Impaired Driving (DUI) Laws & Penalties in Canada by Province
Posted on July 11, 2025
Impaired driving is a serious issue that continues to impact the safety of roads across Canada. Whether it’s alcohol, drugs, or a combination of both, getting behind the wheel while impaired puts lives at risk, including your own.
Despite awareness campaigns and stricter enforcement, impaired driving remains a concern in many provinces, with too many preventable accidents still happening.
This blog breaks down what every driver in Canada should know about impaired driving in Canada. We’ll look at how it’s defined, the penalties involved, and how the laws vary from province to province.
What Is Impaired Driving / Driving Under the Influence (DUI)?
Impaired driving, also known as driving under the influence (DUI), means operating a vehicle while your ability to do so is affected by alcohol, drugs, or other substances. Under Canadian law, this includes anything from passenger cars and motorcycles to commercial vehicles.
If your mental or physical abilities are compromised, even slightly, it’s considered impaired driving, and it’s both illegal and highly dangerous. According to Canadian definitions, you don’t need to be caught in the act of driving to face consequences.
In fact, you can be charged up to two hours after driving if your blood alcohol or drug concentration is above the legal limit. This means that trying to "sleep it off" in your car or driving a short distance under the influence can still lead to criminal charges.
The law is clear: if you're impaired, don't drive.
Laws For Impaired Driving in Ontario
Ontario takes impaired driving seriously, and the laws reflect a strong stance against alcohol- or drug-impaired operation of vehicles.
The legal blood alcohol concentration (BAC) limit for fully licensed drivers is 0.08%, but Ontario also enforces a "warn range" between 0.05% and 0.079%, which can still result in penalties.
For novice drivers (G1, G2), drivers under 21, and commercial vehicle operators, there is a strict zero-tolerance policy, meaning no detectable alcohol or drug presence is allowed at all while driving.
The Criminal Code of Canada, along with Ontario’s Highway Traffic Act, governs impaired driving offences. Since December 18, 2018, several major updates have strengthened enforcement, including:
- Mandatory roadside breathalyzer testing: Police can demand a breath sample from any legally stopped driver, without needing reasonable suspicion. Refusing the test can result in criminal charges.
- No more “bolus drinking” defence: Drivers can no longer claim they drank just before driving to avoid penalties. The timing of alcohol consumption is no longer a valid defence.
- Drug screening via oral fluid samples: If drug impairment is suspected, officers can request a saliva sample. A positive result can lead to further tests, such as a blood test.
- THC-specific penalties: Drivers with between 2–5 nanograms of THC per millilitre of blood may face fines up to $1,000. Levels above 5 nanograms—or combining drugs with alcohol—can lead to more severe penalties, including jail.
- Higher maximum penalties: Fines, license suspensions, and the length of ignition interlock requirements have increased under the updated laws.
With these updates, Ontario has made it clear that impaired driving is not only dangerous but will be met with tough legal consequences.
How Canadian Police Measure Impaired Driving?
Canadian police use a variety of tools and procedures to detect and measure impaired driving. Since legislative changes in 2018, officers no longer need reasonable suspicion to demand a breath sample.
This means any legally stopped driver can be required to blow into a roadside screening device, and refusing to comply can lead to criminal charges, with penalties equal to or greater than those for impaired driving itself.
If police suspect impairment from alcohol or drugs, they may take several steps, depending on the situation.
Here are the main methods used:
- Breathalyzer test: A roadside breath test is used to measure blood alcohol concentration (BAC). A reading over the legal limit can result in immediate penalties and charges.
- Oral fluid screening: If drug use is suspected, officers may request a saliva sample using a roadside device. A positive result can lead to more advanced testing.
- Standardized sobriety tests: Officers may ask you to perform a series of physical and mental exercises to check for signs of impairment.
- Blood test: Once arrested, a suspect may be required to give a blood sample to precisely measure drug or alcohol levels.
- Drug Recognition Expert (DRE) evaluation: A 12-step process conducted at a police station. It includes tests for balance, coordination, pupil size, and physical signs of drug use (such as needle marks or unusual behaviors).
These procedures apply not only to passenger vehicles but also to snowmobiles, ATVs, boats, aircraft, and even trains. Canadian law makes it clear: impairment and vehicle control of any kind do not mix.
Impaired Driving Offences Under the Criminal Code
The Criminal Code Impaired Driving Canada outlines several specific offences related to impaired driving. These laws apply nationwide and are designed to hold drivers accountable for endangering public safety using alcohol or drugs while operating a vehicle.
Here are the key impaired driving offences under the Code:
- Impaired driving (Section 320.14(1)(a)): This offence applies when a person operates a vehicle while their ability is impaired by alcohol, drugs (including prescription or over-the-counter medications), or a combination of both—even if their levels are below the legal limit.
