What Are The Penalties

The Following Penalties Will Apply Under the Drug Driving Legislation

Offence: Driving with the presence of a prescribed illicit drug
Offence: Failure to comply with requirement for sample of Oral Fluid or Blood for drug testing

Penalties are as follows:

* Demerit points are doubled on long weekends and other prescribed holiday periods.


Offence: Driving while impaired by a drug
Offence: Failure to comply with requirement for driver assessment or provision blood or urine for drug analysis

Penalties are as follows:

* Nine months imprisonment is an option to fines.
** Eighteen months imprisonment is an option to fines.
 

Mandatory Sentencing of Drug Impaired Driving Offenders

Mandatory assessments will be required for all offenders charged with a drug impaired driving offence and a treatment condition will be imposed for those convicted of driving while impaired by a drug.

Specifically:

• A court sentencing a person convicted of a driving while impaired by a drug must order a pre-sentence report.
• A court sentencing a person convicted of a first or offence must, instead of or in addition to a fine, impose either:
  • A community based order that has a program requirement as a primary requirement of the order; or
  • A youth community based order that imposes attendance conditions, if the person is a young offender.
• A court sentencing a person convicted of a second or subsequent offence must, instead of or in addition to a fine, impose either:
  • A community based order that has a supervision and program requirement or an intensive supervision order with a program requirement (these sentences won’t apply if the court imposes a custodial sentence); or
  • A youth community based order or intensive youth supervision order that imposes attendance and supervision conditions, if the person is a young offender (these sentences won’t apply if the court imposes a custodial sentence).