Enhanced Impaired Driving Penalties
After cannabis legalization, whether driving impaired by alcohol or cannabis, you face serious legal consequences. The Canadian government has implemented stricter impaired driving laws to address this new challenge.
Legal Limits for Alcohol and Cannabis
Alcohol Limits
- Warning Range: Blood Alcohol Concentration (BAC) 0.05-0.079
- Criminal Offense: BAC 0.08 or above
Cannabis Limits
- 2 nanograms/ml blood: Minimum criminal threshold
- 5 nanograms/ml or above: More severe penalties
- Alcohol and cannabis combined: BAC 0.05 + 2.5 nanograms THC
Penalty Levels
First Offense
- Minimum $1,000 fine
- License suspension for at least 1 year
- Possible imprisonment (up to 10 years)
- Criminal record
- Mandatory ignition interlock installation
Second Offense
- Minimum 30 days imprisonment
- License suspension for at least 3 years
- Higher fines
- Longer ignition interlock requirements
Third and Subsequent Offenses
- Minimum 120 days imprisonment
- License suspension for at least 6 years (possibly lifetime)
- Possible sentence up to 10 years imprisonment
Causing Bodily Harm or Death
If impaired driving causes injury or death, consequences are extremely serious:
- Causing Bodily Harm: Up to 14 years imprisonment
- Causing Death: Up to life imprisonment
Roadside Testing
Police are now equipped with:
- Breathalyzers (alcohol detection)
- Saliva testing devices (cannabis detection)
- Standardized Field Sobriety Tests (SFST)
- Drug Recognition Expert (DRE) evaluations
Mandatory Alcohol Screening (MAS)
Since 2018, police have authority to demand breath samples from any lawfully stopped driver, even without suspicion. Refusing the test is itself a criminal offense.
Refusing to Provide a Breath Sample
Penalties for refusing or failing to provide breath, blood, or saliva samples are the same as impaired driving:
- First time: Minimum $2,000 fine
- Second time: Minimum 30 days imprisonment
- Third time: Minimum 120 days imprisonment
Defense Strategies
When facing impaired driving charges, possible defenses include:
- Challenging accuracy of breath or drug tests
- Examining legality of police procedures
- Charter of Rights violations
- Chain of evidence issues
- Calibration and maintenance records
- Reasonable doubt defense
Why Professional Legal Help is Needed
Impaired driving cases involve:
- Complex scientific evidence
- Strict procedural requirements
- Constitutional rights issues
- Serious long-term consequences
Our legal team has extensive experience with impaired driving cases, including both alcohol and cannabis-related matters. We will protect your rights and pursue the best possible outcome.