Driving while affected by drugs or alcohol

Every year in B.C., thousands of people operate vehicles while under the influence of alcohol or drugs. Driving while affected by alcohol or drugs is a leading cause of death. Two major laws regulate alcohol, drugs and driving in B.C.

The Criminal Code of Canada

Under the Criminal Code it’s a crime to use a motor vehicle while impaired by alcohol, drugs or both, including when the vehicle is not in motion.

Specifically, it’s a crime to drive if you have a:

• Blood alcohol content equal to or greater than 80 milligrams in 100 millilitres of blood, or
• Blood drug concentration equal to or greater than a prescribed value

For more information, see Canada’s Blood Drug Concentration Regulations.

Offences for driving while impaired by THC

There are three offences for driving while impaired by tetrahydrocannabinol (THC).

1. A summary offence where a driver has at least 2 nanograms but less than 5 nanograms of THC per millilitre of blood within two hours of driving.
2. A hybrid offence where a driver has at least 5 nanograms or more of THC per millilitre of blood.
3. A hybrid offence where a driver has a combined blood alcohol content of 50 mg of alcohol per 100 millilitres of blood (0.05 BAC) and a THC level equal to or exceeding 2.5 nanograms per millilitre of blood within two hours.

Police may demand a person give a breath or blood sample. They can also demand that a person submit to an evaluation by a Drug Recognition Expert. Police can do this when they have reasonable grounds to believe:

• A person is operating a motor vehicle while impaired, or
• Has operated a motor vehicle while impaired within the last two hours

It’s an offence to fail or refuse to follow a demand.

The Motor Vehicle Act

The Motor Vehicle Act regulates drivers and driving in B.C.

If an approved screening device shows a driver has a blood alcohol content that is equal to or greater than 0.05 police can serve them with a driving prohibition.

Police may demand a driver give a breath sample on an approved screening device (which is sometimes referred to by its acronym, ASD.) They can do this if they have a reasonable suspicion alcohol has affected the driver's ability to operate a vehicle.

The screening device will show the driver’s blood alcohol content. If alcohol is present in the driver, the device will show Warn or Fail.

Digital reading of 0-.049 blood alcohol content

• Your blood alcohol level is below the Warn range
• If you are in the Graduated Licensing Program, you may be prohibited from driving for 12-hours

Warn

If your breath sample has a blood alcohol content equal to or greater than 0.05 you face these consequences:

First time in a five-year period

• Police will seize your licence and prohibit you from driving for three days
• Police may impound the vehicle you drove for three days. You must pay the towing and storage costs
• You’ll pay a $200 penalty
• You must apply to get your licence back and pay a fee. You must also pay your debts to ICBC or the government if you want to drive again

Second time in a five-year period

• Police will seize your licence and prohibit you from driving for seven days
• Police may impound the vehicle you drove for seven days. You must pay the towing and storage costs
• You’ll pay a $300 penalty
• RoadSafetyBC may refer you to the Responsible Driver Program
• You must apply to get your licence back and pay a fee. You must also pay your debts to ICBC or the government if you want to drive again

Third time in a five-year period

• Police will seize your licence and prohibit you from driving for 30 days
• Police will impound the vehicle you drove for 30 days. You must pay the towing and storage costs
• You pay a $400 penalty
• RoadSafetyBC may refer you to the Responsible Driver Program. We may also refer you to the Ignition Interlock Program
• You must apply to get your licence back and pay a fee. You must also pay your debts to ICBC or the government if you want to drive again

Police may serve you a 90-day driving prohibition if:

• A breath sample you give on an approved screening device shows you have a blood alcohol content equal to or greater than 0.08, or
• You refuse to give a sample

Police can also recommend charges under the Criminal Code.

If you’re issued a 90-day prohibition:

• Police will seize your licence and prohibit you from driving for 90 days
• Police will impound the vehicle you drove for 30 days. You must pay the towing and storage costs
• You will pay a $500 penalty
• RoadSafetyBC may refer you to the Responsible Driver Program. We may also refer you to the Ignition Interlock Program
• You must apply to get your licence back and pay a fee. You will also have to pay any debts to ICBC or the government if you wish to drive again

See also, Immediate Roadside Prohibition Penalties.

If police charge you under the Criminal Code, they will:

• Issue you a 24-hour driving prohibition and may impound your vehicle
• Take you for an approved instrument testing at the police station. Police will issue you a 90-day driving prohibition if:
  • The test shows you have a blood alcohol content over 0.08, or
  • You refuse to give a breath sample
  • Charge you under the Criminal Code

If convicted, you face:

• At least a $1,000 fine
• A driving prohibition
• Jail time

RoadSafetyBC may also refer you to the Responsible Driver Program, the Ignition Interlock Program, or both.

Read Canada’s Impaired Driving Laws for more information

Police can ask you to go to a police station if they believe you were the driver of a vehicle involved in an incident such as a collision.

After investigating the incident, police may prohibit you from driving. They may also recommend charges against you. Your prohibition is separate from any penalties a court may impose on you.

If a police officer suspects drugs have affected your driving, they can serve you with:

• A 24-hour prohibition, or
• A 90-day administrative driving prohibition

For more information, visit Alcohol and drug related driving prohibitions and suspensions.

Drivers in the Graduated Licensing Program who use a motor vehicle with any alcohol, THC or cocaine in their system will:

• Receive a 12-hour licence suspension
• Have their driving record reviewed by RoadSafetyBC (and may receive further driving prohibitions)
• Must apply to get their licence back for any prohibition longer than 24 hours and pay a fee

Novice drivers must start their 24-month (N) licensing period over again. Learners (L) must reattempt all testing.

For more information, see our Driver Improvement Program page.