties

Impaired driving is a serious crime that poses a significant threat to public safety. Having the prohibited level of alcohol, THC, or other impairing drugs in your blood within two hours of driving is an offence.

Penalties for committing this conduct can vary, depending on the alcohol or drug concentration, whether it is your first or a repeated offence, and whether you have caused bodily harm or death to another person.

Penalties for drug-impaired driving - Text version
Penalties for drug-impaired driving Alcohol-impaired
Charge:

Alcohol-impaired driving

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

Drug-impaired
Charge:

Drug-impaired driving

Having 5ng or more of THC per ml of blood within 2 hours of driving

Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam within 2 hours of driving

Having 5mg or more of GHB per 1 litre of blood within 2 hours of driving

Combination
Charge: Having a BAC of 50mg per 100ml of blood + 2.5ng or more of THC per 1ml of blood within 2 hours of driving

Charge: Refusal to comply with demand for sample
Drug-impaired driving - Summary conviction

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

Penalty:

Summary conviction: maximum 2 years imprisonment less a day

Indictment: maximum 14 years imprisonment

Charge: Impaired driving causing death

Penalty:
Indictment: Maximum life imprisonment

Charge: 1st offence + BAC of 80-119 ml

Penalty: mandatory minimum $1000 fine

Charge: 1st offence + BAC of 120-159ml

Penalty: mandatory minimum $1500 fine

Charge: 1st offence + BAC of 160 mg or more

Penalty: mandatory minimum $2000 fine

Investigations

Mandatory alcohol screening

Police officers can demand that any lawfully-stopped driver provide a preliminary breath sample to test for alcohol without reasonable suspicion that the driver has alcohol in their body.

Oral fluid drug screeners

Oral fluid drug screeners can be used by police to detect the presence of some drugs in oral fluid, including THC. These devices are fast, non-invasive, and accurate.

The police can demand an oral fluid sample, if they reasonably suspect a drug is in a driver's body. Reasonable suspicion that the driver has drugs in their body can be developed based on objective facts, such as:

red eyes

muscle tremors

agitation

abnormal speech patterns

If a driver tests positive on an oral fluid drug screener the positive result confirms the presence of the drug and, combined with other signs of impairment or drug use observed by the police at the roadside, may provide grounds for the investigation to proceed further by making a demand for a blood sample.

Other investigative techniques

Police can also demand a driver submit to a Standard Field Sobriety Test (SFST) or a Drug Recognition Expert Evaluation (DRE).

Related links

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Impaired driving is the leading criminal cause of death and injury in Canada. In 2017, there were more than 69,000 impaired driving incidents reported by the police, including almost 3,500 drug-impaired driving incidents. Please visit Canada's impaired driving webpage for statistics, research, and more information on the dangers of driving while impaired.

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Effects of Substances on Driving Abilities

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Effects of Substances on Driving Abilities

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Scientific explanations of how different substances affect driving abilities, contributing to understanding impairment.

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Drugged driving is driving a vehicle while impaired due to the intoxicating effects of recent drug use. It can make driving a car unsafe-just like driving after drinking alcohol. Drugged driving puts the driver, passengers, and others who share the road at serious risk.

Why is drugged driving dangerous?

The effects of specific drugs on driving skills differ depending on how they act in the brain. For example, marijuana can slow reaction time, impair judgment of time and distance, and decrease coordination. Drivers who have used cocaine or methamphetamine can be aggressive and reckless when driving. Certain kinds of prescription medicines, including benzodiazepines and opioids, can cause drowsiness, dizziness, and impair cognitive functioning (thinking and judgment). All of these effects can lead to vehicle crashes.

Research studies have shown negative effects of marijuana on drivers, including an increase in lane weaving, poor reaction time, and altered attention to the road. Use of alcohol with marijuana makes drivers more impaired, causing even more lane weaving. Some studies report that opioids can cause drowsiness and impair thinking and judgment. Other studies have found that being under the influence opioids while driving can double your risk of having a crash.

It is difficult to determine how specific drugs affect driving because people tend to mix various substances, including alcohol. But we do know that even small amounts of some drugs can have a measurable effect. As a result, some states have zero-tolerance laws for drugged driving. This means a person can face charges for driving under the influence (DUI) if there is any amount of drug in the blood or urine. Many states are waiting to develop laws until research can better define blood levels that indicate impairment, such as those they use with alcohol.

Read more about other commonly misused drugs that can effect driving.

How many people take drugs and drive?

According to the 2021 National Survey on Drug Use and Health (NSDUH), in 2021, 13.5 million people aged 16 or older drove under the influence of alcohol in the past year and 11.7 million drove under the influence of selected illicit drugs, including marijuana (2021 DT 8.33A).

