Crime & Police

Drunk and Drugged Driving

Crime Driving Drugs/Alcohol Police Basic Rights

Last Reviewed:

June, 2025

Reviewed By:

JES Legal Specialist

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BIG IDEA

There are serious consequences to impaired driving. Always plan a safe way to get home if you intend to drink or use drugs.

Hot Tip

If you have an L or an N you can’t have any alcohol or drugs in your system while driving. If you have your full license you cannot drive impaired. Drivers with blood alcohol content of 0.05 or more can face penalties or driving prohibitions.

Safety

If you suspect someone is driving under the influence, you can report it to the police by calling 911, potentially saving lives.

 

 

What about using marijuana and driving?

Police can demand a fluid sample if they reasonably suspect that the driver has drugs in their body. If they have reasonable grounds to believe you are driving while high they can ask for additional testing such as a blood sample.

Penalties for cannabis-impaired driving depend on the amount of tetrahydrocannabinol (THC) and/or alcohol in your system, and the number of times you’re charged. You could face fines to more serious criminal consequences if you are found guilty.

Dig Deeper

Cannabis legalization: What the laws mean for drivers from ICBC and Alcohol and drug related driving prohibitions and suspensions from the Province of BC

Police can issue a 24 hour prohibition without demanding a breath sample

They need to have reasonable grounds to believe that:

  • Alcohol or drugs have affected your ability to operate a motor vehicle, and
  • You had care or control of a vehicle (you don’t even have to be driving the car!)

They can also impound your vehicle for 24 hours and you must pay all towing and storage fees.

If you believe drugs or alcohol did not affect your ability to drive, you can ask police for a prescribed physical coordination test or a to test your blood alcohol content.

Hot Tip

If you want to dispute your driving prohibition you only have 7 days to ask for a review. They DO NOT accept late applications, so act fast!

You can apply for the review of driving prohibitions online here.

For 24 hour prohibitions, complete the Application for Review of a 24-Hour Prohibition available from any ICBC driver licensing office.

Police officers can demand a sobriety test from any driver they suspect with alcohol/drugs in their body

If you’re driving , or were within the previous 3 hours, and the police have reason to suspect you have alcohol and/or drugs in your body, they can demand you:

  • Provide a sample of your breath, at roadside, on an Approved Screening Device (ASD)
  • Provide an oral fluid sample, at roadside, on Approved Drug Screening Equipment (ADSE)
  • Participate in Standardized Field Sobriety Testing (SFST)

If you fail any of these tests the police may take you to the police station for further tests such as taking a blood sample.

If you refuse to participate in the tests, you can be banned from driving and charged with a crime

If you refuse a test, police can take your license away immediately for 90 days. They can also recommend you be charged with the crime of failing to provide a breath sample.

If you are charged with a crime you will have to go to court. If you are found guilty you could receive a fine, jail time and be banned from driving for a long time. You will also have a criminal record.

Get help

Prohibitions and charges can have long term consequences. Get legal advice to understand your options.

Call Legal Aid BC to see if you qualify at 1-866-577-2525 / 604-408-2172 or try Access Pro Bono’s services.

Dig Deeper

Alcohol Impaired Driving from ICBC Driving while affected by drugs or alcohol, and If you're convicted of a motor vehicle offence, from the Province of BC