Drinking, Drugs, and Driving

This publication explains the laws about driving and alcohol/drug use on PEI. These laws apply to all kinds of vehicles. For example, cars, aircrafts, ships, motorcycles, snowmobiles, ride-on lawnmowers, and others.

It is for people who have already been charged with an offence, but it is useful information for anyone with a driver’s license.

Some questions are answered below. For more information, read the publication.

What is impaired driving?

Impaired driving means driving while your ability to drive is affected by drugs, alcohol, or both. Impaired driving is always an offence.
What is impaired over the legal limit?
Impaired over the legal limit means consuming more than the legal limit of alcohol or any other drug within two hours of driving. Being impaired over the legal limit is a separate offence from impaired driving.

There are different legal limits for different substances.

Some of the legal limits are:
- Alcohol: Blood-alcohol concentration of 80 milligrams or more per 100 milliliters of blood.
- Cannabis: More than 2 nanograms of THC per milliliter of blood.
- Combined alcohol and cannabis: 50 milligrams or more of alcohol per 100 milliliters of blood and 2.5 nanograms or more of THC per milliliter of blood.
- GHB: 5 milligrams or more per liter of blood.
- LSD, psilocybin, magic mushrooms, ketamine, PCP, cocaine, methamphetamine, or heroin: any detectable amount.
Why did I get charged?
You may have been charged because you:
- Failed a drug or alcohol test.
- Drove impaired.
- Injured or killed someone because you drove impaired.
Police may charge you with an offence about drugs or alcohol even if:
- Your vehicle is parked. Police may charge you if you are in the driver’s seat or around your vehicle with the keys in your pocket or bag.
- You are in your house, but police have reason to believe you were driving in the last two hours. For example, police have reason to believe you were involved in a car crash while under the influence.
- You are on private property. For example, a parking lot, driveway, or backyard.
What if I refuse to do a drug or alcohol test?

You may be charged for refusing to follow a police demand. This is a criminal offence. A court will decide if you had a reasonable excuse for refusing. It is hard to show a reasonable excuse.