What the Law Says

Driving while impaired by alcohol is a dangerous behaviour that is severely punished under the Criminal Code and the Highway Safety Code.

The criminal code in brief

The Criminal Code is a federal law that applies in all Canadian provinces and territories. It sets out the rules and penalties that apply in the event of driving offences involving alcohol and drugs (including some types of medication), prison time, fines, driving prohibition periods, etc.

Under the criminal code, you could be arrested and convicted if:

Your blood alcohol concentration is equal to or over 80 mg of alcohol per 100 ml of blood (0.08)

At any time when you are driving a vehicle, a police officer can pull you over and order you to blow into an approved screening device or, if he or she suspects you have consumed alcohol, submit you to roadside physical coordination tests. Based on the results, the police officer may arrest you and take you to the police station in order to measure your blood alcohol concentration using a breathalyzer. If your blood alcohol concentration is equal to or over 80 mg of alcohol per 100 ml of blood (0.08), you could face Criminal Code charges.

You have drugs or certain medications in your blood

If a police officer suspects that you have consumed drugs or certain medications, you may be required to submit to physical coordination tests or take a saliva test. These tests are enough for the police officer to place you under arrest and require that you provide a blood sample.

If your blood sample contains a concentration of THC (the main active ingredient in cannabis) that is equal to or above the concentration prescribed by federal regulation, you could face Criminal Code charges. The prescribed blood drug concentrations for cannabis are as follows:

• 2 nanograms of THC per millilitre of blood
• 5 nanograms of THC per millilitre of blood
• 2.5 nanograms of THC per millilitre of blood, combined with a blood alcohol concentration equal to or over 50 milligrams of alcohol per 100 millilitres of blood

For all other federally controlled drugs, any detectable trace at all is enough to face charges, with the exception of GHB.

Your ability to drive is impaired by alcohol, drugs or medication

Regardless of how much you have consumed, if a police officer has reasonable grounds to believe that you are impaired by alcohol or drugs (including medication) or a combination of alcohol and a drug, they can place you under arrest without having you take any tests. This means that even if your blood alcohol concentration is below 80 mg of alcohol per 100 ml of blood, you could be committing an offence.

If a police officer suspects that you have consumed alcohol, drugs or medication, you may be required to submit to physical coordination tests, to blow into an alcohol screening device or to take a saliva test. At any time when you are driving a vehicle, a police officer can pull you over and order you to blow into an approved screening device.

These tests are enough for the police officer to place you under arrest and bring you to the police station in order to have you undergo another series of tests by an evaluating officer. The evaluating officer may measure your blood alcohol concentration using a breathalyzer, if you are suspected of having consumed alcohol. If the evaluating officer concludes that your ability to drive was impaired, you could face Criminal Code charges.

You refuse to obey the orders of a peace officer

Failing or refusing to submit to the tests ordered by a police officer is a criminal offence that automatically results in the stiffest penalties.

The highway safety code in brief

The Highway Safety Code (HSC) is a provincial law that applies only in Québec. It sets out administrative measures and penalties that can be imposed for impaired driving.

These measures also apply to off-road vehicles travelling on public roadways, trails and any other area of use where the HSC does not apply.

If your blood alcohol concentration is equal to or over 80 mg of alcohol per 100 ml of blood (0.08)

• Immediate licence suspension for 90 days
• Immediate seizure and impoundment of the vehicle for 90 days, in the case of a repeat offence
• Following a criminal conviction: revocation of your driver’s licence and imposition of conditions you must meet to obtain a new licence

If your blood alcohol concentration is equal to or over 160 mg of alcohol per 100 ml of blood (0.16)

• Immediate licence suspension for 90 days
• Immediate seizure and impoundment of the vehicle for 30 days (90 days, in the case of a repeat offence)
• Program to assess and reduce the risk of impaired driving⁠ ⁠ (website in French only)
• Alcohol ignition interlock device (depending on the situation)
• Following a criminal conviction: revocation of your driver’s licence and imposition of conditions you must meet to obtain a new licence

Refusing to obey the orders of a peace officer

• Immediate licence suspension for 90 days
• Immediate seizure and impoundment of the vehicle for 30 days (90 days, in the case of a repeat offence)
• Program to assess and reduce the risk of impaired driving⁠ ⁠ (website in French only)
• Alcohol ignition interlock device (depending on the situation)
• Following a criminal conviction: revocation of your driver’s licence and imposition of conditions you must meet to obtain a new licence

Zero alcohol for drivers under age 22 (all licence classes), learner drivers and holders of a probationary licence (regardless of age)

• Immediate licence suspension for 90 days
• 4 demerit points
• Fine of $300 to $600

Zero Alcohol for Drivers of a Bus, Minibus, Taxi or Vehicle Comparable to a Taxi

• Prohibition from driving these kinds of vehicles for 24 hours

Blood alcohol concentration equal to or over 50 mg per 100 ml of blood (0.05) for heavy vehicle drivers

• Prohibition from driving these kinds of vehicles for 24 hours

Impaired Driving Due to Drugs or Medication, or Due to a Combination of Alcohol and Drugs (Failing the Tests Carried Out by an Evaluating Officer at the Police Station)

• Immediate licence suspension for 90 days
• Immediate seizure and impoundment of the vehicle for 90 days, in the case of a repeat offence
• Following a criminal conviction: revocation of your driver’s licence and imposition of conditions you must meet to obtain a new licence