Drinking and driving: laws and penalties in Canada

Introduction to drinking and driving laws

Before getting into Canada’s impaired driving laws and penalties, there are a few things to go over.

Blood alcohol concentration

The first is an abbreviation you’re going to see a lot on this page: BAC.

BAC stands for blood alcohol content or blood alcohol concentration. BAC is a percentage expressing how much volume of a blood sample is alcohol. The calculation is milligrams of alcohol per 100 millilitres of blood. If a person’s BAC is .01, for example, it means they have in their body 10 milligrams of alcohol per 100 millilitres of blood.

A BAC of 0 is sober. By the time someone’s reached a BAC of .08 (which can happen quickly), they’ll have impaired judgment and reduced coordination. Nausea, confusion, and loss of muscle control kick in between .15 and .30. A BAC of about .40 is fatal to many people.

Impaired driving tests

Barring a vehicle accident, impaired driving is typically discovered using a roadside breath sample test. Police are permitted to demand a breath sample test from any driver that they’ve legally stopped, even without suspicion of impaired driving. Breath samples can also be taken at the scene of a vehicle collision.

These roadside tests aren’t sophisticated enough to determine the driver’s precise BAC, and aren’t admissible in court in the case of a criminal trial. Instead, they indicate whether there is enough alcohol in the driver’s system to warrant a follow-up with a more precise breathalyzer or blood test.

The roadside test will indicate “warn” or “fail” depending on the concentration of alcohol it detects. Each province sets its own warn range, but most start at .05 BAC and they all end at .079 BAC. A warn reading is enough to trigger the provincial-level penalties you’ll see below. A BAC of .08 or higher is a fail, and may lead to an arrest and criminal charges.

Legal BAC limits typically apply within two hours of driving. That means a driver failing a BAC test, even after they’ve stopped driving, could still be charged with impaired driving. This primarily exists to restrict certain legal defenses, such as impaired drivers claiming that they drank immediately before driving and weren’t over the legal limit while operating the car. Or, that they didn’t have a drink until after an accident had already occurred. In any case, police still need a legal basis to demand a breath sample.

It is illegal to refuse to give a breath sample when you’re lawfully ordered to do so. Failure to provide a sample carries penalties that are just as strict as impaired driving penalties.

One other important note: Impaired driving doesn’t necessarily mean you were actively moving the vehicle. Most laws apply while you have care and control of the vehicle. That basically means that if you’re in a position to drive the vehicle (sitting inside with possession of the keys, for example) you could still be charged with impaired driving. If you’ve been drinking, it’s best to avoid getting into your car unless there’s a sober driver present with you. It’s even possible to be charged with impaired driving while sleeping it off in your car.

BAC and alcohol consumption

BAC is straightforward, but it’s not easy to know your actual BAC after, say, one or two drinks. Even a couple of drinks over a couple of hours could bring someone near the legal limit. A typical night out can easily put most people well over the .08 criminal impairment line.

There are many, many factors that influence how a person’s BAC will rise and fall when they drink alcohol. A person’s weight, sex, hormone levels, body fat percentage, and other factors all influence the speed at which their body can metabolize alcohol. Time is a major factor, too — after a night of heavy drinking, a person can have detectable alcohol in their system for 12–24 hours. Other factors include what someone’s eaten before and while drinking, how quickly they were consuming drinks, or their overall health.

You can find BAC calculators online that estimate BAC given several variables. Make no mistake, though: these are for educational purposes; you shouldn’t use them to decide that you’re “okay to drive” after a few drinks. Use them to get an idea of how quickly your BAC can rise and how long it takes to come back down to zero.

Laws for non-alcohol impairment and provincial differences

The information on this page is not exhaustive. There are also impaired driving laws governing driving under the influence of THC, or THC and alcohol combined, or most other drugs. These laws are similar, but limits and penalties differ from province to province. This page only deals with drinking and driving; just know that rules exist for using cannabis and driving, too. Across Canada, there is a zero-tolerance policy for driving under the influence of illegal drugs like LSD, psilocybin, ketamine, PCP, cocaine, or methamphetamine.

