If you’re like many Canadians, you might assume that impaired driving charges in Canada only apply to those under the influence of alcohol or illegal drugs. In reality, impairment can result from a wide range of substances. And yes, this includes prescription medication.
If a person operates a motor vehicle while their ability to drive is affected by a legally prescribed drug, they can still face a criminal charge under Canadian impaired driving laws.
Impaired Driving Laws in Canada
Under section 320.14 of the Criminal Code, it is an offence to operate a vehicle while impaired by alcohol, drugs, or a combination of both. The term “drug” includes not just street drugs but also prescription medications and over-the-counter substances that impair mental or physical faculties.
This means that even if you have a valid prescription, you can still be charged with impaired driving if the drug affects your ability to operate a motor vehicle safely.
The law does not differentiate between impairment from illegal drugs and impairment from prescribed substances.
The key issue is whether the drug caused a degree of impairment that affected driving performance. If an officer believes that a driver’s ability is compromised, charges may follow, even if the drug was taken in accordance with medical advice.
What Prescription Drugs Can Lead to Impairment?
There are all kinds of commonly prescribed medications that have the potential to impair drivers.
Here are just a few examples:
- Opioid-based painkillers
- Sleep aids
- Anti-anxiety medication such as benzodiazepines
- Antidepressants
- Muscle relaxants
- Certain allergy medications
These drugs may cause drowsiness, slowed reaction time, poor coordination, or blurred vision. Any of these effects can be dangerous behind the wheel and may lead a police officer to investigate a driver for impairment.
How Impairment Is Determined
Unlike alcohol, where legal limits are measured by blood alcohol concentration, impairment from prescription drugs is more difficult to quantify. Police rely on behavioural signs and physical indicators.
A trained Drug Recognition Expert (DRE) may be called to assess the driver at the roadside or police station.
The DRE conducts a 12-step evaluation, which may include checking:
- Eye movement
- Vital signs
- Divided attention tasks
- Coordination
Officers may also request a blood sample to determine the presence and concentration of the drug. However, the presence of the drug alone is not enough to convict. The Crown must prove that the driver was impaired at the time of operation.
Legal Consequences of a Conviction
If convicted, the penalties for drug-impaired driving are the same as those for alcohol-related impaired driving.
Here are some of those potential penalties:
- Fines
- Licence suspension
- Mandatory education or treatment programs
- Possible jail time
- A permanent criminal record
The penalties become more severe with repeat offences or if the impaired driving resulted in bodily harm or death.
What to Do If You’ve Been Charged
If you’ve been charged with impaired driving after using prescription medication, you need legal representation immediately. A valid prescription is not a defence on its own. However, a defence may exist if the drug did not cause actual impairment or if proper testing procedures were not followed.
Jerry Steele at Steele Law provides experienced legal defence for impaired driving charges in British Columbia. He will review the evidence, challenge assumptions about impairment, and work to protect your driving privileges and criminal record.
Contact him now for legal representation you can rely on.
This content is for informational purposes only and does not constitute legal advice.