The survey also showed that men are more likely than women to drive under the influence of drugs or alcohol. A higher percentage of adults aged 21 to 25 (15.0%) drive after taking drugs or drinking than do young adults aged 16 to 20 (7.5%) or adults 26 or older (7.7%) (2021 DT 8.33B).

Which drugs are linked to drugged driving?

After alcohol, marijuana is the drug most often found in the blood of drivers involved in crashes. Tests for detecting marijuana in drivers measure the level of delta-9-tetrahydrocannabinol (THC), marijuana's mind-altering ingredient, in the blood. But the role that marijuana plays in crashes is often unclear. THC can be detected in body fluids for days or even weeks after use, and it is often combined with alcohol. The vehicle crash risk associated with marijuana in combination with alcohol, cocaine, or benzodiazepines appears to be greater than that for each drug by itself.

Several studies have shown that drivers with THC in their blood were roughly twice as likely to be responsible for a deadly crash or be killed than drivers who hadn't used drugs or alcohol. However, a large NHTSA study found no significant increased crash risk traceable to marijuana after controlling for drivers' age, gender, race, and presence of alcohol. More research is needed.

Along with marijuana, prescription drugs are also commonly linked to drugged driving crashes. In 2016, 19.7 percent of drivers who drove while under the influence tested positive for some type of opioid.

How often does drugged driving cause crashes?

It's hard to measure how many crashes are caused by drugged driving. This is because:

a good roadside test for drug levels in the body doesn't yet exist

some drugs can stay in your system for days or weeks after use, making it difficult to determine when the drug was used, and therefore, how and if it impaired driving

police don't usually test for drugs if drivers have reached an illegal blood alcohol level because there's already enough evidence for a DUI charge

many drivers who cause crashes are found to have both drugs and alcohol or more than one drug in their system, making it hard to know which substance had the greater effect

Effects of Commonly Misused Drugs on Driving

Marijuana affects psychomotor skills and cognitive functions critical to driving including vigilance, drowsiness, time and distance perception, reaction time, divided attention, lane tracking, coordination, and balance.

Opioids can cause drowsiness and can impair cognitive function.

Alcohol can reduce coordination, concentration, ability to track moving objects and reduce response to emergency driving situations as well as difficulty steering and maintaining lane position. It can also cause drowsiness.

However, according to the Governors Highway Safety Association, 43.6 percent of fatally injured drivers in 2016 tested positive for drugs and over half of those drivers were positive for two or more drugs.

What populations are especially affected by drugged driving?

Teen and older adult drivers are most often affected by drugged driving. Teens are less experienced and are more likely than other drivers to underestimate or not recognize dangerous situations. They are also more likely to speed and allow less distance between vehicles. When lack of driving experience is combined with drug use, the results can be tragic. Car crashes are the leading cause of death among young people aged 16 to 19 years.

A study of college students with access to a car found that 1 in 6 had driven under the influence of a drug other than alcohol at least once in the past year. Marijuana was the most common drug used, followed by cocaine and prescription pain relievers.

Mental decline in older adults can lead to taking a prescription drug more or less often than they should or in the wrong amount. Older adults also may not break down the drug in their system as quickly as younger people. These factors can lead to unintended intoxication while behind the wheel of a car.

What steps can people take to prevent drugged driving?

Because drugged driving puts people at a higher risk for crashes, public health experts urge people who use drugs and alcohol to develop social strategies to prevent them from getting behind the wheel of a car while impaired. Steps people can take include:

offering to be a designated driver

appointing a designated driver to take all car keys

getting a ride to and from parties where there are alcohol and/or drugs.

discussing the risks of drugged driving with friends in advance

Points to Remember

Use of illicit drugs or misuse of prescription drugs can make driving a car unsafe-just like driving after drinking alcohol.

In 2018, 20.5 million people aged 16 or older drove under the influence of alcohol in the past year and 12.6 million drove under the influence of illicit drugs.

It's hard to measure how many crashes are caused by drugged driving, but estimates show that almost 44 percent of drivers in fatal car crashes tested positive for drugs.

Driving under the influence of marijuana, opioids and alcohol can have profound effects on driving.

People who use drugs and alcohol should develop social strategies to prevent them from getting behind the wheel of a car while impaired.

Learn More

For more information about drugged driving webpage.

For more information about marijuana and prescription drug misuse, visit:

*The COVID-19 pandemic had an impact on data collection for the 2021 National Survey on Drug Use and Health (NSDUH). For more information, please see the 2021 NSDUH Frequently Asked Questions from the Substance Abuse and Mental Health Services Administration.

