Ottawa

Kanata

Almonte

Iqaluit

(613) 230 5787
Schedule a Telephone Call

How Does Drug-Impaired Driving Differ From Alcohol-Impaired Driving?

How Does Drug-Impaired Driving Differ From Alcohol-Impaired Driving?
Trisha Trisha
BlogCriminal Lawyer Ottawa
October 29, 2026

Quick Overview

  • Drug-impaired driving can be charged in two ways: proving you were impaired by a drug, or proving your blood drug level was at or above a set limit, with no proof of impairment needed
  • Cannabis has two levels: 2 ng/mL to under 5 ng/mL of THC, a summary offence, and 5 ng/mL or more, a hybrid offence
  • Police use different tools for drugs: roadside drug screening equipment, field sobriety tests and a 12-step evaluation by a Drug Recognition Expert, which ends with a toxicological sample
  • Prescription and over-the-counter medication count as drugs for impaired driving purposes, according to the Ministry of Transportation
  • On conviction, the penalties are the same as for alcohol, according to the Ministry of Transportation, with one lower-tier exception for THC
  • Ontario can suspend your licence for 90 days at the roadside for failing to comply with a demand for drug testing or performing poorly in a Drug Recognition Expert evaluation, and for 7 days or more for failing a field sobriety test

Two Ways to Be Charged

According to Justice Laws, section 320.14 of the Criminal Code sets out the main impaired driving offences, and they work the same way for alcohol and drugs in one respect and differently in another.

Impaired by a drug (s. 320.14(1)(a)). It is an offence to operate a conveyance while your ability to do so is impaired to any degree by alcohol, a drug or a combination. The Crown must prove impairment, usually through how you were driving, your physical signs, your performance on field sobriety tests and any evaluation by a Drug Recognition Expert.

Over a prescribed blood drug concentration (s. 320.14(1)(c)). It is also an offence to have, within two hours after you stopped operating the conveyance, a blood drug concentration at or above the limit set in the regulations. The Crown does not have to prove impairment. This works like the “over 80” offence for alcohol. A separate provision, s. 320.14(1)(d), covers the combination of alcohol and a drug at set levels.

Our article on the difference between a warn range and an over 80 charge explains the alcohol side.

The Blood Drug Limits

According to the Blood Drug Concentration Regulations, the limits are:

  • THC, 2 ng/mL but under 5 ng/mL of blood: a summary conviction offence (s. 320.14(4); Regulations, s. 1)
  • THC, 5 ng/mL or more: a hybrid offence
  • THC at 2.5 ng/mL or more together with alcohol at 50 mg or more per 100 mL of blood: a hybrid offence
  • GHB, 5 mg/L of blood: a hybrid offence
  • LSD, psilocybin, psilocin, PCP, 6-MAM, ketamine, cocaine and methamphetamine: any detectable level

Under section 2 of the Blood Drug Concentration Regulations, the prescribed level for the second group is “any detectable level.” The lower THC tier is a summary conviction offence with a maximum fine of $1,000, according to the Criminal Code’s penalty provisions, which is why it is treated more lightly than the higher tier.

How Police Investigate

Drug cases follow a longer path than alcohol cases, where police rely mainly on breath testing. According to the Ministry of Transportation, police have tools and tests to detect impaired drivers, including roadside drug screening equipment and sobriety tests. According to Tribunals Ontario, the demands police can make under sections 320.27 and 320.28 of the Criminal Code include a demand for a sample of breath, blood, oral fluid or urine, for physical co-ordination tests, or to submit to an evaluation.

The evaluation by a Drug Recognition Expert is a 12-step process that ends with a toxicological sample, according to Osgoode Hall Law School’s The Court.

Refusing a lawful demand without a reasonable excuse is a separate offence under section 320.15, according to Justice Laws. Our guide to refusing a breathalyzer test and our article on what happens during an impaired driving investigation explain how these demands work in practice.

Prescriptions and Over-the-Counter Medication

A prescription is not a shield. According to the Ministry of Transportation, impaired driving means operating a vehicle while your ability to do so is compromised to any degree by alcohol, drugs or a combination of the two, and the drugs it covers include cannabis, over-the-counter drugs, prescription medication and illegal substances. If you take medication that affects your driving, talk to your doctor or pharmacist about whether you should be driving.

According to Justice Laws, the Criminal Code also contains a limited exception to the blood drug concentration offences (s. 320.14(6)) where you consumed the drug after you stopped driving and had no reasonable expectation of being required to provide a sample. It does not apply to the impaired driving offence in s. 320.14(1)(a).

Penalties on Conviction

According to the Ministry of Transportation, the penalties for cannabis-impaired driving are the same as for alcohol-impaired driving. Under section 320.19 of the Criminal Code, a first offence under s. 320.14(1) carries a mandatory minimum fine of $1,000, and a first refusal offence under s. 320.15(1) carries a minimum of $2,000. A second offence carries 30 days in jail and each later offence carries 120 days. A driving prohibition and a criminal record follow a conviction. The lower THC tier is treated differently: it is a summary conviction offence punishable by a fine of not more than $1,000 (s. 320.19(2)). Our article on the penalties for a first impaired driving conviction goes through the details and the Ontario licence consequences.

Ontario Roadside Consequences

According to the Ministry of Transportation’s impaired driving page, Ontario applies these penalties before any court case:

  • Failing to comply with, or refusing, a demand for alcohol or drug testing, or performing poorly in a Drug Recognition Expert evaluation: a 90-day licence suspension, a 7-day vehicle impoundment, an 8-hour education course on a first occurrence and a $550 penalty
  • Failing a standard field sobriety test (alcohol, drugs or both): a 7-day suspension on a first occurrence, 14 days on a second and 30 days on a third, with a program requirement and an administrative penalty each time

The Ministry says the 7 and 14-day suspensions increased from 3 and 7 days on January 1, 2026. You must also pay a licence reinstatement fee each time your licence is suspended. According to Ontario.ca, the fee is $281.

