Drug Impaired Driving

Understanding Drug-Impaired Driving in Ontario

In Ontario, impaired driving is not limited to alcohol, the offence also includes substances like cannabis and other drugs. Blood alcohol concentration (BAC) measures alcohol-impaired driving. For drugs, authorities use different tools. Drug screening equipment and sobriety tests help law enforcement identify drug impairment in drivers. These tests check your ability to focus and react.

Officers trained as Drug Recognition Experts (DREs) assess drivers they suspect are impaired. They perform standard field sobriety testing as well as additional testing to determine impairment. These tests look at eye movement, balance, and the ability to perform simple tasks.

It is illegal to drive with drugs in your system that impair driving ability. You risk fines, licence suspension, and potentially jail time. Both alcohol and drug-impaired driving have serious consequences. They endanger lives and increase accident risks on the road.

Recent Amendments and the Introduction of Cannabis Legalization

Cannabis legalization brought important amendments. Police can conduct roadside tests for drug impairment. Legal limits for THC in your blood while driving have been set, the legal limit is 2 nanograms of THC per milliliter of blood, similar to BAC rules for alcohol. Drug-impaired driving is treated with the same seriousness as alcohol.

Zero Tolerance Laws for Novice and Commercial Drivers

Zero tolerance laws apply to novice drivers and commercial drivers. For novice drivers, holding licences like the G1 or G2, any alcohol or drug presence is forbidden. Commercial drivers, operating trucks or buses, face stricter rules because of the potential risks involved. 

Penalties for Drug-Impaired Driving in Ontario

Immediate and Administrative Sanctions

When caught drug-impaired, you may face immediate penalties. Police can issue a 24-hour driver’s licence suspension right on the spot if they suspect impairment.

Following this, you might receive a 90-day licence suspension under the Administrative Driver’s Licence Suspension (ADLS) program.

You also face a monetary penalty, which could include fines or fees. These are not minor charges. They serve as both punishment and deterrent.

It’s important to remember that these penalties kick in even before any court verdict.

Criminal Penalties and Sentences

Drug-impaired driving is illegal under the Canadian Criminal Code. If convicted, you might face different penalties.

For a first offence, you could receive a $1,000 minimum fine. Repeat offenders can expect higher fines.

Penalties may also include jail time. First-time offenders might serve up to 14 years if their actions led to bodily harm. In severe cases involving death, the sentence could be up to life imprisonment. The court may also impose a probation period as part of the sentence.

Licence Suspension and Vehicle Impoundment

Licence suspensions start at one year for a first offence and can increase with repeated violations. Longer suspension periods apply if someone is injured or killed due to drug-impaired driving.

Your vehicle is also at risk. Police might impound your car for a week. This immediate action happens when you breach certain driving conditions. Getting your vehicle back will involve additional fees and charges for storage.

Role of the Drug Recognition Expert (DRE)

DREs are specially trained officers who assess drivers suspected of impairment. They conduct systematic evaluations to determine if someone is under the influence. This involves physical examinations, checking vital signs, and observing behaviour.

A DRE’s expertise is crucial in prosecutions, providing detailed evidence. This ensures fair handling of such cases

Approved Drug Screening Equipment (ADSE)

ADSE refers to devices approved by authorities to detect drug presence in drivers. These tools play a vital role in roadside checks. They use oral fluid samples to show quick readings.

The use of accurate ADSE prevents prolonged stops. It allows officers to determine impairment without excessive delays.

Approved devices undergo rigorous testing to meet safety standards. 

Frequently Asked Questions