Before any profound details, let me tell you what DUI is. DUI means– Drive Under the Influence of an intoxicant.
Interesting fact, impaired driving in Alberta is quite historic because the first case for drunk driving was filed in Alberta in 1920.
In addition, the highest report of impaired driving is in Prince Edward Island. It’s the record from 2019. Before that, Saskatchewan had the highest DUI cases.
Anyway, we all are not rule followers. Also, a rule follower can go off track sometimes. Here, you will know everything related to impaired driving in Canada.
What is impaired driving according to the law?
There is a criminal code that suggests anyone inebriated by any form of drug and alcohol is prohibited from driving.
And, the punishment will depend on the intensity of the rule violation. However, the minimum penalty is that you will be fined for the offense.
But, you might end up in jail for the rest of your life if the violation is severe.
Prohibition laws
The law varies depending on what substance you have used. Once again, the penalty will be different too. Let’s have a deeper look.
The level of intoxicant use
You will be charged for using alcohol, cannabis (THC), a combination of alcohol and cannabis, other drugs. Find the level of prohibitions below.
Alcohol
If they find you have 80 milligrams or more alcohol concentration per 100 milliliters blood, you will be arrested.
Cannabis (THC)
Here, you have two levels of prohibition for THC. Initially, it is 2 nanograms of cannabis per milliliter of blood. And it’s deemed as a minor crime.
The second prohibition level is 5 nanograms of cannabis per milliliter of blood. And this is considered a serious violation of criminal law.
Alcohol & Cannabis combination
In alcohol and cannabis combination, the amount of alcohol is 50gm or more per 100-milliliter blood. And, for cannabis, it is- 2.5 nanogram or more in per 100-milliliter blood.
What about the other drug?
For GHB, it is 5 milligram or more per 1-liter blood. It’s 1 litter for GHB because we naturally produce some GHB.
The other drugs are- methamphetamine, LSD, cocaine, psilocin, PCP, ketamine, psilocybin. There is no specified amount. But, even the slightest amount of these in your blood is punishable.
The prohibition of the time
It will be a criminal offense if you drive within 2 hours of intaking alcohol or drugs. And, the prohibited levels will be considered too.
Break down of the penalties
Needless to say, drunk driving is life-threatening. Furthermore, it’s a serious public safety issue. Let’s have a look at the charges, severity, and penalties in detail.
Alcohol-impaired driving
- For the first offense, a minimum fine of $1000 is required, with a maximum sentence of 10 years in jail.
- Second offense. Mandatory minimum sentence of 30 days in prison and a maximum sentence of 10 years in prison.
- Third offense, Minimum sentence of 120 days in jail; maximum sentence of 10 years in prison.
Drug-impaired driving
- The first offense carries a mandatory minimum fine of $1,000 and a maximum sentence of ten years in jail.
- The second offense is a mandatory minimum sentence of 30 days in jail and a maximum sentence of 10 years in prison.
- The third offense carries a mandatory minimum sentence of 120 days in jail and a maximum sentence of ten years in prison.
Drug and alcohol combination
- The first offense imposes a mandatory minimum fine of $1,000 and a maximum penalty of ten years in jail.
- Second offense, a compulsory minimum sentence of 30 days in jail and a maximum sentence of 10 years in prison
- The third offense includes a mandatory minimum sentence of 120 days in jail and a maximum sentence of ten years in prison.
What happens when someone refuses to give a sample for a test?
There are penalties for refusal to give a sample too. Check them below.
- For the first offense, a charge of at least $2000 is imposed.
- Second offense mandated a sentence of 30 days in jail and a prison term of 10 years.
- The third offense bears a punishment of 120 days in jail and a maximum penalty of ten years in jail.
What is the process of investigation?
Alcohol screening is required by law: Even if there is no reasonable suspicion that the driver is intoxicated, police officers can demand that any lawfully stopped driver submit a baseline breath sample to be tested for alcohol.
Drug screeners for oral fluid: Police can utilize oral fluid drug screeners to identify the presence of various narcotics in oral fluid, including THC. These devices are quick, painless, and precise.
Other methods of investigation: A driver can also be required to take a Standard Field Sobriety Test (SFST) or a Drug Recognition Expert Evaluation by the police (DRE).
To conclude
Driving while intoxicated is a serious crime. This is strongly enforced as well. Furthermore, the consequences of driving under the influence can be extremely demanding.
Practice safe driving.