Canadian Impaired Driving Offences;

If you’ve been charged with impaired driving, it’s crucial to understand that these types of offences are taken very seriously by the criminal justice system in Canada. Our skilled criminal defence lawyers are here to help you navigate the legal process and fight for the best possible outcome in your case. Whether you’ve been charged with driving under the influence of alcohol, drugs, or a combination of the two, we have the knowledge and expertise to defend you. In Canada, the maximum legal blood alcohol concentration (BAC) for fully licensed drivers is 0.08%.

If your BAC is over this limit, you may face criminal charges and severe penalties. In Ontario, you may also face consequences if your BAC is between 0.05% and 0.08%. This is known as the “warn range.” In addition to alcohol, it’s illegal to operate a vehicle while impaired by any drug, including illegal drugs, cannabis, prescription medications, and over-the-counter drugs. If you’re a young or novice driver (with a G1, G2, M1, or M2 license), you are subject to Ontario’s “zero tolerance” rule and must have a BAC of 0% when behind the wheel. It’s also illegal to have any presence of cannabis or other drugs in your system that can be detected using approved drug screening equipment.

If you’re found to be impaired by any substance, you may face criminal charges and severe consequences. Some examples of driving offences include dangerous driving, driving disqualified, failure to remain, impaired care and control, and refusing roadside tests. Penalties for impaired driving can vary based on your age, licence type, the amount of alcohol or drugs in your system, and your history of convictions. If you’re found to be impaired or refuse a drug

Driving Offences Include;

  • Dangerous Driving
  • Driving Disqualified
  • Failure to remain
  • Impaired Care and Control
  • Refusing Roadside Tests

The Penalties can include the following:

If police determine that you are driving while impaired you will face penalties immediately. You will also face additional consequences later if you are convicted in court. The penalties you face can vary depending on your age, licence type, the amount of alcohol or drugs in your system, and how many times you have been convicted. If your blood alcohol concentration is 0.05 or higher, you fail a roadside sobriety test or you violate the zero tolerance requirements for young, novice and commercial drivers that begin on July 1, you will face:

First offence

  • 3-day licence suspension. This cannot be appealed.
  • $250 penalty

Second offence within 5 years

  • 7-day licence suspension (3-day suspension for commercial drivers). This cannot be appealed.
  • $350 penalty
  • You must attend a mandatory education program (for a second occurrence within 10 years)

Third and subsequent offences within 5 years

  • 30-day licence suspension (3-day suspension for commercial drivers). This cannot be appealed.
  • $450 penalty
  • You must attend a mandatory treatment program (for a third and subsequent offence within 10 years)
  • You will be required to use an ignition interlock device for at least six months (for the third and subsequent offence within 10 years)
  • You will need to undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario (for the fourth and subsequent offence within 10 years).

In addition to the penalties above, you will also face a $281 licence reinstatement fee each time your licence is suspended. Young or novice drivers may also be charged under the Highway Traffic Act and if convicted, you will face an additional suspension and fine.

Penalties for a BAC Over the Legal Limit, Refuse Testing or Impairment

If you refuse to take a drug or alcohol test, you register a BAC over 0.08 or if a drug recognition evaluator determines that you are impaired, you will face:

  • 90-day licence suspension
  • 7-day vehicle impoundment
  • $550 penalty
  • $281 licence reinstatement fee
  • You must attend a mandatory education or treatment program (for second and subsequent occurrences within 10 years)
  • You will be required to use an ignition interlock device for at least 6 months (for third and subsequent occurrences within 10 years

If you are a young or novice driver convicted in court for violating the zero tolerance requirements for drugs and/or alcohol, your driver’s licence will be suspended again for at least 30 days and you will receive an additional $60-$500 fine.

No matter what age or licence you have, if you are convicted criminally of impaired driving in court, you can face additional fines and jail time, plus:

First offence

  • Licence suspension of at least 1 year
  • You must attend a mandatory education or treatment program
  • The requirement to use an ignition interlock device for at least 1 year
  • You will need to undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario

Second offence within 10 years

  • Licence suspension of at least 3 years
  • You must attend a mandatory education or treatment program
  • The requirement to use an ignition interlock device for at least 3 years
  • You will need to undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario

Third or more offences within 10 years

  • Lifetime licence suspension, which may be reduced after 10 years if you meet certain criteria
  • You must attend a mandatory education or treatment program
  • The requirement to use an ignition interlock device for at least 6 years
  • You will need to undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario

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Contact Information

1885 Wilson Ave Suite 100 (Jane St. & Wilson Ave), Toronto, ON, M9M 1A2.

Phone: 416-751-9555
Email: alonzoabbey@gmail.com

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