What Counts as Impaired Driving in Alberta?
- Impaired driving in Canada is driving while your ability is affected by alcohol or drugs or a combination of the two.
- Though it may be dangerous, driving while fatigued is not considered impaired driving under the Criminal Code
- Prescription medications, over-the-counter drugs, cannabis, and alcohol can all result in impaired driving charges.
- When in doubt, choose not to drive; a safe ride home is far less costly than an impaired driving charge.
What Does the Law Consider Impaired Driving?
You may have heard people say that driving while tired is the same as driving while drunk. While fatigue can affect your reaction time and judgment, that statement does not accurately reflect Canadian law.
Knowing what qualifies as impaired driving will help you understand your legal responsibilities and the risks you face when you get behind the wheel. The law is focused on the cause of the impairment and the degree to which your ability to drive was affected.
Fatigue Is Not Impaired Driving Under the Criminal Code
Driving while extremely tired is dangerous and may put you and others at risk. However, fatigue by itself does not meet the legal definition of impaired driving under the Criminal Code of Canada.
That does not mean there are no consequences. If your fatigue causes you to drive in an unsafe manner, you may face accusations such as dangerous driving or driving without due care and attention. If an accident occurs and someone is injured or worse, the consequences may be almost as severe as if you had been under the influence of intoxicating substances.
Alcohol and Drugs Are the Main Focus of Impaired Driving Laws
Impaired driving charges are not limited to alcohol consumption. You may be charged if your ability to operate a vehicle is impaired by alcohol, drugs (both medicinal and recreational) or a combination of drugs and alcohol.
The law looks at whether your driving ability has been affected. It does not matter whether the substance involved is legal or illegal.
Prescription Medication Can Lead to Impaired Driving Charges
Many people associate drug impairment with illegal substances such as cocaine or methamphetamine. However, prescription medications and even some over-the-counter products can also affect your ability to drive safely.
Sleep aids, anxiety medications, pain medications, and other drugs that affect the central nervous system can cause drowsiness, slower reactions, or reduced awareness. When combined with alcohol, the effects can be even more significant.
Pay Attention to Medication Warnings
If your prescription bottle contains a warning not to operate heavy machinery, you should assume that warning applies to driving. Your vehicle is considered heavy machinery for practical legal purposes.
Even if you feel that you can drive, the medication may still affect your judgment, reaction time, or concentration. Ignoring those warnings may increase the likelihood of an impaired driving investigation.
Cannabis Is Legal, but Driving While Under the Influence of It Is Not
Cannabis is legal in Canada, but that does not give you permission to drive after using it. If cannabis affects your ability to operate a vehicle, you may face impaired driving charges.
Cannabis can reduce reaction time, affect focus, and alter your perception of speed and distance. Combining cannabis with alcohol can increase those effects, even when each substance is consumed in small amounts.
When in Doubt, Stay Off the Road
If there is any question about whether alcohol, medication, cannabis, or another substance could affect your ability to drive, the safest decision is not to get behind the wheel. A ride home costs far less than dealing with an impaired driving charge.
FAQs
Can I be charged with impaired driving if I am only tired?
No. Fatigue alone is not considered impaired driving under the Criminal Code. However, unsafe driving caused by fatigue can result in other charges.
Can prescription medication lead to an impaired driving charge?
Yes. If a prescription medication affects your ability to drive safely, you may face impaired driving allegations even if the medication was legally prescribed.
Is it legal to drive after using cannabis?
You may not drive if cannabis has impaired your ability to operate a vehicle. The fact that cannabis is legal does not change impaired driving laws.
Admitted to the Alberta bar in 2002, Shannon thrived in the realm of criminal law, particularly in impaired driving and DUI cases. Her dedication has taken her to the Supreme Court of Canada on numerous occasions, highlighting her expertise in impaired driving litigation.
Shannon’s training on various Intoxilyzer models, along with her proficiency in drug recognition for drug-impaired driving, makes her a formidable legal advocate. Her recent passion for Collaborative Family Law showcases her commitment to peaceful resolutions in family disputes.
