Will I get a criminal record for driving with illicit drug present in blood?

This is a fine only offence. In other words, you cannot go to jail. However, if you are convicted, the offence may show on your criminal record.

A conviction can be avoided if you receive a conditional release order without conviction. The court will consider a range of factors before imposing this sentence. For example:

• The circumstances of the offence
• Your criminal history
• Your traffic history
• Completion of the Traffic Offenders Program
• And your personal circumstances.  

Will I lose my licence?

You will lose your licence if you are convicted. Generally, the automatic disqualification period will apply.

However, certain factors can reduce this period. For example, your need for a licence or completion of the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period.

Penalty for Driving with Illicit Drug Present in Blood

If it’s a first offence, it’s possible for police to issue a penalty notice. In other words, you are not required to attend court. As a result, you’ll receive a $572 fine and a 3 month suspension of your licence. 

If you received a Court Attendance Notice, the maximum penalty varies depending on whether the charge is a first offence, or a second or subsequent offence. 

First Offence

• Maximum fine of $2,200
• Automatic disqualification period of 6 months
• Minimum disqualification period of 3 months

Second Offence

• Maximum fine of $3,300
• Automatic disqualification period 12 months
• Minimum disqualification period of 6 months