Drivers aged 21 and under, drivers with a G1, G2, M1 or M2 licence and commercial drivers must have no alcohol and no drugs in their system, according to the Ministry. From July 1, 2026, a driver convicted of impaired driving who has had an ignition interlock device removed is also subject to a “P” condition for at least six months, which means no alcohol and no drugs while driving. Our articles on the 90-day roadside licence suspension and the ignition interlock program explain these in more detail.

Challenging a Drug-Related Suspension

You can appeal a 90-day suspension to the Licence Appeal Tribunal, but the grounds are narrow. According to Tribunals Ontario, for a drug-related suspension you must show either that you are not the person who was subject to the demand or evaluation, or that you were not impaired by a drug or a combination of a drug and alcohol and a medical condition affected your performance on the evaluation. A medical report from a doctor linking the condition to your performance is normally needed. The filing fee is $106, and the deadline is the one stated in the decision you receive. It is short, so check it right away. Arguments about the officer’s conduct or about hardship are not grounds of appeal.

What the Courts Look At

Because drug cases depend more on an officer’s judgment, defence lawyers typically look at whether the officer had the suspicion or grounds required, whether each demand was lawful and was complied with, how the evaluation was carried out, and whether any Charter rights were breached.

One leading case concerns Drug Recognition Expert evidence. In R. v. Bingley, 2017 SCC 12, the Supreme Court of Canada considered whether a DRE’s opinion is automatically admissible. According to Law Times, it held that the Criminal Code provision then in force did not make the opinion automatically admissible, so the common law rules for expert evidence apply, but a judge does not have to hold a separate hearing where the requirements for admitting expert evidence are met. Osgoode Hall Law School’s The Court reports that the decision turned on whether a DRE has the special expertise needed. The case was decided under the earlier law, and a lawyer can explain how it applies to a charge today.

Cannabis in the Vehicle

Ontario also regulates cannabis you are carrying. According to the Cannabis Control Act, 2017, no one may drive or have care or control of a vehicle or boat with cannabis in it, unless the cannabis is in its original packaging and has not been opened, or is packed in baggage that is fastened closed or is otherwise not readily available to anyone in the vehicle or boat (s. 12(1)). This is a provincial offence and applies whether or not you are impaired.

Time Limits to Know

  • Per se blood concentration offences: the level counts if you had it within two hours after you stopped driving
  • Ontario suspension: 90 days for failing to comply with, or refusing, a demand, or for performing poorly in a Drug Recognition Expert evaluation, and 7, 14 or 30 days for field sobriety test failures
  • Appeal to the Licence Appeal Tribunal: by the deadline stated in your decision

Getting Legal Advice

A drug-impaired driving charge involves more steps than an alcohol charge, and more points where the evidence can be tested. LMS Lawyers represents Ottawa drivers charged with impaired driving and facing licence consequences. You can contact Impaired Driving Lawyers Ottawa at LMS to review your charge, your notice of suspension and the deadlines that apply.

FAQs

Can I be charged with drug-impaired driving without being impaired?
 Yes. If your blood drug concentration within two hours of driving is at or above the prescribed level, the offence is made out without proof of impairment.

What is the THC limit for driving in Canada?
 There are two levels: 2 ng/mL but under 5 ng/mL, which is a summary conviction offence, and 5 ng/mL or more, which is a hybrid offence. The combined limit is 2.5 ng/mL of THC with 50 mg of alcohol per 100 mL of blood.

How do police test for drug-impaired driving?
 Police can use roadside drug screening equipment and sobriety tests. A demand can also require a sample, physical co-ordination tests or an evaluation by a Drug Recognition Expert.

Is a prescription a defence?
 No. According to the Ministry of Transportation, the drugs covered by impaired driving laws include prescription and over-the-counter medication.

Are the penalties the same as for alcohol?
 Yes, according to the Ministry of Transportation, apart from the lower THC tier, which is a summary conviction offence punishable by a fine.

Can I appeal a 90-day suspension for a drug-related reason?
 Yes, to the Licence Appeal Tribunal, but only on narrow grounds. The deadline is stated in your decision.

Summary

Drug-impaired driving can be charged either by proving impairment or by showing a blood drug level at or above a set limit, which for THC has a lower summary tier and a higher hybrid tier. Police investigate with roadside drug screening equipment, field sobriety tests, a 12-step evaluation by a Drug Recognition Expert and a toxicological sample. Prescription medication counts as a drug for these purposes, and the penalties on conviction match those for alcohol apart from the lower THC tier. Ontario adds a 90-day roadside suspension and a 7-day impoundment for failing to comply with or refusing a demand, or performing poorly in a Drug Recognition Expert evaluation, and shorter suspensions for failed field sobriety tests. An appeal is possible only on narrow grounds. LMS Lawyers can review your charge and the evidence against you.

Sources

This article is intended for general information purposes only and describes federal and Ontario law as of October 2026. It does not constitute legal advice and does not create a lawyer-client relationship between LMS Lawyers and the reader. For advice specific to your situation, please consult a licensed lawyer.

Trisha
Trisha

Trisha is an Ottawa-based content writer with 7+ years of hands-on experience working with law firms, focused on making legal topics clear and easy to understand.

Related Posts
Close
Search

Hit enter to search or ESC to close