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In Canada, impaired operation of a motor vehicle refers to operating a vehicle, such as a car, truck, boat, snowmobile, or aircraft while your ability to do so is impaired by alcohol, drugs, or a combination of both.
This offence is governed primarily by the Criminal Code of Canada.
Impaired operation means driving, or having care or control of a conveyance, while your ability is compromised due to alcohol, drugs, or both. Impairment can be observed through physical signs or detected through tests. The law applies even if you are not actively driving but have care or control of a conveyance.
The Criminal Code of Canada sets a blood alcohol concentration (BAC) limit of 80 milligrams of alcohol per 100 millilitres of blood. Driving with a blood alcohol concentration (BAC) at or above this level is a criminal offence.
Police can demand roadside samples, from an Approved Screen Device (ASD), if they have a reasonable suspicion of impairment. In addition, the police can conduct Standardized Field Sobriety Tests (SFST) or Drug Recognition Evaluations (DRE). Considering the circumstances of the matter, blood tests may be required for precise measurement of alcohol or drug levels. A blood sample may only be sought if the
officer believes that the person may be incapable of providing a breath sample by reason of his or her physical condition, or it would be impractical to obtain a breath sample in all the circumstances.
Toronto DUI FAQs
In Canada, the legal blood alcohol concentration (BAC) limit for driving is 80 milligrams of alcohol in 100 millilitres of blood, commonly referred to as 0.08. If a police test shows your BAC is at or above this level within two hours of driving, you can face a criminal offence for impaired driving. Even below that limit, you can be charged if alcohol has noticeably affected your driving.
Yes. Cannabis is legal in Canada, but that does not mean it’s legal to drive after using it. If your ability to drive safely is impaired by cannabis, or a test shows THC above legal thresholds, police can charge you with impaired driving. A blood or urine test that reads over 2 nanograms of THC per millilitre of blood can lead to charges, with more serious penalties if the level is higher.
Canada’s federal guidelines set mandatory minimum penalties for impaired driving:
- A minimum fine of $1,000 for first-time offenders with high BAC or drug levels.
- Higher fines for greater alcohol levels.
- For second and third convictions, mandatory jail time may apply.
- Refusing to provide a required sample (breath, blood, or urine) can itself result in a minimum $2,000 fine.
- If someone is injured due to impaired driving, additional prison terms may apply.
Yes. In Ontario, provincial penalties supplement federal consequences. These can include:
- Immediate driver’s licence suspensions at roadside.
- Fines and education or treatment programs even for first offences.
- Longer suspensions, mandatory ignition interlock devices, and treatment requirements with subsequent or serious offences.
- If convicted in court, you can face a one-year licence suspension for a first offence, with longer bans for repeat offences.
In everyday language, people use terms like DUI (Driving Under the Influence) and DWI (Driving While Impaired) interchangeably. In Canada, the correct legal term is impaired driving or impaired operation of a vehicle under the Criminal Code. That’s how courts and police refer to these offences.
It’s a common question. There is no one-size-fits-all answer to whether you should submit a sample. In many cases, giving a sample may be better for your defence, but that depends on the details of your situation. Speak with a qualified lawyer right away before deciding.
If you are convicted of impaired driving in Canada:
- You will almost certainly face a driver’s licence suspension, at least temporarily.
- The length of suspension depends on whether it’s your first offence or a repeat.
- Convictions can significantly affect your ability to drive for work, school, and daily life.
Yes. In Canada, impaired driving is a criminal offence. If you’re convicted, it will appear on your criminal record and can have long-lasting consequences for travel, employment, insurance, and immigration status.
An experienced impaired driving lawyer can:
- Review whether the police followed proper procedures.
- Identify legal defences that might reduce or dismiss your charges.
- Represent you in court to protect your rights and future.
DUI Penalties in Toronto
Penalties depend on whether it’s a first, second, or subsequent offence and whether it’s prosecuted as a
summary or indictable offence. Penalties may include, but are not limited to:
Criminal Penalties
- First Offence: Minimum fine of $1,000, up to 2 years less a day imprisonment if the Crown prosecutes summarily or up to 10 years imprisonment if the Crown prosecutes by indictment, and a driving prohibition
- Second Offence: Minimum 30 days imprisonment and a driving prohibition
- Subsequent Offences: Minimum 120 days imprisonment and longer prohibitions
Administrative Penalties
- Administrative Driver’s Licence Suspension (ADLS)
- Vehicle impoundment.
- Education or treatment programs
- Installation of an ignition interlock device.
Additional Consequences
- Criminal record
- Increased insurance premiums
- Travel and immigration implications
- Potential job loss or professional sanctions
Criminal Law Practice Areas
Our Criminal & Regulatory Law team is committed to defending your rights and guiding you through complex legal challenges. Whether you’re facing criminal charges or navigating regulatory investigations, we provide strategic, results-driven representation to protect your interests and reputation.
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