At Criminal Defence Connect, we want you to have access to the DUI charges and impaired driving penalties as laid out in the Criminal Code of Canada. Whether you’re in Toronto or in PEI, from British Columbia to Newfoundland & Labrador, here are the impaired driving charges in Canada.
Impaired Driving Charges, Offences & Penalties
Alcohol-impaired driving
Having a Blood Alcohol Concentration (BAC) at or over 80mg per 100ml of blood within 2 hours of driving
1st Offence
Mandatory Minimum: $1,000 fine
Maximum: 10 years imprisonment
2nd Offence
Mandatory Minimum: 30 days imprisonment
Maximum: 10 years imprisonment
3rd Offence
Mandatory Minimum: 120 days imprisonment
Maximum: 10 years imprisonment
Drug-Impaired Driving
- Having 5ng or more of THC per ml of blood
- Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6
imprisonment imprisonment mam within 2 hours of driving - Having 5mg or more of GHB per 1 litre of blood
1st Offence
Mandatory Minimum: $1,000 fine
Maximum: 10 years imprisonment
2nd Offence
Mandatory Minimum: 30 days imprisonment
Maximum: 10 years imprisonment
3rd Offence
Mandatory Minimum: 120 days imprisonment
Maximum: 10 years imprisonment
Combination Of Alcohol & Drug-Impaired Driving
- Having a BAC of 50mg per 100ml of blood +
5ng or more of THC per 1ml of blood within 2
hours of driving
1st Offence
Mandatory Minimum: $1,000 fine
Maximum: 10 years imprisonment
2nd Offence
Mandatory Minimum: 30 days imprisonment
Maximum: 10 years imprisonment
3rd Offence
Mandatory Minimum: 120 days imprisonment
Maximum: 10 years imprisonment
Refusal To Provide Sample
1st Offence: Minimum $2,000 fine
2nd Offence
Mandatory Minimum: 30 days imprisonment
Maximum: 10 years imprisonment
3rd Offence
Mandatory Minimum: 120 days imprisonment
Maximum: 10 years imprisonment
Summary Conviction: Drug-Impaired Driving
- Having over 2ng but less than 5ng of THC per ml
of blood within 2 hours of driving
1st, 2nd and 3rd Offences: Maximum $1,000 fine
Impaired Driving Causing Bodily Harm
Summary Conviction: Maximum 2-year imprisonment, less a day
Indictment: Maximum 14-year imprisonment
Impaired Driving Causing Death
Indictment: Maximum life imprisonment
Alcohol-Impaired First Offence At Various Blood Alcohol Concentration Ranges
First offence + BAC of 80-119mg: Mandatory minimum $1000 fine
First offence + BAC of 120-159mg: Mandatory minimum $1500 fine
First offence + BAC of 160mg or more: Mandatory minimum $2000 fine
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