Toronto Criminal Lawyer

Impaired Driving Is a Criminal Offence in Canada

Impaired driving is one of the most commonly prosecuted criminal offences in Ontario. Despite public awareness campaigns and tougher legislation, thousands of Canadians are charged every year with impaired operation of a motor vehicle or operation with a blood alcohol concentration at or over 80 milligrams of alcohol per 100 millilitres of blood. These offences are set out in sections 320.14 and 320.15 of the Criminal Code, and they carry serious penalties that increase with the severity of the offence and with repeat convictions.

It is important to understand that impaired driving is not merely a traffic offence or a regulatory violation. A conviction results in a criminal record, which can affect employment, travel, immigration status, and many other aspects of your life. If you are facing an impaired driving charge in Toronto, the consequences are significant and should not be taken lightly.

Penalties for a First Offence

For a first impaired driving offence where no bodily harm or death has resulted, the minimum and maximum penalties under the Criminal Code are as follows:

• Mandatory minimum fine — $1,000. The court cannot impose a fine lower than this amount for a first offence.
• Driving prohibition — A minimum one-year driving prohibition imposed by the court, in addition to any administrative suspension by the province.
• Maximum penalty — Up to 10 years imprisonment if prosecuted by indictment.
• Criminal record — A conviction will appear on your criminal record and will be accessible through police background checks.

In addition to the federal Criminal Code penalties, Ontario imposes its own administrative consequences through the Highway Traffic Act and regulations under the Ministry of Transportation:

• Immediate 90-day licence suspension — Upon being charged, your licence is administratively suspended for 90 days, even before conviction.
• Ignition interlock requirement — After conviction, you may be required to install an ignition interlock device in your vehicle for a minimum of one year.
• Back on Track program — Ontario requires convicted impaired drivers to complete the Back on Track remedial measures program before their licence can be reinstated.
• Licence reinstatement fees — Substantial fees apply to have your licence reinstated after a suspension period.

Penalties for Repeat Offences

The Criminal Code imposes escalating mandatory minimum penalties for second and subsequent impaired driving offences:

• Second offence — A mandatory minimum of 30 days imprisonment. The driving prohibition increases to a minimum of two years.
• Third or subsequent offence — A mandatory minimum of 120 days imprisonment. The driving prohibition is a minimum of three years.

These are mandatory minimums, meaning the judge has no discretion to impose a lesser sentence. In practice, sentences for repeat offenders are often significantly higher than the minimums, particularly where there are aggravating circumstances.

Ontario's administrative penalties also increase for repeat offenders. A second offence triggers a three-year licence suspension and a three-year ignition interlock requirement after reinstatement. A third offence results in a lifetime licence suspension, although an application for reinstatement may be possible after 10 years subject to conditions.

Impaired Driving Causing Bodily Harm or Death

Where impaired driving results in bodily harm or death, the penalties increase dramatically. These are among the most serious offences in the Criminal Code:

• Impaired driving causing bodily harm — Maximum penalty of 14 years imprisonment if prosecuted by indictment.
• Impaired driving causing death — Maximum penalty of life imprisonment.

Sentences in these cases are heavily influenced by the specific facts. Courts consider factors such as the degree of impairment, the extent of injuries or the circumstances of the death, the accused's driving history, and any expressions of remorse. Jail sentences of several years are common in cases involving serious injury or death.

Refusing a Breath Sample

Under section 320.15 of the Criminal Code, refusing to provide a breath sample when lawfully demanded by a police officer is a criminal offence that carries the same penalties as impaired driving. Many people mistakenly believe that refusing a breathalyzer is a less serious option than providing a sample that may be over the legal limit. This is not the case.

A refusal charge carries the same mandatory minimum fine of $1,000 for a first offence, the same driving prohibition, and the same criminal record consequences. Understanding your obligations when stopped by police is important, and you can read more about what happens if you refuse a breathalyzer on our site.

Defending Against Impaired Driving Charges

Despite the serious penalties, impaired driving charges are defendable. There are a number of potential defences and procedural challenges that an experienced lawyer may pursue, depending on the circumstances of your case:

• Charter rights violations — If your rights under the Canadian Charter of Rights and Freedoms were violated during the stop, detention, or breath testing process, evidence obtained as a result may be excluded.
• Improper breath testing procedures — Strict procedures must be followed when administering breath tests. Failure to follow these procedures can invalidate the results.
• Lack of reasonable grounds — The officer must have had reasonable grounds to make a breath demand. If the grounds were insufficient, the demand may have been unlawful.
• Issues with the approved instrument — The breath testing instrument must be properly maintained and calibrated. Technical issues can provide a basis for challenging the results.

Every case is different, and the strength of a potential defence depends entirely on the specific facts. If you have been charged, speaking with a criminal defence lawyer who regularly handles impaired driving cases is essential. You can learn more about the process after an arrest in Ontario to understand what steps come next.

For the full text of the impaired driving provisions in the Criminal Code, visit the Department of Justice legislation site.