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Penalties for impaired driving causing injury or death

Region: Ontario Answer # 7711

Impaired driving is a serious crime, but when it results in injury or a fatality, the legal implications and consequences are even greater.

Penalties for impaired offences can be severe, even for first-time offenders, and tend to increase with subsequent offences. Consequences often include large fines, mandatory education programs, probation, community service, the installation of an ignition interlock device, license suspension or revocation, and possibly jail time. These penalties can be significantly greater if an offence results in injury or death.  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.

Offences and penalties under the Criminal Code

Impaired driving is an offence under section 320(14) Section 1 of the Criminal Code. Any motor vehicle, vessel, aircraft, or railway equipment (referred to as conveyances in the Code), can lead to charges if operated while impaired by alcohol, drugs, or a combination of the two.

Operation causing bodily harm

Section 320(14) (2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.

Punishment

320.2 Every person who commits the offence of operation of a conveyance causing bodily harm is guilty of:

  • an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,
    • for a first offence, a fine of $1,000,
    • for a second offence, imprisonment for a term of 30 days, and
    • for each subsequent offence, imprisonment for a term of 120 days; or
    • an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).

Operation causing death 

Section 320(14) (3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.

Punishment

320.21 Every person who is convicted of the indictable offence of operation of a conveyance causing death is liable to imprisonment for life and to a minimum punishment of,

  • for a first offence, a fine of $1,000;
  • for a second offence, imprisonment for a term of 30 days; and
  • for each subsequent offence, imprisonment for a term of 120 days.

Ontario Safer Roads and Communities Act – licence suspension for life

As of January 1, 2025, under amendments to the Ontario Highway Traffic Act (HTA) (made through the Safer Roads and Communities Act), anyone convicted of impaired driving causing death receives a lifetime licence suspension, subject to early reinstatement under section 57 of the HTA.

 

Factors that influence the severity of charges and penalties

Several factors can influence the severity of charges and penalties in impaired cases involving injury or death. These factors include the level of the driver’s impairment, prior convictions, whether a minor was present in the vehicle at the time of the offence, and the seriousness of the injury or harm caused. For example, if a driver is found to have a BAC level significantly above the legal limit, they may face harsher penalties. These circumstances are considered by the court when determining the appropriate charges and subsequent sentencing for impaired offences that cause injury or death.

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 1-866-961-4963 .


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