At the start of this year, Ontario brought new tools into law for the fight against impaired driving. The ramping of penalties included a dramatic increase in the use of ignition interlocks, lifetime driving bans for anyone convicted of a DUI causing death, and the ability for the law to insist upon mandatory education and treatment.
The federal government, when it is not busy proroguing parliament or shouting at each other like infants, has a role in updating laws which are designed to quash impaired driving. One can consider these rules as the base punishment for getting behind the wheel whilst inebriated, since the provinces and territories also have certain powers to levy further measures on those who insist on endangering us all.
Licence suspensions at a blood alcohol concentration (BAC) level of .05, zero tolerance for young or novice drivers, ignition interlocks – it’s all on the table and ready to be thrown at drivers who make bad decisions and find themselves on a very pointy end of the Criminal Code. By layering their own brand of justice on top of what the feds have outlined, each province seeks to bring the heavy to anyone caught impaired whilst driving.
Federally, in addition to the offence of impaired driving, there are separate offences of having specified prohibited levels of alcohol, cannabis, or certain other drugs in the blood within two hours of driving. The prohibited BAC is 80 milligrams or more of alcohol per 100 ml of blood (colloquially, that’s referred to as .08). As for weed, 5 nanograms of THC or more per ml of blood is an offence, though one can be tagged at just 2 ng. The chart above is from the feds.
The provincial penalties here are accurate at the time of this writing, and we must point out that every case is different and nothing here should be construed as legal advice. We can barely worm our way out of a parking ticket, fer chrissakes. There is also a good chance penalties will not end with what’s described below and everything described is in addition to or superseding federal laws. Like a winter storm, we’ll start out west and work our way east.
British Columbia
Remember, impaired driving is not limited to being under the influence of alcohol. A person can be charged if inebriated by prescription, legal, or illegal drugs. If you are caught, the B.C. courts could apply a driving suspension from 24 hours to 90 days, vehicle impoundment, fines up to $4,060, or a jail sentence. Mandatory rehab and the installation of an ignition interlock in your vehicle are also in the legal system toolkit.
Alberta
Penalties for first-time offences can include fines, licence suspension, interlock device usage, and driving record entries. Civil and criminal charges are possible. Penalties for second-time offenders are more severe, potentially including jail time. Relatively new legislation says first-time offenders with a blood alcohol concentration between .05 and .1 could face a 3-day licence suspension, a 3-day vehicle seizure, and a $300 fine.
Saskatchewan
Among other penalties, BAC levels between .04 and .08 will be rewarded with an immediate roadside licence suspension of three days for an experienced driver or 60 days for a newbie if it’s their first offence. The noobs also loses their ride for half a week but either will need to attend a DWI program. All drivers with a BAC between .08 and .15 BAC are off the road for 30 days while a .16 BAC and over (or refusing the breathalyser) doubles that period. Fines start around $3,000.
Manitoba
Immediate consequences under the Highway Traffic Act for a .05+ BAC can include an instant three-day licence suspension, or three-month ban if you refuse to give a sample. Doing that, or blowing over .08 could get a minimum $1,000 fine, 30 days in the clink, and a year off the road. Vehicle forfeiture is also on the table.
Ontario
As the impetus for this article, we will reiterate there are strict new regs this year, ones initially announced last May. Anyone convicted of impaired driving will have to install an ignition interlock device in their vehicle, while also undergoing mandatory education and treatment for first- and second-time alcohol- and drug-related offences, respectively. Drivers convicted of impaired driving causing death will receive a lifetime licence suspension – too bad the laws of space and time mean that ban can’t be longer.
Quebec
Upon being arrested for exceeding the .08 BAC limit, there is an immediate licence suspension of 24 hours or 90 days depending on the situation, along with losing the car for a month. After a criminal conviction of the same, expect a $1,000 fine plus at least a one-year driving ban, an ignition interlock, and rehabilatory education. There is zero alcohol tolerance for new drivers, netting a 90-day ban and up to $600 fine.
New Brunswick
As of January 1, new rules are in effect for this province. Drivers who are found to have a BAC of .05 or more (or who perform poorly on a Standard Field Sobriety Test) will be issued a seven-day driver’s licence suspension and the car is gone for three days. A three-month licence suspension is issued roadside for drivers found with a BAC in excess of .08 or who refuse to comply with a demand. Vehicle impoundment is a month. Fines can top $3,000.
Prince Edward Island
In the 2023 calendar year, this province had the highest rate of impaired driving incidents in the country, according to data from Statistics Canada. The data of police-reported crime that year showed the province had a rate of 515 incidents of impaired driving per 100,000 people, over a hundred more than the next province. As for enforcement, one’s licence is immediately gone for 24 hours with a follow-up ban of 90 days on the table. It’ll cost $750 for you to get it back. The vehicle is impounded for a month. Criminal convictions can lead to the loss of driving privileges for a year after which one gets to enjoy an interlock device. Those are all for first offences, with escalating penalties for second and third offences.
Nova Scotia
There is zero permissible levels of alcohol allowed in new drivers. Everyone else is on the hook for a fine between $600 and $2,000 for their first offence plus the revocation of driving privileges for one year from the date of conviction. One must also complete an Addiction/Drug Dependency Services assessment program. Ignition interlock devices are on the table, as are hefty fines for anyone refusing the breathalyser.
Newfoundland & Labrador
If caught with a BAC of .08 or higher, drivers face immediate suspension of their licence for 24 hours, criminal charges, fines, and a one-year driving ban. Refusing sobriety tests leads to penalties equal to blowing over .08 BAC. There is an immediate 24-hour licence suspension for measures between .05 and .08 on a first offence; drivers found with .08 or greater will also face criminal charges and have their vehicle impounded for a minimum of 30 days. Newbies or any driver under the age 22 are subject to zero-tolerance policy in which their vehicles will be impounded if they have any BAC at all.
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