Impaired Driving: Alcohol/Drug Laws, Testing & Severe Penalties

Understanding Impaired Driving:

Driving when your ability is impaired by alcohol or a drug is a crime in Canada. Your vehicle does not have to be moving; you can be charged if you are impaired behind the wheel, even if you have not started to drive.

Police Testing Requirements:

In circumstances involving possible impairment, police can require a driver to:

• Provide breath samples

• Perform standardized field sobriety tests

• Conduct a drug recognition evaluation

• Provide oral fluid, urine or blood samples for screening

If you fail or refuse to comply with any of these demands, you will be charged under the Criminal Code.

Alcohol Testing and Enforcement:

The police can stop any driver to determine if alcohol or drug testing is required. They may also do roadside spot checks. When stopped, you may be told to blow into a roadside screening device or perform physical co-ordination tests.

If you cannot give a breath sample or it is impractical to obtain one, the police officer can require you to provide a blood sample instead. Police may also require blood, oral or urine samples.

Drug Impairment:

Criminal Code and HTA sanctions apply to drivers impaired by alcohol or drugs. Police can require drivers to perform physical co-ordination tests and submit to drug evaluation, then require blood, oral fluid or urine samples.

Prescription and Over-the-Counter Drug Considerations:

• Ask your doctor about side effects like dizziness, blurred vision, nausea or drowsiness

• Read information on over-the-counter medicine packages

• Drugs and any amount of alcohol together can have dangerous effects, even days after taking the drug

• Do not take chances - ask your doctor or pharmacist

Consequences of Impaired Driving:

Ontario leads North America in combating drinking and driving through tough laws and programs including licence suspensions, heavy fines, vehicle impoundment, mandatory alcohol-education and treatment programs, and ignition interlock program.

Penalty escalation based on convictions:

• First conviction: up to $2,000 fine, licence suspension

• Multiple convictions: up to $50,000 fine, jail time, permanent licence loss

• Impaired driving causing bodily harm: up to 14 years in prison

• Impaired driving causing death: life imprisonment

Additional Consequences:

• Insurance may not pay for medical, rehabilitation or vehicle damage costs

• Insurance costs may rise significantly

• Substantial legal costs

• Employment loss if driving required for job

• Criminal record affecting travel and employment

Remedial Measures:

Mandatory Back on Track program for all drivers convicted of impaired, driving-related Criminal Code offences. Drivers with more than one 'Warn Range' conviction required to take alcohol-education and/or treatment program.

If your licence has been suspended because of Criminal Code conviction, your licence will remain suspended until you have completed remedial requirements.

Driver-Improvement Interview:

Required for drivers convicted of non-drinking-and-driving Criminal Code offences who have no previous alcohol-related convictions. Must undergo Ministry of Transportation driver-improvement interview.

Driving Under Suspension:

You may not drive under any circumstances when your licence is suspended. Convicted of driving while suspended for HTA offence: fines in thousands of dollars and up to six months in jail. For Criminal Code suspensions: fines of tens of thousands of dollars and jail time.