If convicted of impaired driving, there are penalties under both the Ontario Highway Traffic Act and the Canadian Criminal Code.

Offences under the Criminal Code

Driving while intoxicated by alcohol or drugs: Impaired driving, (section 320.14 (1) (a)

• This offence occurs when a person operates a motor vehicle while impaired by alcohol, drugs (including prescription, over-the-counter medications, and illegal substances), or a combination of both. The law defines impairment as a diminished ability to operate a vehicle safely due to the consumption of alcohol or drugs.

Driving while exceeding the legal blood-alcohol limit: Over 80 section 320.14 (1) (b)

• This offence occurs when a person has, within two hours after ceasing to operate a motor vehicle, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood (BAC).

Driving while exceeding the legal blood-drug limit, section 320.14 (1) (c)

• This offence occurs when a person has, within two hours after ceasing to operate a motor vehicle, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation.

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

• This offence occurs when a person has, within two hours after ceasing to operate a motor vehicle, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

Prohibited blood drug concentration levels

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

A driver does not have to exceed the legal blood-alcohol, or blood-drug limit to be charged with impaired driving. The only requirement for a charge of impaired driving is that your ability to drive was affected to any degree, by alcohol or drugs, regardless of how much or how little was actually consumed. 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.

Penalties under the Criminal Code

Alcohol and drug impaired driving offences carry the same penalties. The type and severity of penalty can vary depending on the specific offense and the circumstances surrounding the offense, or example, if it is a first-time offender, if the offender has previous impaired driving offences, or if the offence caused harm or death.

The minimum penalties if convicted of impaired driving offences under section 320.14 of the Criminal Codeare:

• 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.

These impaired offences are hybrid offences, and if convicted the driver may also face:

• a jail term of not more than two years less a day if the offence is punishable on summary conviction (less serious), or
• imprisonment for a term of up-to 10 years, if the Crown prosecutor decides to proceed by indictment (more serious).

Minimum fines for a first offence, where there is a high blood-alcohol concentration (BAC) increase to:

• a fine of not less than $1,500, if the person’s blood alcohol concentration is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood; and
• a fine of not less than $2,000, if the person’s blood alcohol concentration is equal to or exceeds 160 mg of alcohol in 100 mL of blood.

Exception: Summary drug offence penalty

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 for a maximum of $1,000, while penalties for the two hybrid offences are the same as for alcohol impaired driving (see above).

Mandatory licence suspension:

• first offence: minimum 1-3 year licence suspension
• second offence: minimum 2-10 year licence suspension
• third or subsequent offence: 3 year-lifetime licence suspension

During a license suspension, drivers are not allowed to operate any motor vehicle, including cars, trucks, motorcycles, and even boats. Any violation of this suspension can result in additional penalties, including fines and imprisonment.

Penalties under the Ontario Highway Traffic Act

It is important to note that fully licensed drivers caught driving impaired by any drug including cannabis, prescription drugs or over-the-counter medications are subject to the same penalties as alcohol impaired drivers.

Immediate penalties for impaired driving offences under the Highway Traffic Act include:

• an immediate 90-day roadside licence suspension,
• an administrative penalty,
• a licence reinstatement fee,
• your vehicle will be impounded for seven days,
• mandatory education or treatment program (for second or subsequent offences within 10 years), and
• an ignition interlock condition will be placed on your licence for a minimum 6 months (for third or subsequent offences within 10 years)

Additional penalties if convicted:

• a minimum 1-year licence suspension for a first offence
• a minimum three-year licence suspension for a second offence within 10 years
• a possible lifetime licence suspension for a third or subsequent offence in 10 years (which may be reduced if certain criteria are met)
• enroll in a mandatory education or treatment program, use an ignition interlock device (for one, three or six years), and undergo a mandatory medical evaluation to determine whether you are meeting the requirements for driving in Ontario

There are also increased penalties for the following other impaired driving offences:

• registering a blood alcohol concentration of between 0.05 and 0.8 (50 – 80 milligrams of alcohol in every 100 millilitres of blood), known as the “warn range”
• violating the alcohol and drug zero tolerance requirement for young (21 and under), novice and commercial drivers
• failing a Standardized Field Sobriety Test (SFST)

Zero tolerance for drivers 21 and under, novice and commercial drivers

Any licensed drivers who are 21 years old and under, regardless of licence class, or novice drivers (with G1, G2, M1, or M2 licenses) caught with any alcohol or drugs (including cannabis or other drugs that can be detected by an oral screening device) in his or her system who are convicted will face an additional fine of $60-$500 and an additional 30-day licence suspension. Commercial drivers (drivers of vehicles requiring an A-F class licence, vehicles requiring a CVOR – Commercial Vehicle Operator’s Registration, and road building machines) are also subject to the zero tolerance rule in Ontario.

Ignition Interlock condition

When using the Ignition Interlock Program, drivers must blow into an in-car alcohol breath-screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit of 0.02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is located inside the vehicle, near the driver’s seat, and is connected to the engine’s ignition system.

DUI Probation Violation

If you have been given a Probation Order for a DUI charge, and you commit a violation of anything in the Probation Order, such as failure to appear in court, possession of drugs or alcohol, or failure to complete court appointed programs, this could result in a DUI probation violation charge. This is a serious offence and you should contact a lawyer as soon as possible.

Failure or refusal to comply with demand

Failure or refusal to comply with demand is also an offence under the Criminal Code. This offence occurs when a person refuses to provide a breath or bodily fluid sample or perform a sobriety test and carries the same penalties as an impaired driving conviction. For more information, including penalties, view 7708 Failing or refusing to provide a sample for submit to a test.

For information on other criminal driving offences and their penalties, view answers under section “Driving Offences”.

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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