Impaired Driving in Ontario
What is impaired driving?
Impaired driving in Ontario, Canada, refers to operating a motor vehicle while under the influence of alcohol or drugs, which can impair a person’s ability to drive safely. This includes driving under the influence of alcohol, illegal drugs, prescription medications, or a combination of these substances.
If you or anyone you know is facing impaired driving charges, it is important to know that the consequences for driving under the influence in Ontario can include fines, driver’s license suspension, vehicle impoundment, and imprisonment. The severity of penalties may vary depending on factors such as the level of impairment, prior offenses, and whether there was any harm caused to others.
List of “warn range” penalties for all drivers
Individuals would also have to pay a license reinstatement fee every time the driver’s license is suspended.
- With a Blood Alcohol Concentration (BAC) between 0.05-0.079
- Who fail the Standard Field Sobriety Test (alcohol and/or drugs)
First Time
- 3-day immediate licence suspension
- $250 penalty
Second Time
- 7-day immediate licence suspension
- education or treatment program
- $350 penalty
Third Time
- 30-day immediate licence suspension
- education or treatment program
- Ignition Interlock condition for six months
- $450 penalty
List of impairment penalties for all drivers
Individuals would also have to pay a license reinstatement fee every time the license is suspended.
- with Blood Alcohol Concentration of 0.08 or more
- who fail or refuse to comply with a demand for alcohol or drug testing
- who perform poorly during a Drug Recognition Expert evaluation (drugs or a combination of drugs and alcohol)
First Time
- Immediate roadside 90-day suspension
- 7-day vehicle impoundment
- $550 penalty
Second Time
- Immediate roadside 90-day suspension
- 7-day vehicle impoundment
- education and treatment program
- $550 penalty
Third Time
- Immediate roadside 90-day suspension
- 7-day vehicle impoundment
- education and treatment program
- Ignition Interlock condition for six months
- $550 penalty
List of penalties for young and novice drivers
If you are 21 and under or have a G1, G2, M1 or M2 license you cannot have any drugs or alcohol in your system. You will face these penalties, plus you can face additional penalties for impairment just like any other fully licensed driver. If you are convicted, your license can be suspended for an additional 30 or 90 days, or cancelled, depending on your age and the class of driver’s license you have.
You’ll also have to pay a license reinstatement fee every time your license is suspended.
First Time
- 3-day immediate roadside license suspension
- $60-$1000 fine (if convicted)
- $250 penalty
Second Time
- 7-day immediate roadside license suspension
- $60-$1000 fine (if convicted)
- education or treatment program
- $350 penalty
Third Time
- 30-day immediate roadside license suspension
- $60-$1000 fine (if convicted)
- education or treatment program
- Ignition Interlock condition for six months
- $450 penalty
Is impaired driving a criminal offence in Canada?
Yes, impaired driving is indeed a criminal offense in Canada. It is governed by the Criminal Code of Canada, specifically under sections 253 and 254. Under these sections, impaired driving encompasses operating a motor vehicle while impaired by alcohol, drugs (including both illegal substances and prescription medications), or a combination of both. This offense is taken very seriously in Canada, and those charged with drunk driving can face severe penalties, including fines, license suspension, imprisonment, and a criminal record.
Laws for Impaired Driving in Ontario:
On December 18, 2018, Canada implemented new legislation regarding driving while intoxicated. The Canadian government changed the country’s drunk driving regulations, granting law enforcement more authority. The changes included in the legislation include :
- Mandatory alcohol breathalyzer testing that no longer requires reasonable suspicion. You can be charged if you refuse to take the roadside test.
- No more bolus drinking defense meaning in the past drivers could argue they consumed alcohol just before driving and it was not absorbed. This defence is eliminated.
- Police have the authority to demand oral fluid samples (saliva) if they suspect the driver is impaired from drugs. A positive test could lead to further testing, such as a blood test.
- Drivers with two nanograms but less than five nanograms of THC per millilitre of blood could potentially face a fine of up to $1,000. More than five nanograms or mixing drugs with alcohol could lead to more significant fines and possible jail time.
Need a DUI Lawyer? Vick Hundal can help:
- Potentially having your charges reduced or withdrawn.
- Fighting for your rights.
- Navigating the complexities of the legal system.
How does impaired driving affect insurance?
Impaired driving can have significant effects on insurance in Ontario, Canada. When a driver is convicted of drinking and driving in Ontario, it is considered a serious offense, and it typically leads to a significant increase in insurance premiums, if the individual is even able to obtain insurance at all.
How long does Impaired driving affect insurance?
The length of time that impaired driving affects insurance in Ontario, Canada, can vary depending on several factors, including the insurance company’s policies and the severity of the offense. Typically, an impaired driving conviction remains on a driver’s record for several years, usually ranging from 3 to 10 years or more, depending on the specific circumstances and the laws of the province.
How does license suspension work?
In Ontario, license suspension resulting from impaired driving is a serious consequence outlined in both the Criminal Code of Canada and the provincial Highway Traffic Act. When a driver is charged with impaired driving, their license is typically suspended immediately, even before they are convicted in court.
The length of the license suspension can vary depending on factors such as the driver’s blood alcohol concentration (BAC) level, whether it is a first offense, and whether there are any prior convictions.
How to fight an impaired driving charge in Ontario?
Being charged with drunk driving in Canada, can be complex, but it’s possible with the help of a skilled Brampton impaired driving lawyer.
Vick Hundal can play a crucial role in helping you win your Ontario DUI case by providing expert legal advice, building a strong defense strategy, and advocating on your behalf. Vick Hundal offers many benefits including:
- Legal knowledge and experience
- Strong negotiation skills
- Strategic advice
- Support and guidance
Frequently Asked Question's
Avoiding driving while impaired is crucial for your safety and the safety of others on the road. Here are some tips to help you avoid driving while impaired:
- Plan ahead
- Use alternative transportation
- Stay sober
- Monitor prescription medications
- Arrange for a designated driver
- Educate others
- Be responsible
The Back on Track program is a remedial program in Ontario, Canada, specifically designed for individuals who have been convicted of impaired driving offenses. It is administered by the Ministry of Transportation of Ontario (MTO) and aims to educate participants about the dangers of impaired driving and promote responsible behavior behind the wheel.
Ontario police use various methods and techniques to detect impaired drivers on the road. Some of the common methods include:
- Routine traffic stops
- Standardized field sobriety tests
- Breathalyzer tests
- Drug recognition evaluations
- Checkpoint and RIDE programs
In Ontario, Canada, refusing to comply with a roadside sobriety test, which typically includes a breathalyzer test to measure blood alcohol concentration (BAC), can result in serious penalties. These penalties are designed to deter individuals from refusing to cooperate with law enforcement officers during impaired driving investigations. Here are some potential consequences for refusing a roadside sobriety test in Ontario:
- Immediate administrative penalties
- Criminal charges
- Increased penalties upon conviction
- Vehicle impoundment
- Increased insurance premiums
In Ontario, Canada, impaired driving offenses remain on your driving record for a significant period of time. The exact duration depends on the specific offense and the penalties imposed.
The terms “impaired driving” and “DUI” (Driving Under the Influence) are often used interchangeably, but they can have different legal definitions and implications depending on the jurisdiction. However, in many cases, they refer to the same offense of operating a motor vehicle while under the influence of alcohol or drugs.