- Driving over the legal alcohol limit (Section 320.14(1)(b)): Known as the “Over 80” offence, this occurs when a driver’s BAC is 80 mg or more of alcohol per 100 mL of blood, measured within two hours after driving.
- Driving over the legal drug limit (Section 320.14(1)(c)): This applies if a driver has a blood drug concentration that meets or exceeds the legal limit for specific substances, as prescribed by regulations.
- Driving with a combination of alcohol and drugs (Section 320.14(1)(d)): This offence occurs when both alcohol and drugs are present in a driver’s system above legal thresholds within two hours of driving.
- Refusal or failure to comply with a demand (Section 320.15): A person who refuses or fails to provide a breath, saliva, blood sample, or perform a sobriety test can be charged—even without direct evidence of impairment.
Importantly, you can be charged with impaired driving even if you’re under the legal limits, as long as your ability to drive is affected to any degree by alcohol or drugs.
In addition to these offences, depending on the situation and evidence, a driver may also face additional criminal charges, such as:
- Dangerous driving (Section 320.13)
- Criminal negligence (Section 219(1))
- Driving while suspended (Section 320.18)
- Failing to stop after an accident (Section 320.16)
Together, these laws reflect how seriously Canadian authorities treat any form of impaired or reckless driving behavior.
Penalties for Impaired Driving in Canada
Impaired driving in Canada carries serious legal and financial consequences that increase with each offence. The penalties are designed to deter dangerous behavior and protect public safety. Whether it's your first time or a repeat offence, the impact can be life changing.
Penalties for a First DUI Offence
If charged, the immediate penalties include:
- A 90-day roadside licence suspension
- 7-day vehicle impoundment
- A $550 administrative fine
If convicted, the penalties become more severe:
- A mandatory minimum fine of $1,000 (for a BAC between 80–119 mg)
- $1,500 minimum fine (for BAC between 120–159 mg)
- $2,000 minimum fine (for BAC of 160 mg or more)
- A maximum prison sentence of 10 years
- A criminal record
- A minimum one-year licence suspension
- Completion of a mandatory education or treatment program
- A one-year ignition interlock device requirement (installed at your own cost)
Penalties for a Second DUI Offence
If charged, the penalties include:
- 90-day roadside licence suspension
- 7-day vehicle impoundment
- A $550 administrative fine
If convicted, penalties are more severe:
- A mandatory jail sentence of at least 30 days
- Up to 10 years in prison
- A criminal record
- A minimum three-year licence suspension
- Mandatory education or treatment program
- A three-year ignition interlock requirement
- A mandatory medical evaluation to determine your fitness to drive
Penalties for a Third DUI Offence
If charged, penalties increase further:
- 90-day roadside licence suspension
- 7-day vehicle impoundment
- A $550 administrative fine
- A six-month ignition interlock requirement at your expense
If convicted, the consequences are the most severe:
- A lifetime licence suspension
- A minimum 120-day jail sentence
- Up to 10 years in prison
- A criminal record
- Mandatory education or treatment program
- A six-year ignition interlock device requirement
- A mandatory medical evaluation to assess driving eligibility
Each repeat offence makes it harder, and in some cases impossible, to regain driving privileges in Canada. The message is clear: don’t drive impaired.
How Long Does Impaired Driving Stay on Your Record in Ontario?
In Ontario, an impaired driving charge stays on your driving record for three years. However, the impact goes beyond that. If you’re convicted, the offence will remain on your criminal record for ten years before you can apply for a record suspension (formerly called a pardon).
This means that even after the driving penalties are over, the conviction can affect job opportunities, travel, and insurance rates for many years. It’s a long-lasting consequence of a single bad decision—another reason why it’s always safer to drive sober.
How Long Do You Lose Your License for a DUI In Ontario?
In Ontario, the length of a licence suspension for a DUI depends on how many times you've been convicted and other case-specific details:
- For a first offence, your licence can be suspended for 1 year
- For a second offence, the suspension can last up to 3 years
- For a third or subsequent offence, you may face a lifetime licence suspension
In some situations, the suspension period may be reduced if certain requirements are met—like completing a treatment or education program or installing an ignition interlock device.
However, it’s important to remember that losing your licence is just one part of the penalties you’ll face after a DUI conviction in Ontario.
Get The Latest on Impaired Driving Laws Canada and Stay One Step Ahead
Impaired driving is a serious offence with lasting consequences across Canada. Understanding the DUI laws Canada and penalties in your province can help you stay safe and make responsible choices on the road. Remember, driving impaired not only puts you at risk but also endangers everyone around you.