Alcohol or Drug Impaired Driving

Did you know that a driver can be charged with impaired driving even if their alcohol level is below the legal limit?

In Canada, there are two criminal offenses related to drinking and driving:

• The first and most well-known situation occurs when a person operates a conveyance with a blood alcohol concentration of 80 mg of alcohol per 100 ml of blood or higher. This constitutes a violation of section 320.14(1)(b) of the Criminal Code.

• The second situation, provided under section 320.14(1)(a) of the Criminal Code, concerns cases where the ability to drive is impaired by alcohol to any degree. In other words, a person can be arrested and charged if alcohol impairs their driving ability, even if their blood alcohol concentration is below 80 mg per 100 ml of blood.

The number of alcoholic drinks consumed should never be the sole criteria for determining whether a person is fit to drive. What matters most is whether alcohol, even in small amounts, has impaired the ability to drive. This impairment can occur after the very first drink, especially when combined with other factors such as drug use, fatigue, stress, medication, or certain health issues (e.g., a cold).

These factors can amplify the effects of alcohol and compromise alertness, coordination, and judgment, even if the blood alcohol level is below 80 mg per 100 ml of blood.

Alcohol primarily affects the central nervous system, impairing intellectual, sensory and motor functions.

Intellectual functions

These are the first to be affected by alcohol, which impairs attention, judgement, and self-control. 

Sensory functions

Hearing, and especially vision, are affected by alcohol:

• Greater difficulty adapting to darkness and slower recovery from glare
• Altered perception of depth of field
• Decreased peripheral vision (tunnel vision)
• Double vision appears when blood alcohol levels reach 100 mg alcohol per 100 ml of blood (mg%), the phenomenon intensifies above 150 mg %

Hearing is also impaired when one is inebriated.

Motor functions

Alcohol impairs muscle control and coordination, leading to the following behaviours:

• Staggering
• Difficulty pronouncing words clearly
• Loss of manual dexterity
• Loss of precision in gestures and movements

Driving a vehicle is a complex activity that requires performing several tasks simultaneously. The driver must be able to perceive events, interpret them, and then react accordingly, which proves difficult when driving ability is impaired by alcohol.

Symptoms of alcohol impairment

Several of the symptoms described below occur when a person's driving ability is impaired by alcohol. Police officers observe these symptoms to assess whether an arrest is warranted. If you notice these symptoms in a loved one, try to convince them not to drive and, above all, do not get in the vehicle with them. If they still insist on driving, call 911!

• Irritated eyes
• Difficulty speaking
• Difficulty standing upright
• Difficulty walking in a straight line
• Slow gestures
• Distracted behaviour
• Slow responses to questions
• Tendency to fall asleep
• Increased feelings of sadness
• Signs of aggression
• Incessant and exaggerated laughter
• Faster breathing
• Increased sweating
• Accelerated speech
• Talking loudly

Sources: SAAQ and the École nationale de police du Québec

The zero-alcohol rule set out in the Highway Safety Code applies, among other things, to:

• All holders of a license of any class (car, motorcycle, etc.) and any type of license (learner’s permit, probationary license, driver’s license) who are under 22 years of age
• Holders of a learner’s permit, regardless of age
• Holders of a probationary license who do not hold any other class of license; in other words, a person in the process of obtaining their very first license, regardless of age

To know more: Zero-alcohol for drivers under the age of 22 – SAAQ

Any person who drives a motor vehicle or operates a conveyance (including care and control) while their ability to drive is impaired by drugs commits a criminal offence under section 320.14(1)a) of the Criminal Code.

Section 320.14(1)a) Criminal Code. Anyone who commits an offence:

Operates a conveyance (motor vehicle, boat) while their ability to drive is impaired to any degree by the influence of alcohol, drugs, or a combination of both.

A person can also be charged with a criminal offence if they drive with a certain concentration of drugs in their blood.

Here are three offences related to drug presence in the blood:

Anyone who commits an offense:

Section 320.14(1)c) Criminal Code (Combined offense – drugs)

Subject to paragraph (6), within two hours after ceasing to operate a conveyance, the person has a concentration equal to or greater than that established by regulation for that drug:

THC: 5 ng per ml of blood

GHB: 5 mg per L of blood

Any detectable level of the following drugs:

LSD, psilocybin, psilocin, PCP, ketamine, cocaine, methamphetamine, or 6-MAM (heroin metabolite).

Section 320.14(1)d) Criminal Code (Combined offense – combination of drugs and alcohol)

Subject to paragraph (7), within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a drug concentration in their blood equal to or greater than those established by regulation for alcohol and that drug, where they are combined.

Alcohol: equal to or greater than 50 mg per 100 ml of blood
AND

THC: equal to or greater than 2.5 ng per ml of blood

Section 320.14(4) Criminal Code. Lower blood alcohol concentration (summary offense)

Subject to subsection (6), every person commits an offense who, within two hours after ceasing to operate a conveyance, has a concentration of a drug in their blood that is equal to or greater than the concentration prescribed for that drug, but less than the concentration prescribed for the purposes of paragraph (1)(c).

THC: equal to or greater than 2 ng per ml of blood but less than 5 ng per ml of blood

Key takeaway: Driving while impaired by drugs—or with certain drug concentrations in the blood—is a criminal offence under the Criminal Code, even at low levels or in combination with alcohol.

Here is how an arrest happens when caught driving under the influence or upon refusal to provide a breath or blood sample:

1. The Police Officer informs the driver of the violation at the time of the arrest.
2. The suspect is read his or her rights.
3. The officer will then search the suspect, and, according to the officer’s evaluation of the situation, the suspect may or may not be placed in handcuffs.
4. The vehicle is either impounded or seized for a 30-day period, according to the circumstances.
5. The suspect is then transported in a police vehicle to the SPVM detention centre.
6. The suspect is asked to empty his orher pockets and to remove any jewellery, belt and shoe laces. All personal effects are identified and then placed in an envelope.
7. The suspect can then call his orher lawyer or, if the suspect does not have one, a lawyer from Legal Aid or an on-call service will be appointed.
8. The suspect is then taken for a breathalyser test to provide the samples necessary to analyze his or her blood alcohol content.
9. The suspect is  then placed in a cell.

10. The Police Officers take the suspect’s photograph and digital fingerprints, unless they decide to do this at a later date.

11. The suspect signs a Promise to Appear in Court when called.

12. According to the circumstances, various administrative measures can be applied immediately:

1. Seizure of the vehicle for 30 days. if:

• the blood alcohol content (BAC) is higher than 160 mg alcohol per 100 ml of blood, or if the person refuses to provide a breath or blood sample
• OR if it is a repeat offence (2nd violation or more) the BAC is higher than 80 mg alcohol per 100 ml of blood

1. Immediate suspension of the driver's licence for 90 days or if the blood alcohol content is higher than 80 mg alcohol per 100 ml of blood, or if the person refuses to provide a breath or blood sample.

If you drive while impaired, you could be subject to stiff penalties under the Criminal Code and the Highway Safety Code.

1st offence

• Immediate licence suspension: 90 days
• Fine: $1,000
• Criminal record
• Licence revocation: 1 year or 3 years
• Risk reduction and assessment program
• Alcohol ignition interlock (depending on the situation) 

To learn more : Penalties and costs for impaired driving - SAAQ.