Impaired driving laws in Canada are set federally in the Criminal Code and enforced province by province. The federal rules make it a crime to drive with a blood alcohol concentration of 80 milligrams of alcohol per 100 millilitres of blood or more, to drive with cannabis or other drugs above set thresholds, or to refuse a lawful demand for a breath, blood, or oral fluid sample. Penalties start at a $1,000 minimum fine for a first offence and reach life imprisonment when impaired driving causes a death. On top of those criminal consequences, every province and territory layers on immediate roadside license suspensions, vehicle impoundment, monetary penalties, and mandatory programs that take effect before you ever see a courtroom.
Legal Limits for Alcohol and Drugs
The alcohol rule is objective. If your BAC reaches or exceeds 80 mg per 100 mL of blood within two hours of driving, you have committed a criminal offence, whether or not you looked or felt impaired.1Department of Justice Canada. Criminal Code RSC 1985 c C-46 – Section 320.14 A breath or blood reading at or above the limit is enough. The Crown does not need to prove your driving was actually affected.
Cannabis uses nanograms of THC per millilitre of blood, also measured within two hours of driving. Between 2 ng and 5 ng is a less serious summary conviction offence with a maximum $1,000 fine. At 5 ng or above, the penalties match an alcohol-impaired charge, including the $1,000 mandatory minimum fine for a first offence.2Department of Justice Canada. Frequently Asked Questions – Drug-Impaired Driving Laws
A separate combined offence catches drivers mixing alcohol and cannabis. If your blood shows at least 50 mg of alcohol per 100 mL together with at least 2.5 ng of THC per mL, the penalties are the same as a standard impaired driving charge.3Department of Justice Canada. Blood Drug Concentration Regulations SOR-2018-148
Eight other drugs trigger a criminal offence at any detectable level: cocaine, LSD, methamphetamine, PCP, ketamine, psilocybin, psilocin, and 6-MAM (a heroin metabolite). GHB is handled separately because the body produces small amounts on its own, so its prohibited level is 5 mg per litre of blood rather than zero.2Department of Justice Canada. Frequently Asked Questions – Drug-Impaired Driving Laws
Mandatory Screening and the Refusal Offence
Since December 2018, any police officer carrying an approved screening device can demand a breath sample from any driver who has been lawfully stopped, with no requirement to first suspect the driver has been drinking.4Department of Justice Canada. Frequently Asked Questions – Alcohol-Impaired Driving This is mandatory alcohol screening, and it covers routine traffic stops and roadside checkpoints alike.
Drug screening works on a different trigger. If an officer reasonably suspects drugs are in your system, they can require field sobriety tests or an oral fluid sample. Oral fluid devices detect recent use of THC or cocaine. Those roadside results are not treated as proof of your exact drug level but help the officer decide whether to escalate. When roadside signs point to impairment, the officer can require you to attend a station for evaluation by a drug recognition expert or for blood samples sent to a laboratory.5Department of Justice Canada. Criminal Code RSC 1985 c C-46 – Section 320.28
Refusing or failing to comply with a lawful demand for a breath, blood, or oral fluid sample is a standalone criminal offence. The penalties are deliberately steep: a first-offence refusal carries a mandatory minimum fine of $2,000, higher than the $1,000 minimum for simply being over the legal limit.6Department of Justice Canada. Criminal Code RSC 1985 c C-46 – Section 320.19 The Crown does not need to prove you were actually impaired. The refusal is the crime.7Justice Laws Website. Criminal Code RSC 1985 c C-46 – Section 320.15
The right to speak with a lawyer under the Charter does not apply at the roadside. Courts have upheld police power to demand a breath sample, ask questions, and run field sobriety tests before telling you about counsel.8Department of Justice Canada. Charterpedia – Section 10(b) Right to Counsel Once the officer moves to a station-based breath or blood demand, you must be informed of your right to counsel and given a reasonable opportunity to call a lawyer before testing begins.
Care and Control
You do not have to be moving to be charged. The Criminal Code covers operating or having care or control of any “conveyance,” which includes motor vehicles, boats, aircraft, and railway equipment.1Department of Justice Canada. Criminal Code RSC 1985 c C-46 – Section 320.14 Someone sitting in the driver’s seat of a parked car with the keys within reach can be charged, even if the engine was never started.
