With the 20th of April approaching, now is a good time to stay up to date on the laws regarding driving under the influence. To keep our roads safe, the Ontario government enforces a set of strict drug-impaired driving laws for those caught driving under the influence. The current laws focus on stronger enforcement regarding drug use on the road. Depending on your driving situation and licence class, it is important to know these laws and how they can impact you. This is key to making sure you and others remain safe! Let’s take a look below:
What is Drug-Impaired Driving in Ontario?
Drug-impaired driving in Ontario (and anywhere else) occurs when you operate a vehicle while under the influence of cannabis or other drugs, as per The Cannabis Act. This includes cars, trucks, snowmobiles, off-road vehicles, or motorcycles. Similar to alcohol, drug use can impair concentration, as well as rational and responsible thinking. This can lead to serious injuries when operating a vehicle. Even if you think it’s just a little bit, it’s important to never get behind the wheel after consuming cannabis or any drug. Ever since the legalization of marijuana, Ontario’s Minister of Transportation has approved a saliva screening device. Known as the Dräger DrugTest 5000 and similar devices, this system can detect marijuana presence in a person’s body through an oral test.
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Young Drivers With Little Experience and Drugs
For young drivers with little to no experience (those with a G1, G2, M1, or M2 licence) and any driver under 21 years old, strict rules are in place. If you have ANY alcohol or drugs in your system, you will face an immediate roadside suspension (24 hours or 3–30 days depending on offence). There will also be a fine ranging from $250 to $450. This will escalate with repeat offences.
Can Young Drivers Have Drugs In The Car While Driving?
Additionally, novice drivers cannot have drugs in their car while driving. You can receive charges of possession or drug trafficking if cannabis is not sealed or is readily accessible in your vehicle. This law was put into place when marijuana became legalized in 2018.
Commercial Drivers and Driving High: Implications
Similar to young drivers, as a commercial driver, you must not have any alcohol or drugs in your system. Failing a drug test will mean that you’ll likely face a three-day licence suspension and a fine between $250 and $450. With the demand for commercial driving businesses, such as Uber, this law is crucial for everyone’s safety.
What Happens If You Drive High in Ontario?
For drivers not specifically targeted in the previous points, the rules mentioned below will apply. Any drug-impaired driver who tests as a fail or warning through a roadside test will get a fine between $250 and $450. If you refuse to take the test, the fine increases to $550.
Ever since the government legalized marijuana, they have had penalties in place for drivers. A DUI charge, or Driving Under the Influence, is something that all drivers are likely aware of. It is a criminal offence to operate a vehicle under the influence of alcohol with a blood-alcohol level of over 0.08. Similar laws apply to drug use.
What Are the Legal THC Limits for Driving in Ontario?
Beginning with roadside penalties, you can face charges if you have 2-5 ng (nanograms) of THC in your blood. Additionally, if you are guilty of a DUI, you will be labelled a high-risk driver. High-risk insurance is often expensive and harder to get than normal insurance. If you have a DUI or are a high-risk driver, consider a high-risk auto insurance quote from us to see if you can save money on your car insurance! We compare the rates of dozens of Ontario insurers to get you the best price for the best coverage.
How Long Does THC Affect Driving?
It’s a common misconception that THC doesn’t affect your driving skills for very long. This, however, is not the case. THC can, in fact, impair your driving for longer than most people expect, depending on the dosage, method of use and how tolerant you are to it.
For the average person, impairment from smoking or inhaling cannabis can last anywhere between 4 to 6 hours, with peak impairment taking place a half an hour to 2 hours in. For some people who don’t regularly use marijuana, impairment may last longer.
Edibles, on the other hand, can last much longer. Gummies, drinks and other goods can leave someone impaired anywhere between 6 and 12 hours, depending on tolerance. Peak impairment will generally last 2-4 hours after first ingestion.
How Drug-Impaired Driving Affects Car Insurance
Similar to driving under the influence of alcohol, a drug-impaired driving charge does much more than bring fines and licence suspensions. A drug-impaired driving charge can seriously damage your car insurance situation for years, raising premiums and creating difficulty when searching for new insurance.
Even a single offence can damage your insurance. When you get caught driving under the influence of drugs, you are likely to get labelled a high-risk driver. When this occurs, you can expect to pay double or even triple the rates you were paying prior. In some cases, insurers may also refuse to renew your policy or deny you coverage altogether. In most cases, people can expect to pay elevated insurance rates for 3 to 6 years at a minimum, sometimes even longer.
Penalties for Drug-Impaired Driving in Ontario
With a first offence of drug-impaired driving, drivers can face a licence suspension or financial penalties. And with a second or further offence, drivers can face longer licence suspensions or mandatory education on the dangers of drug use or treatment programs.
Driving while high is treated the same as drunk driving – it’s a serious offence with both immediate penalties and criminal charges. Some Immediate penalties include the following:
- Immediate licence suspension, often 90 days for serious cases
- Vehicle Impoundment, typically 7 days
- Fine of around $550
- There may be mandatory education/treatment programs you may have to attend
Drug-impaired driving is a criminal offence under the Criminal Code. If convicted, you may receive the following:
- First Offence:
- Minimum $1,000 fine
- Licence suspension (1 year)
- Mandatory programs
- Second Offence:
- A minimum of 120 days of jail time exists; however, this depends on:
- BAC/THC level
- prior convictions
- harm caused
- License suspension (up to 3+ years)
- A minimum of 120 days of jail time exists; however, this depends on:
- Third Offence:
- Minimum 120 days of jail time exists; however, this depends on:
- BAC/THC level
- prior convictions
- harm caused
- Possible lifetime licence ban
- Minimum 120 days of jail time exists; however, this depends on:
In the event someone is hurt badly or killed, the consequences are much more dire. If major bodily harm is done and you are found at fault, you may face up to 10 years in prison. If you are deemed under the influence during an accident and kill the other driver, you are likely to receive life in prison.
What Types Of Tests Are There for Drug Impairment?
There are two main drug impairment tests police officers will use on potentially impaired drivers:
1. First, the Standardized Field Sobriety Test (SFST) is administered on the side of the road and is intended to test drivers’ sobriety levels. Testing can include:
- Walk-and-turn
- One-leg stand
- Horizontal gaze nystagmus
Officers have the right to administer this test, whether they think you are impaired by drugs, alcohol, or both, and it can result in criminal charges if found under the influence.
2. The second test police officers can administer is the Drug Recognition Expert Evaluation. Similar to the SFST, various tests will be taken roadside if a police officer believes you are under the influence of drugs. Criminal charges can also be made if the results of this test come back positive.
How to Avoid Impaired Driving
To make sure you remain safe on the roads, avoid driving impaired at all costs. This can be done by planning and making smart choices. If you plan to use cannabis, either recreationally or for medicinal reasons, always arrange for a designated driver. Alternatively, turn to a cab, Uber, or take public transit.
Knowing your limits when using cannabis is critical to making sure you stay safe. Wait out 6-8 hours when smoking marijuana, or 8-12 hours when ingesting it. If you feel any grogginess or are unfocused, don’t get behind the wheel of a car! Instead, wait it out or resort to another method of transportation. Getting behind the wheel while impaired is never worth the risk.
We hope this article helps you understand drug-impaired driving laws in Ontario. Stay sober, stay safe on the roads, and don’t drive high!
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