What is BDC and what are the limits?

BDC refers to the concentration of certain drugs in a person’s blood and is used to lay drug-impaired driving charges.

If you have been charged with a criminal driving offence such as impaired driving, it is important to hire an experienced criminal defence lawyer as soon as possible.

Criminal Code BDC offences

There are two Criminal Code offences related to BDC:

• Driving while exceeding the legal blood-drug limit, section 320.14 (1) (c)
• Driving while exceeding the legal combination of blood drug/alcohol limit, section 320.14 (1) (d)

BDC limits determine whether a person may be charged with a summary (less serious) or hybrid (summary or indictable/more serious) offence. The limits are as follows:

Cannabis (THC)

• at or over 2 ng (nanograms) but under 5 ng of THC per milliliter (ml) of blood (summary conviction offence)
• at or over 5 ng of THC per ml of blood (hybrid offence)
• at or over 2.5 ng of THC per ml of blood combined with 50 mg of alcohol per 100 ml of blood (hybrid offence)

Other drugs

• any detectable amount of LSD, psilocybin, psilocin (“magic mushrooms”), ketamine, PCP, cocaine, methamphetamine or 6-mam (a metabolite of heroin) in your system within two hours of driving is prohibited

For specific drugs and amounts, view the Blood Drug Concentration Regulations.

BDC is measured by blood sample testing

Blood-drug concentration limits are determined by taking a blood sample.

As per the Code, a blood sample, typically done at a hospital or medical facility, must be taken within two hours after the driver has ceased to operate a motor vehicle by a qualified medical practitioner or a qualified technician and only if they are satisfied that taking the sample would not endanger the person’s health.

If lab results show a driver’s THC in the blood is above a certain limit, police can criminally charge the driver with BDC offences without having to further prove impairment.

It is important to note that a driver does not have to exceed the legal blood-drug limit to be charged with the offence of impaired driving.

Penalties

If the conviction is for the summary drug impaired offence of “at or over 2 ng (nanograms) but under 5 ng of THC per milliliter (ml) of blood,” the penalty is a maximum of $1,000, while penalties for the two hybrid offences are the same as for alcohol impaired driving.

Penalties include fines, license suspensions, and even criminal charges.

Zero tolerance

All provinces and territories have a zero-tolerance policy for young drivers (21 or under depending on the jurisdiction), or those driving on a probationary, learner’s permit or graduated driver’s license. This means that any amount of alcohol or drugs in their system while driving is a criminal offense and can lead to immediate license suspension and other penalties.

Get help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a driving offence, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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