What is impaired driving?
Impaired driving is the criminal offence of operating or having care or control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug.
Additionally, there are legal and administrative blood alcohol concentration (BAC) limits. The maximum legal blood alcohol concentration (BAC) for fully licensed drivers is to be under 80 milligrams of alcohol in 100 milliliters of blood, or a ‘BAC of 0.08 BAC.' Driving with a BAC of 0.08 or over is a criminal offence and the penalties are severe. In Ontario, you will also face serious consequences if your BAC is between 0.05 and 0.08. This is commonly referred to as the ‘warn range.'
If police determine that you are driving while impaired by any drug, including illegal drugs, cannabis, prescription, and over-the-counter medications, you will face severe consequences and criminal charges.
Drivers age 21 or under, novice drivers of any age (with G1, G2, M1, or M2 licences), and commercial motor vehicle operators must not have any presence of alcohol or drugs in their blood when behind the wheel. This is commonly referred to as the ‘zero tolerance' rule. If police determine that you have the presence of cannabis or alcohol in your system and/or that you are impaired by any substance, including illegal drugs, prescription drugs, or over-the-counter medications, you will face severe consequences and potential criminal charges.
Signs of an Impaired Driver:
According to MADD Canada, 10 possible signs of impaired driving are:
- Driving unreasonably fast, slow, or at an inconsistent speed
- Drifting in and out of lanes
- Tailgating and changing lanes frequently
- Making exceptionally wide turns
- Changing lanes or passing without sufficient clearance
- Overshooting or stopping well before stop signs or stop lights
- Disregarding signals and lights
- Approaching signals or leaving intersections too quickly or slowly
- Driving without headlights, failing to lower high beams, or leaving turn signals on
- Driving with windows open in cold or inclement weather
How does an Officer Determine if an Individual is Impaired by Alcohol?
An officer can arrest for impaired based on an assessment of driving and physical evidence. Officers may also conduct roadside testing to assist in the formation of grounds.
Mandatory Alcohol Screening: Upon conducting a lawful traffic stop, an officer in possession of a roadside screening device may make a valid breath demand and require the driver to participate in a roadside breath test.
Regardless of whether you have actually been drinking, an officer has the authority to demand a breath sample of any person that is currently driving or occupying the driver's seat of a vehicle. The process of providing a roadside sample also requires that the officer has the device with them. The process of providing a breath sample is brief and will only take a few minutes.
Refusing a demand for a breath sample is a criminal offence whether you have been drinking or not. Upon conviction, you could face the same penalties as if you had been driving over the legal BAC limit. In addition to the criminal charge, your licence will be suspended at the side of the road for 90 days and the vehicle you are driving will be impounded for seven days.
How does an Officer Determine if an Individual is Impaired by Drug?
Impaired driving is impaired driving, whether the impairment is by alcohol or by drug.
If an officer has formed the opinion that a driver is impaired by a drug, then an accredited Drug Recognition Expert (DRE) will be called in to determine if the driver is impaired. The DRE test involves a multi-step evaluation which includes:
- Measuring the driver's blood pressure
- Pupil size
- Body temperature
- Pulse
- Eye's reaction to light
- Horizontal Gaze Nystagmus test
- Vertical Gaze Nystagmus test
- Divided attention tests
The officer will make a demand for the driver to submit a urine sample. Failing to comply with this demand is also a criminal offence.
Penalties for Impaired Driving:
If police determine that you are driving while impaired you will face penalties immediately. You will also face additional consequences later if you are convicted in court. The penalties you face can vary depending on your age, licence type, the amount of alcohol or drugs in your system, and how many times you have been convicted.
Information about the penalties for impaired driving in Ontario can be found on the Ministry of Transportation website.
RIDE Programs:
The Reduce Impaired Driving Everywhere (RIDE) program serves as a deterrent against drunk driving. RIDE spot checks are conducted year-round, with increased frequency during the holidays and long weekends.