Impaired Driving

Impaired driving is when your ability to operate a motor vehicle is impaired by a substance, such as alcohol or drugs.

Penalties for a first offence are:

Canada-wide licence suspension for an average of one year
Minimum $1,000 fine – fines increase with additional offences
Higher insurance costs
Possible cross-border travel implications

Alberta also has Immediate Roadside Sanctions (IRS) that apply to impaired driving under the Traffic Safety Act.

For an overview of provincial penalties, visit the Government of Alberta website.

Reporting a suspected impaired driver

If you see a driver who appears to be impaired, call 911 immediately. Do not attempt to follow the driver or put yourself at risk.

How much can I consume and still drive?

The only safe level is zero.

Alcohol and drugs affect people differently, and several factors can increase the effects on an individual.

Research from the Canadian Centre of Substance Use and Addiction shows:

On average, cannabis use doubles the risk of being involved in a collision
Cannabis can reduce the ability to:
- Track moving objects
- Process multiple sources of information
- Respond to sudden changes on the road

The risk of collision greatly increases if cannabis is consumed with alcohol.

How police determine impairment

Alcohol or drug impairment

If an officer has a reasonable suspicion to believe a driver is impaired, they can require:

A roadside sobriety test, conducted by a trained evaluating officer
A drug recognition expert (DRE) evaluation, if drug impairment is suspected

Drug Recognition Evaluation (DRE)

The DRE test involves a 12-step evaluation which includes:

Measuring the driver’s blood pressure
Pupil size
Body temperature
Pulse
Eye’s reaction to light
Eye movement tests
Divided-attention tests

There are three outcomes expected of a completed evaluation:

The driver is determined to be impaired by one of seven drug categories:
- CNS depressants (e.g. valium)
- Inhalants (e.g. glue, gasoline)
- Dissociative anesthetics (e.g. dextromethorphan, PCP)
- Cannabis
- CNS stimulants (e.g. cocaine, methamphetamine)
- Hallucinogens (e.g. LSD, psilocybin)
- Narcotic analgesics (e.g. oxycodone, morphine, fentanyl)
The driver is determined not to be impaired
The driver is determined to have a medical condition

If impairment is confirmed, the officer will request a blood or urine sample for lab testing. Charges and provincial sanctions may follow based on the results.

Testing Devices

Alco-Sensor FST: approved screening device to detect the presence of alcohol
Intox EC/IR II: instrument that provides the amount of alcohol in the person’s body.

Refusing sobriety or DRE tests

If you refuse a field sobriety test or DRE evaluation, you can be charged under the Criminal Code. Penalties match those for refusing a breath test.

Frequently Asked Questions

Can I be arrested for driving under the influence of a prescription drug?

Yes. If the drug impairs your ability to drive, you can be charged, even if it was prescribed. Some prescription drugs have warning labels specifically prohibiting the operation of a motor vehicle.

Do I have to give a breath sample?

Yes. Refusing a Criminal Code demand for a sample is an offence with penalties equal to impaired driving.

Can smoking, gum or a coin under the tongue trick the machine?

No. Officers check for foreign objects before testing, and devices detect alcohol only.

Can you receive an impaired on a bicycle?

No. Impaired driving laws apply only to motor vehicles. However, alcohol can impair balance and reaction time, making cycling unsafe.

Other consequences may still apply under the Alberta Gaming, Liquor and Cannabis Act, such as public intoxication or consuming alcohol in a public place.

Can I be impaired the morning after drinking?

Yes. Alcohol leaves the body slowly. If you went to bed with a high blood alcohol concentration, you may still be impaired hours later.