Impairment can also be proven entirely through officer observations, even when chemical tests fall below the legal limits. Smell of alcohol, slurred speech, poor coordination, and erratic driving can all support a conviction. The law targets your ability to safely operate the vehicle, not just a number on a breath test.
The Two-Hour Rule
The BAC or blood drug concentration is measured within two hours after you stop driving, not only at the moment you were behind the wheel. A narrow defence exists: if you consumed alcohol or drugs only after you stopped driving, had no reasonable expectation that you would be tested, and your consumption is consistent with having been under the legal limit while actually driving, you are not guilty.1Department of Justice Canada. Criminal Code RSC 1985 c C-46 – Section 320.14 All three conditions must be met. Drinking at home after an officer has already observed your driving would not qualify, because testing would be reasonably foreseeable.
Federal Criminal Penalties
Impaired driving, driving over the legal limit, and refusing a demand are hybrid offences. The Crown can prosecute them by indictment (up to 10 years in prison) or by summary conviction (up to two years less a day).6Department of Justice Canada. Criminal Code RSC 1985 c C-46 – Section 320.19 The mandatory minimums apply either way.
For a first offence of driving at or over 80 mg, the minimum fines are tiered by BAC:
- BAC of 80 to 119 mg: minimum $1,000 fine
- BAC of 120 to 159 mg: minimum $1,500 fine
- BAC of 160 mg or above: minimum $2,000 fine
A first-offence refusal carries a minimum $2,000 fine, the same as the highest BAC tier.9Department of Justice Canada. Impaired Driving Laws Repeat offences bring mandatory jail: at least 30 days for a second offence, and at least 120 days for a third or subsequent offence. Judges can impose more, and the 10-year indictable maximum leaves significant room above the minimum.
Driving Prohibitions
Every conviction triggers a mandatory driving prohibition that bars you from operating any conveyance in Canada:
- First offence: one to three years, plus the length of any jail sentence
- Second offence: two to ten years, plus jail
- Third or subsequent offence: at least three years, plus jail, with no stated upper limit
The prohibition runs on top of imprisonment, not alongside it.10Department of Justice Canada. Criminal Code RSC 1985 c C-46 – Section 320.24
Victim Surcharge
The court must also impose a federal victim surcharge equal to 30% of the fine, or $100 for a summary conviction offence and $200 for an indictable offence when no separate fine is ordered. A judge can waive or reduce it only where paying it would cause undue hardship, such as homelessness or serious obligations toward dependents.11Department of Justice Canada. Criminal Code RSC 1985 c C-46 – Section 737 A $1,000 fine therefore carries an automatic $300 surcharge.
Bodily Harm or Death
When impaired driving causes bodily harm, the offence is indictable with a maximum of 14 years. When it causes death, the maximum is life imprisonment.12Department of Justice Canada. Criminal Code RSC 1985 c C-46 – Section 320.21 There are no legislated minimum terms of years for these more serious offences; the minimums that apply to basic impaired driving still apply, but sentencing above that floor is left to the judge.
Aggravating Factors
Judges must treat certain circumstances as aggravating:
- More than one person injured or killed
- Street racing
- A passenger under 16 in the vehicle
- Being paid to operate the vehicle, such as taxi, delivery, or ride-share
- BAC at or above 120 mg per 100 mL
- Operating a large motor vehicle such as a truck or bus
- Not being legally permitted to drive under federal or provincial law
Any combination pushes the sentence higher within the available range.13Department of Justice Canada. Criminal Code RSC 1985 c C-46 – Section 320.22
Provincial Roadside Penalties
Provincial and territorial sanctions start the moment you fail or refuse a roadside test, well before any criminal court date. They are administered by provincial transport authorities and stack on top of whatever the criminal courts eventually impose.