Keep in mind, too, that there are almost always monetary costs aside from fines. Licence reinstatement fees, ignition interlock device fees, course fees, towing fees… an impaired driver may need to pay hundreds or thousands of additional dollars beyond fines and penalties.

There isn’t enough room here to write every single impaired driving regulation in every province. We’ll go over the main laws and penalties pertaining to everyday drivers and novice drivers. But, for example, there are stricter rules for those driving commercial vehicles. There are also (obviously) more significant penalties if you injure or kill someone while driving under the influence.

Let’s put it simply:

The best way to ensure that you’re not breaking any impaired driving laws is to never drive while impaired.

Federal drinking and driving laws in Canada

The most serious drinking and driving laws in Canada are at the federal level. These laws apply across the country, and can result in arrest and criminal charges if you break them.

The federal BAC limit is .08%.

Any driver in Canada with a BAC over .08 can face criminal charges. At this level, impaired driving convictions come with mandatory minimum fines and the possibility of imprisonment.

These are the potential penalties for someone charged with having a BAC over .08% within two hours of driving:

First offence	Second offence	Third offence
Minimum $1,000 fine Maximum 10 years’ imprisonment	Minimum 30 days’ imprisonment Maximum 10 years’ imprisonment	Minimum 120 days’ imprisonment Maximum 10 years’ imprisonment

Refusing to provide a breath sample carries a minimum $2,000 fine. Additionally, there are escalating minimum fines for first offenders with a BAC of .12–.159 or .160 and above.

Provincial drinking and driving laws and penalties

While federal laws punish those driving with BAC levels of .08 and up, most provincial laws deal with drivers in the range of zero to .079 BAC. Instead of criminal charges, provincial penalties tend to deal more with driver’s licence suspensions, fines, vehicle impoundments, or mandatory education programs.

Most of these penalties can be issued immediately when a driver receives a warn indication on a breath screening device.

It’s possible for someone to face both federal and provincial penalties depending on the circumstances.

British Columbia

In BC, the prohibited BAC level is 0.05. If a breath sample indicates a driver has a BAC of 0.05 or greater, they may receive an immediate roadside prohibition — meaning their driving privileges are suspended right then and there.

A BAC of 0.05 to 0.079 is the warn range in BC.

If someone fails a breath sample test (or refuses to do one), they may be given an immediate 90-day driving prohibition. Police may also recommend criminal charges.

Police in BC may also issue an immediate 24-hour licence suspension if they have reasonable grounds to believe someone is under the influence of drugs or alcohol while having care and control of a vehicle — no breath screening needed.

If someone’s breath sample lands in the warn range, the following penalties may apply in BC for each offence within a five-year period:

First offence	Second offence	Third offence
Three-day driving prohibition Three-day vehicle impoundment (driver pays towing and impound fees) $200 penalty Licence reinstatement fees	Seven-day driving prohibition Seven-day vehicle impoundment $300 penalty Referral to the Responsible Driver Program	30-day driving prohibition 30-day vehicle impoundment $400 penalty Referral to Responsible Driver Program or Ignition Interlock Program

In addition to the above, drivers who are part of the graduated licensing program (drivers with an L or an N) may not drive with any alcohol (or other drugs) in their system. If they’re caught with anything above zero BAC, they will receive a 12-hour licence suspension and have their driving record reviewed (which may lead to further restrictions). Novice (N) drivers will restart their 2-year period, and learner (L) drivers will need to retake all of their licensing tests.

Saskatchewan

Like BC and Alberta, Saskatchewan has a set of penalties for drivers facing criminal impairment charges (with a BAC of 0.08 or higher), and another set for those caught with lower BAC.

Saskatchewan’s impaired BAC range is from 0.04 to 0.08.

