DUI Charges & Impaired Driving Penalties (Criminal Code of Canada)

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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