Police have the power to stop drivers suspected of driving while impaired by any drug and those found with illicit drugs in their oral fluid can be charged with the offence of Driving with Prescribed Illicit Drug in Oral Fluid.
- The penalty for a first offence is a $500 maximum fine and three demerit points (double demerit points apply to this offence).
- A second or subsequent offence attracts a penalty of $500-$1000 and the driver may be disqualified from holding or obtaining a driver’s licence for a minimum of six months.
Drivers found to be impaired by prescribed or illicit drugs will be prosecuted for a more serious offence; Drug Impaired Driving under the Influence of Drugs.
These offences apply where police have evidence of suspicious or erratic driving behaviour and where that suspicion is confirmed following a driver assessment and/or blood tests.
- The penalty for a first offence for either charge is a fine between $900 - $2,500 and a minimum 10 month licence disqualification.
- Second offence offenders can be fined $2,100 - $3,500 and lose their licence for 30 months or more.
- For a third or subsequent offence a fine of between $2,100 - $5,000, a permanent licence disqualification or jail for 18 months.