Charged with Drug-Impaired Driving in Ontario?

You May Qualify for Reduced Penalties Under

s. 320.19(2)


Being charged with impaired operation by drug is a serious criminal offence — but if your blood drug concentration was low and no one was injured, you may qualify for reduced sentencing under section 320.19(2) of the Criminal Code.


At Cordaie Paralegal Services, we help you understand your options and fight to minimize the impact of the charges on your life, record, and future.


Call 844-4-WIN-4-ME or Email hello@cordaie.com
Book your free consultation today.



Legal professional reviewing a case document with a client — representing reduced sentencing under section 320.19(2) for drug-impaired driving.

What Is s. 320.19(2)?


Section 320.19(2) of the Criminal Code of Canada applies when:

  • A person is found operating a vehicle while impaired by a drug,
  • Their blood drug concentration exceeds the legal limit, but
  • No bodily harm or death occurred, and
  • The circumstances are non-aggravated (no fleeing police, no child in the vehicle, etc.)


In these cases, the court may impose a lower sentence than the standard penalties for impaired operation.

What Is Considered “Low” Blood Drug Concentration?


The Criminal Code outlines per se limits for certain drugs, including:


  • THC (Cannabis):
  • ≥2 ng but <5 ng of THC per mL of blood (summary offence)
  • ≥5 ng of THC per mL of blood (hybrid offence)



  • Combination of THC + Alcohol:
  • ≥2.5 ng THC + BAC ≥ 50mg per 100mL of blood


If your levels are barely over the limit, and no injuries resulted, the Crown may elect summary proceedings and sentencing under s. 320.19(2).


A car swerving through traffic on a rainy night — an example of dangerous driving behaviour.
Relieved and confident man leaving a building — symbolizing reduced penalties and a hopeful legal outcome under section 320.19(2).

What Are the Reduced Penalties?

Under s. 320.19(2), sentencing may be reduced compared to regular drug-impaired charges.


You may be eligible for:

  • No mandatory jail (especially on a first offence)
  • Lower fine or discharge
  • Shorter driving prohibition
  • Potential to avoid a long-term criminal record through legal strategy


Every case is different. A review of the Crown’s disclosure and your toxicology results is essential.



This Is Still a Criminal Offence


Even if the penalties are reduced, a conviction under this section still results in a criminal record — which can impact:


  • Employment opportunities
  • Travel to the U.S. or internationally
  • Insurance premiums
  • Immigration status or permanent residency


That’s why early legal advice is critical.

Concerned man reading documents in an office — representing the lasting impacts of a criminal record from a drug-impaired driving conviction.
Legal professional reviewing documents — representing strategic defence planning against a dangerous driving charge in Ontario

How Cordaie Paralegal Services Can Help


We will:

  • Review the blood drug concentration levels and timeline of testing
  • Evaluate how the tests were administered and whether they were reliable
  • Determine if you qualify for reduced sentencing
  • Identify any Charter breaches or procedural errors
  • Seek to have charges withdrawn, reduced, or dismissed
  • Represent you at trial if needed (where permitted under Ontario paralegal scope)


Paralegal providing a document to a client — representing Cordaie’s guidance on eligibility for paralegal representation and referrals when necessary.

Can a Paralegal Represent You?

Yes — if the Crown proceeds summarily, which is often the case for low-level drug impairment offences with no injuries.


We will advise you on:

  • The Crown’s election
  • Whether your charge is eligible for paralegal representation
  • When a referral to a trusted criminal lawyer is appropriate (e.g. indictable cases or repeat offences)


Book Your Free Consultation Now


If you've been charged under section s.320.19(2) of the Criminal Code, don’t wait.


We help you understand your options, protect your record, and fight for the most favourable outcome.


Call 844-4-WIN-4-ME

Email  hello@cordaie.com


Cordaie Paralegal Services

Focused. Fearless. Fighting for You.


Frequently Asked Questions (FAQ)

  • 1. What is section 320.19(2) of the Criminal Code?

    Section 320.19(2) allows for reduced sentencing in drug-impaired driving cases where the driver’s blood drug concentration was low and no bodily harm or death resulted. 


    It is often used in less severe or first-time offences involving small amounts of THC or other drugs.

  • 2. Does a low drug concentration still result in a criminal record?

    Yes. Even under s. 320.19(2), a conviction still results in a criminal record unless the charge is withdrawn, dismissed, or discharged. 


    That’s why it’s critical to get legal help immediately.

  • 3. Can a paralegal represent me for a charge under s. 320.19(2)?

    Yes — if the Crown proceeds summarily. 


    Paralegals in Ontario can represent you in the Ontario Court of Justice for summary conviction matters. 


    If the Crown elects to proceed by indictment, a lawyer is required.

  • 4. What drugs are covered under this section?

    Most commonly, this section applies to THC (cannabis), but it may also apply to other substances listed in Schedule I of the Criminal Code, such as ketamine, LSD, psilocybin, etc., if present in low concentrations.

  • 5. Can my charges be dropped if my blood drug concentration was low?

    It is possible. If your impairment level was minimal and the testing methods were questionable, or your Charter rights were violated, the charge may be reduced or withdrawn. 


    We will investigate all angles of your case.

  • 6. What if I had both alcohol and THC in my system?

    The combination of alcohol and THC has its own threshold for impairment charges. 


    You may still be eligible for reduced sentencing under s. 320.19(2), depending on your exact levels and the circumstances of your arrest.

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