Notably, Saskatchewan imposes stricter penalties for impaired drivers with passengers in their vehicle under the age of 16. Experienced drivers (holding a licence equivalent to a Class 5) face the following penalties if they’re caught with an impaired BAC:

First offence (within 10 years)	Second offence (within 10 years)	Third offence (within 10 years)
Three-day licence suspension (Seven days if transporting passengers under 16) Three-day vehicle impoundment (Seven days if transporting passengers under 16) Enrollment in Driving Without Impairment program	21-day licence suspension (30 days if transporting passengers under 16) Seven-day vehicle impoundment (30 days if transporting passengers under 16) Enrollment in Alcohol and Drug Education program	90-day licence suspension (120 days if transporting passengers under 16) 14-day vehicle impoundment (60 days if transporting passengers under 16) Addiction assessment Mandatory ignition interlock device

Drivers facing their first or second offence can get their licence back before completing the requisite courses, but they do have to take the course within 120 days. Upon the third offence, the driver can’t get their licence back until they’ve completed the addiction assessment and had the ignition interlock device installed.

Whether an experienced driver or a new driver, there are heavier penalties for those caught driving with a BAC of 0.08 or higher or those refusing to give a sample:

First offence	Second offence	Third offence
Indefinite licence suspension (until charges are resolved in court) Vehicle impoundment (30 days if BAC under 0.16, 60 days if BAC over 0.16) Enrollment in Driving Without Impairment program Mandatory ignition interlock (1 year for BAC less than .16, 2 years for BAC over .16)	Indefinite licence suspension (until charges are resolved in court) Vehicle impoundment (30 days if BAC under 0.16, 60 days if BAC over .16) Enrollment in Alcohol and Drug Education program Mandatory ignition interlock (3 years for BAC less than .16, 5 years for BAC over .16)	Indefinite licence suspension (until charges are resolved in court) Vehicle impoundment (30 days if BAC under 0.16, 60 days if BAC over 0.16) Addiction assessment Mandatory ignition interlock (10 years)

New drivers in Saskatchewan face strict rules and penalties for impaired driving. Like other provinces, Saskatchewan imposes a zero-tolerance policy for drinking and driving with new drivers. A new driver caught with any detectable BAC faces similar penalties to the above, though with more severe licence suspensions:

• First offence: 60-day suspension
• Second offence: 120-day suspension
• Third offence: 18-month suspension

A new driver facing their second offence may opt to install an ignition interlock device to reduce the length of their suspension.

Ontario

Ontario’s warn range for impaired driving is 0.05 to 0.079 BAC.

A driver caught driving with a BAC in that range may face the following penalties:

First offence	Second offence	Third offence
Seven-day licence suspension $250 fine Mandatory enrollment in education or treatment programs	14-day licence suspension $350 fine Mandatory enrollment in education or treatment programs	30-day licence suspension $450 fine Mandatory enrollment in education or treatment programs Six-month ignition interlock requirement

Drivers in Ontario caught with a BAC of 0.08 or higher, or those who refuse to comply with a demand for testing, face the following penalties (in addition to potential criminal charges):

First offence	Second offence	Third offence
90-day licence suspension Seven-day vehicle impoundment $550 penalty	90-day licence suspension Seven-day vehicle impoundment $550 fine Mandatory enrollment in education or treatment programs	90-day licence suspension Seven-day vehicle impoundment $550 fine Mandatory enrollment in education or treatment programs Six-month ignition interlock requirement

In Ontario, there is a third stage of penalties for drivers who go on to be convicted of criminal impaired driving, with stricter penalties for each offence within a 10-year period. These are also in addition to any fines or jail time imposed by the courts:

First offence	Second offence	Third offence	Fourth offence
One-year licence suspension Mandatory enrollment in education or treatment programs One-year ignition interlock requirement	Three-year licence suspension Mandatory enrollment in education or treatment programs Three-year ignition interlock requirement Mandatory medical evaluation	Lifetime licence suspension (reviewable after 10 years) Mandatory enrollment in education or treatment programs Six-year ignition interlock requirement Mandatory medical evaluation	Lifetime licence suspension (no possibility of reduction)

Ontario also has a range of penalties for young or novice drivers. These penalties apply to drivers under 21 or with a class G1, G2, M1, or M2 licence if they have any detectable alcohol in their system. As with other drivers, these penalties apply to infractions within a 10-year period. These are in addition to the penalties above, depending on the driver’s BAC:

First offence	Second offence	Third offence
Seven-day licence suspension $60–$1,000 fine (if convicted) $250 penalty Mandatory enrollment in education or treatment programs	14-day licence suspension $60–$1,000 fine (if convicted) $350 penalty Mandatory enrollment in education or treatment programs	30-day licence suspension $60–$1,000 fine (if convicted) $450 penalty Mandatory enrollment in education or treatment programs Six-month ignition interlock requirement

Insurance impacts of drinking and driving

There are several ways that drinking and driving can impact your car insurance, and none of them are good.