References

1. Hartman RL, Huestis MA. Cannabis effects on driving skills. Clin Chem. 2013;59(3):478-492. doi:10.1373/clinchem.2012.194381

2. Hartman RL, Brown TL, Milavetz G, et al. Cannabis effects on driving lateral control with and without alcohol. Drug Alcohol Depend. 2015;154:25-37. doi:10.1016/j.drugalcdep.2015.06.015

3. Lenné MG, Dietze PM, Triggs TJ, Walmsley S, Murphy B, Redman JR. The effects of cannabis and alcohol on simulated arterial driving: Influences of driving experience and task demand. Accid Anal Prev. 2010;42(3):859-866. doi:10.1016/j.aap.2009.04.021

4. Compton R. Marijuana-Impaired Driving: A Report to Congress. Washington, DC: National Highway Traffic Safety Administration; 2017.

5. Dhingra L, Ahmed E, Shin J, Scharaga E, Magun M. Cognitive Effects and Sedation. Pain Med Malden Mass. 2015;16 Suppl 1:S37-S43. doi:10.1111/pme.12912

6. Chihuri S, Li G. Use of prescription opioids and motor vehicle crashes: A meta analysis. Accid Anal Prev. 2017;109:123-131. doi:10.1016/j.aap.2017.10.004

7. Substance Abuse Center for Behavioral Health Statistics and Quality. Results from the 2021 National Survey on Drug Use and Health: Detailed Tables, SAMHSA. Accessed January 2023.

8. Wilson FA, Stimpson JP, Pagán JA. Fatal crashes from drivers testing positive for drugs in the U.S., 1993-2010. Public Health Rep Wash DC 1974. 2014;129(4):342-350.

9. Biecheler M-B, Peytavin J-F, Facy F, Martineau H. SAM survey on "drugs and fatal accidents": search of substances consumed and comparison between drivers involved under the influence of alcohol or cannabis. Traffic Inj Prev. 2008;9(1):11-21. doi:10.1080/15389580701737561

10. Elvik R. Risk of road accident associated with the use of drugs: a systematic review and meta-analysis of evidence from epidemiological studies. Accid Anal Prev. 2013;60:254-267. doi:10.1016/j.aap.2012.06.017

11. Compton RP, Berning A. Drug and Alcohol Crash Risk. Washington, DC: National Highway Traffic Safety Administration; 2015. DOT HA 812 117.

12. Fatality Analysis Reporting System (FARS). Washington, DC: National Highway Traffic Safety Administration https://www.nhtsa.gov/research-data/fatality-analysis-reporting-system-fars.

13. Drug-Impaired Driving: Marijuana and Opioids Raise Critical Issues for States. Washington DC: Governors Highway Safety Association; 2018.

14. Teen Drivers: Get the Facts | Motor Vehicle Safety | CDC Injury Center. http://www.cdc.gov/motorvehiclesafety/teen_drivers/teendrivers_factsheet.html. Published October 14, 2015. Accessed April 7, 2016.

15. Arria AM, Caldeira KM, Vincent KB, Garnier-Dykstra LM, O'Grady KE. Substance-related traffic-risk behaviors among college students. Drug Alcohol Depend. 2011;118(2-3):306-312. doi:10.1016/j.drugalcdep.2011.04.012

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Drugged Driving DrugFacts | National Institute on Drug Abuse

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Provides basic facts about drugged driving, including statistics, trends, and teen prevalence, and explains why drugged driving is hazardous, particularly as it relates to marijuana.

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An analysis of common defenses used in impaired driving cases, providing insights into legal strategies.

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Detailed information about Canadian Criminal Code charges of Impaired Driving. Included are defences, punishments, what's needed to be found guilty, how we can defend you, and actions you can take. It was written and prepared by experienced criminal defence lawyers in Toronto but does not consist of legal advice.

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Statistics on Impaired Driving Accidents

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Statistics on Impaired Driving Accidents

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Infographic presenting statistics related to impaired driving accidents and their consequences.

This bar graph shows that over half (57.4%) of the participating drivers in roadside surveys were THC-positive drivers who had a THC concentration sufficient to have triggered a positive result on ADSE – i.e., at least 25 ng/ml

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Statistics on Impaired Driving Accidents

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Source: Impaired Driving Laws (Department of Justice, Government of Canada)

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Visual representation showcasing the legal penalties associated with impaired driving offenses.

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Effects of Substances on Driving Performance

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Effects of Substances on Driving Performance

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Image illustrating how different substances impair driving abilities, contributing to awareness.

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Effects of Substances on Driving Performance

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Word Document: "Case Study: John's Impaired Driving Incident"