Impaired driving

By the end of this topic you can

• You can explain the zero tolerance rule that applies to your licence stage.
• You can describe the federal Criminal Code limits for alcohol and THC.
• You can explain mandatory alcohol screening at the roadside.
• You can plan a safe way home that does not involve driving after drinking or using drugs.
• You can recognize that medicines can also impair driving.

What you need to know and understand

• Learners and novice drivers must have zero alcohol in every province, Yukon and the Northwest Territories.
• Some provinces extend zero alcohol by age: Ontario and Saskatchewan to drivers 21 and under, and Quebec and the NWT to drivers under 22.
• The Criminal Code limit is 80 mg of alcohol per 100 mL of blood (0.08).
• Federal THC limits are 2 ng per mL of blood for the less serious offence and 5 ng or more for the more serious one.
• Police can demand a breath sample from any driver they have lawfully stopped, without suspecting drinking.
• Refusing a breath or blood demand is a criminal offence with a minimum $2,000 fine.
• Provinces also suspend experienced drivers below 0.08: for example from 0.05 in Ontario and PEI.
• You can be charged with impaired driving even below any set limit if your ability is affected.

Zero tolerance: what it means for a new driver

Zero means zero: not one drink, and in most provinces no cannabis or other impairing drugs. Even a small amount can bring an immediate roadside suspension, and in several provinces it can restart your graduated licence stage. The penalty for a first offence varies widely:

• Ontario: immediate 7-day suspension, a $250 penalty and an education course, with more if convicted.
• Quebec: immediate 90-day suspension, and 4 demerit points on conviction, which is the whole learner or probationary limit.
• Nova Scotia: 6-month suspension, and the two-year newly licensed period starts again.
• New Brunswick: one-year suspension and a restart of graduated licensing with no credit.
• Other provinces: check your handbook; penalties include suspensions, impoundment and required programs.

The Criminal Code layer

Federal law applies to every driver in Canada. It sets offences for alcohol at 80 mg per 100 mL of blood or more within two hours of driving, for THC levels in the blood, and for a combination of alcohol and THC. A first conviction brings a minimum $1,000 fine, rising at higher alcohol levels, plus a driving prohibition and a criminal record. Second and third offences bring mandatory jail time.

A criminal record can affect jobs and travel abroad for years. Provinces add their own licence suspensions, and many require an ignition interlock, a device that stops the car starting if it detects alcohol on your breath.

Cannabis, medicines and planning ahead

THC can stay in your blood long after you stop feeling high, so feeling fine is not proof you are legal. For a zero-drug new driver, any detectable amount can bring a penalty. Prescription and over-the-counter medicines can also make you drowsy or slow, and mixing them with alcohol is especially dangerous. Read the label and ask a pharmacist if you are unsure.

Decide how you are getting home before you go out: a sober driver, transit, a taxi or rideshare, or staying over. Never get in a car with a driver who has been drinking or using drugs.

Common mistakes

• Thinking one drink is fine on a novice licence. The limit for learners and novices is zero in every province.
• Assuming you are clear of cannabis because you no longer feel high. THC can remain in the blood much longer.
• Believing police need a reason to test you. Mandatory alcohol screening lets them test any lawfully stopped driver.
• Ignoring warnings on medicine labels. Check whether a medicine can affect driving before you take it.
• Waiting to plan the ride home until the end of the night. Arrange it before you go out.

Test yourself: Impaired driving

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Medical Cannabis and New Drivers in Canada
• Impaired Driving Penalties in Canada for New Drivers