Denial of claims

If you’re in an accident while under the influence of alcohol or other drugs, your insurer may not be required to pay anything to repair your vehicle or cover your liability for damage. If you read your car insurance policy, you’ll see some manner of exclusion for driving while impaired or while otherwise not entitled to operate a vehicle. This will tell you the circumstances under which your coverage may be reduced or denied.

For example, as of 2023, impaired drivers in Manitoba are responsible for covering the cost of any damage they cause while driving impaired. Such costs would otherwise be covered by their third-party liability coverage.

Increased premiums

One thing you can count on is an increase in premiums if you’re caught drinking and driving. How much they increase will vary widely, however.

In the provinces with public insurers, you can figure out exactly how much your car insurance premiums will change when you’re caught drinking and driving. For example, in BC, you’ll have to start paying a Driver Risk Premium. This starts at $453/year after a second licence suspension, or $1,108/year after a single criminal offence. Similarly, Manitoba’s Driver Safety Rating system allows you to see how your premiums will change. If an impaired driving charge drops you from a +10 to a +5, your driver premium will increase by $10 and your vehicle discount will drop from 35% to 22%.

In provinces with private insurance, it’s not so easy to know how your premiums will change. Each insurer decides how they want to treat impaired driving charges. Depending on the severity of the impaired driving (not to mention the frequency), your premiums could double, triple, or more.

Difficulty finding insurance

Many insurance providers don’t issue policies to drivers with impaired driving charges at all, particularly multiple charges. After getting caught drinking and driving, your provider might cancel your policy entirely. If that happens, you may find it difficult to find another provider willing to offer coverage.

Once a driver has been designated high-risk, they may have to seek car insurance through special channels, such as the Facility Association. Often, the driver will have no choice but to continue insuring with the Facility Association until three years have passed without accruing any more serious convictions.

Notably, car insurance denials are mostly an issue in provinces with private car insurance providers. In BC, Saskatchewan, and Manitoba, you can’t seek car insurance from a high-risk provider because there are no providers aside from the public insurers. Instead, ICBC, SGI, and MPI insure high-risk drivers themselves (in exchange for much, much higher premiums).

Commonly asked questions

Do I need to inform my insurer if I’m convicted of impaired driving?

Generally, yes, you’re obligated to inform your insurer if you’re convicted of impaired driving, or if you have your licence suspended. These constitute material changes in risk, which policyholders are always obligated to inform their insurer of (whether car, home, or other insurance).

That most certainly includes impaired driving convictions, licence suspensions, or other such penalties. If you’re insured by a private insurer (such as in Alberta, Ontario, or Quebec), you’re obligated to inform your insurer of convictions or suspensions. Failure to do so would result in a void policy — and they’d find out about it eventually anyway.

In provinces with public insurers, there is usually no need to inform the insurance provider if the incident occurred in your home province. Since driver’s licences are issued by the insurers in these provinces (including BC, Saskatchewan, and Manitoba), they’ll know of any suspensions or charges.

How much does it cost to reinstate your driver’s licence?

A licence reinstatement fee is one of the many additional costs of having your licence suspended for impaired driving. Reinstatement fees vary by province, but are typically between $200 and $300.

Is impaired driving the same as a DUI in Canada?

DUI, or “driving under the influence” is largely an American term, and doesn’t appear in the Criminal Code of Canada. Nor does its cousin DWI, or “driving while impaired.” Impaired driving is the preferred term in Canadian law, meaning essentially the same thing as DUI or DWI.

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