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Home / Individuals / Road safety / Drive Right safety tips / Legislation for drug-impaired driving
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Legislation for drug-impaired driving

Impaired driving includes driving after consuming alcohol as well as driving while impaired by any drug.

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Impaired drivers are among the most dangerous and unpredictable individuals on our roads. Impaired driving includes driving after consuming alcohol as well as driving while impaired by any drug.

Each year on average, there are nearly 3,500 convictions related to impaired driving. Of those:


  • over 2,600 are for impaired driving
  • 36 for impaired driving causing bodily harm
  • a handful for impaired driving causing death

Every year in Saskatchewan, drug-impaired drivers cause 3 deaths and 40 injuries.

New legislation

New Canadian Criminal Code legislation came into effect on July 2, 2008, which provides clear tools for law enforcement to identify, charge, prosecute and sanction drug-impaired drivers. These tools are similar to what is available to identify alcohol-impaired drivers.

This new legislation is a result of rising rates of drug-impaired driving in Canada. Canadian studies indicate that drugs, often in combination with alcohol, are detected in up to 30% of fatally injured drivers.

A 2004 survey indicates that 5% of Canadian drivers got behind the wheel within 2 hours of using cannabis, a 50% increase when compared to similar statistics from 1989. Among 16 to 18 year-olds, 21% reported driving after using cannabis. 20% reported driving after using alcohol.

Mandatory breath test

Before this new legislation, a police officer who suspected a driver of being impaired by drugs could only request that the driver undergo voluntary testing, with no punishment if the driver refused. Now, refusing a request for a drug evaluation is equivalent to declining a breath test for alcohol and is a Criminal Code offence.

Police who suspect a driver of being impaired by any drug (licit or illicit, prescription or over-the-counter) can request that a driver complete a Standardized Field Sobriety Test. This is a roadside test of physical coordination. If found to be impaired, the driver must submit to a mandatory Drug Evaluation and Classification (DEC) assessment, which is a 12-step process that requires the driver to provide a blood, saliva or urine sample. The DEC assessment is conducted by a Drug Recognition Expert, a DEC-trained community police officer, and takes 45 to 60 minutes to complete.

A refusal or failure to comply with a request to complete an evaluation carries the same immediate roadside suspension as failing or refusing to provide a breath test. Your driver's licence can be suspended from 24 hours to 90 days.

The DEC program has been operating in Canada for 13 years, but only in cases where drivers agree to participate.

Impaired driving could be costly

If you choose to drive while impaired, you could face new penalties under the law, including:

  • a minimum fine of $1,000 for the 1st offence;
  • imprisonment of no less than 30 days for the 2nd offence; and
  • imprisonment of no less than 120 days for each subsequent offence

Impaired drivers who cause a collision that result in bodily harm can face a maximum 10-year sentence, and could face a life sentence if the collision results in death.

You could lose your licence

Anyone convicted of operating a vehicle under the influence of drugs, alcohol or both will be prohibited from driving a vehicle for 1 to 3 years for the 1st offence and 2 to 5 years for the 2nd offence.

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