A 90-day roadside license suspension is the standard starting point for drivers who register a “fail” (BAC at or above 80 mg) or refuse a test. Many provinces also act on the “warn range,” typically BAC between 50 and 79 mg, with short suspensions starting at three days for a first incident and climbing to 30 days or more for repeat warn readings. These warn-range suspensions happen without any criminal charge, because the provincial threshold for administrative action sits below the Criminal Code’s 80 mg line.
Administrative monetary penalties vary by province and by whether you were in the warn or fail range. Warn-range penalties often start around $200 to $400 for a first incident, while fail-range penalties run higher: Alberta imposes $1,000 for a first fail-range reading and up to $2,000 for repeats, and Saskatchewan’s penalties reach $1,250 to $2,250 depending on BAC. Vehicle impoundment typically runs 3 to 30 days for a first incident, with the driver on the hook for towing and daily storage.
Provinces also require anyone caught driving while impaired to complete an education and assessment program before license reinstatement. Repeat or high-risk offenders go through deeper assessment for dependency issues and may be referred to treatment. Failing to complete the program leaves the license suspended indefinitely, regardless of what happens in criminal court.
Ignition Interlock
An ignition interlock device prevents a vehicle from starting unless the driver blows a breath sample below a set alcohol threshold. Most provinces require installation as a condition of getting your license back after an impaired driving suspension.
First-offence interlock periods generally run from six months to one year. Alberta requires one year, Ontario requires 9 to 12 months, and British Columbia ranges from 6 to 24 months depending on the circumstances. Second offences typically carry 18 months to three years. Third and subsequent offences push the period to five years, six years, or in some provinces a lifetime requirement; Manitoba imposes a lifetime interlock condition after a fourth conviction.
The driver pays the costs. Installation typically runs $70 to $150, and monthly monitoring fees range from roughly $60 to $100. The device must be professionally calibrated at regular intervals. Tampering or having someone else blow into it can extend the interlock period or trigger another license revocation.
Zero Tolerance for Young and Novice Drivers
Every province and territory imposes a zero blood alcohol requirement on young drivers and those holding graduated (learner or probationary) licenses. In most provinces, this covers all drivers under 22 or anyone in the graduated licensing program regardless of age. Any detectable alcohol brings an immediate provincial suspension, even though the Criminal Code’s criminal threshold stays at 80 mg. First detections typically bring a 24-hour suspension at minimum, escalating sharply with repeat incidents.
What Follows a Conviction
Criminal Record
An impaired driving conviction creates a permanent criminal record. The only way past it is a record suspension (formerly called a pardon), and eligibility depends on how the offence was prosecuted. For a summary conviction offence, the waiting period is five years after completing the entire sentence, including probation, fines, and the driving prohibition. For an indictable offence, the wait is ten years. The clock only starts once every term of the sentence is served.
Travel and Immigration
A single Canadian impaired driving conviction is not automatic grounds for denial of entry to the United States, according to U.S. Customs and Border Protection.14U.S. Customs and Border Protection. Entering Canada and the United States with DUI Offenses Multiple convictions, or a conviction combined with other offences, can make a traveler inadmissible and require a waiver. Border officers have discretion, and entry is never guaranteed.
For foreign nationals coming into Canada, the stakes are higher. Because impaired driving now carries a maximum sentence of 10 years, it qualifies as “serious criminality” under Canadian immigration law. A foreign national with an impaired driving conviction from Canada or abroad may be found inadmissible and barred from entering.15Government of Canada. Convicted of Driving While Impaired Permanent residents can also face immigration consequences, including potential loss of status, if convicted of an offence carrying a maximum sentence above six months.
Insurance and Employment
Car insurance premiums climb sharply after a conviction. Some insurers will drop a convicted driver entirely, forcing coverage through a high-risk pool at several times the normal rate. It is common for premiums to roughly double or more and stay elevated for three to six years, depending on the insurer and province.
On the employment side, a criminal record for impaired driving can disqualify you from any job that requires driving, including trucking, delivery, ride-share, and public transit. Professional licensing bodies in healthcare, education, and finance routinely run background checks, and a conviction can lead to disciplinary proceedings or denial of a license. Government security clearances and positions of trust are also affected. For anyone who drives for a living, a conviction effectively ends that work for the duration of the driving prohibition and often well beyond it.