Impaired Driving means operating a vehicle (including cars, trucks, boats, snowmobiles and off-road vehicles) while your ability to do so has been compromised to any degree by consuming alcohol, drugs or a combination of the two;

Throughout Canada, the maximum legal blood alcohol concentration (BAC) for fully licensed drivers is to be under 80 milligrams of alcohol in 100 millilitres of blood, or 0.08. Driving with  a BAC of 0.08 or over is a criminal offence and the penalties are severe. In Ontario, you will also face serious consequences if your BAC is between 0.05 and 0.08. This is commonly referred to as the “warn range.”

If police determine that you are driving while impaired by any drug, including illegal drugs, cannabis, prescription and over-the-counter medications, you will face severe consequences and criminal charges.

Drivers age 21 or under and novice drivers of any age (with G1, G2, M1, or M2 licenses) must not have any presence of alcohol in their blood when behind the wheel. This is commonly referred to as the “zero BAC” or “zero tolerance” rule.

Young and novice drivers are prohibited from having any presence of cannabis in their system as well as other drugs that can be detected using  approved drug screening equipment. That means that Ontario has a zero tolerance approach to both alcohol and drugs for all young and novice drivers.

If police determine that you have the presence of cannabis or alcohol in your system and/or that you are impaired by any substance including illegal drugs, prescription drugs or over-the-counter medications, you will face severe consequences and potential criminal charges.

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 third and subsequent offence within 10 years)
  • You will be required to use an ignition interlock device for at least six months (for 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 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
  • 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
  • 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 offence 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
  • 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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