What is Impaired Driving?

Driving under the influence (DUI), which is better known as driving while impaired (DWI) in Canada, is the offence of operating a vehicle while impaired to any degree, by drugs, alcohol, or a combination of both. The phrase “operating a vehicle” means to drive, navigate, or have care or control of it. If you are inside your car, you may be said to have care or control over it if your keys are easily accessible to you – even if you are asleep! The term “drugs” includes: cannabis, over-the-counter drugs, prescription medication, and illegal substances.[1]

When proving impaired driving, emphasis is placed on how alcohol or drugs are affecting an individual’s ability to drive. This means that a person can be charged with driving while impaired even though they have a blood alcohol concentration that is below the legal limit of 80 milligrams of alcohol per 100 millilitres of blood.

At a traffic stop, police officers are trained to observe, listen, and smell for signs that a driver may have alcohol or drugs in their system. Poor driving, lane straddling, swerving, slurred speech, unsteadiness, bloodshot eyes, and alcohol scented breath can be used as evidence against you to prove impaired driving. Further, police officers can demand that any lawfully-stopped driver provide a breath sample to test for alcohol.

Impaired driving laws apply to all motor vehicles including e-bikes, boats, snowmobiles, all-terrain vehicles, aircraft, and railway equipment.[2]

Types of Offence

In addition to driving while impaired, there are separate offences for having specific levels of alcohol or cannabis in the blood within two hours of driving.

The Criminal Code contains separate offences for individuals who operate motor vehicles when their blood contains:

  1. 80 milligrams or more of alcohol per 100 millilitres of blood
  2. Between 2 nanograms and 5 nanograms of THC per millilitre of blood
  3. 5 nanograms or more of THC per millilitre of blood
  4. A combination of 50 milligrams or more of alcohol per 100 millilitres of blood and 2.5 nanograms or more of THC per millilitre of blood
  5. 5 mg or more of Gamma Hydroxybutyrate (GHB) per litre of blood[3]

A police officer may demand that you participate in a Standardized Field Sobriety Test or provide a breath or oral fluid sample at the roadside. Failure to comply with a demand will result in criminal charges that carry the same, or greater, penalties as driving impaired.[4]

Ontario has a zero-tolerance policy for young, new, and commercial drivers. Having any alcohol or cannabis in your system when driving is prohibited if you:

  1. Are 21-years-old or under
  2. Have a G1, G2, M1 or M2 license
  3. Are driving a vehicle that requires an A-F driver’s license or a Commercial Vehicle Operator’s Registration (CVOR).[5]

Impaired Driving Penalties in Ontario

In Ontario, drivers who fail their Standard Field Sobriety Test or have between 50 to 79 milligrams of alcohol in 100 milliliters of blood are issued penalties meant as a warning. Individuals who fall in this category:

For the First Time – Receive a 3-day immediate license suspension and a $250 fine

For the Second Time – Receive a 7-day immediate license suspension, a $350 fine, and must enroll in an education or treatment program.

For the Third Time – Receive a 30-day immediate license suspension, a $450 fine, must enroll in an education or treatment program, and participate in the Ignition Interlock Program.

Drivers who register a blood alcohol concentration of 80 milligrams of alcohol per 100 milliliters of blood or more, fail or refuse to comply with a demand for alcohol or drug testing, or perform poorly during a Drug Recognition Expert evaluation are issued more serious penalties. Individuals who fall in this category:

For the First Time – Receive an immediate roadside 90-day suspension, a $550 fine, and their vehicle is impounded for 7 days.

For the Second Time – Receive an immediate roadside 90-day suspension, a $550 fine, must enroll in an education or treatment program, and their vehicle is impounded for 7 days

For the Third Time – Receive and immediate 90-day suspension, a $550 fine, must enroll in an education or treatment program, participate in the Ignition Interlock Program, and their vehicle is impounded for 7 days.

If you are convicted of impaired driving in court, you may face jail sentences and fines of up to $2000.[6] Individuals who are convicted:

For the First Time – Receive a license suspension of at least 1 year, must attend an education or treatment program, and are required to participate in the Ignition Interlock program for at least 1 year. This offence also carries a mandatory minimum fine of $1000, and the possibility of a jail sentence of up to 10 years.

For the Second Time – Receive a license suspension of at least 3 years, must attend an education or treatment program, and are required to participate in the Ignition Interlock program for at least 3 years. This offence also carries a jail sentence with a mandatory minimum of 30 days, but could range up to 10 years.

For the Third Time – Receive a lifetime license suspension which is reevaluated after 10 years if they meet certain criteria, must attend an education or treatment program, and are required to participate in the Ignition Interlock program for at least 6 years. This offence also carries a jail sentence which starts at a mandatory minimum of 120 days, but could range up to 10 years.

If you are found to be guilty of impaired driving two or more times within 10 years, you will need to undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario.  After a fourth conviction, a lifetime license suspension is registered against you with no possibility of a revaluation.[7]

An impaired driving causing death conviction under the Criminal Code carries the harshest possible penalty available in Canadian law, life imprisonment.

What is the Ignition Interlock Program?

When enrolled in the Ignition Interlock Program, an ignition interlock device is installed onto your vehicle. This device prevents the car’s engine from starting when a blood alcohol concentration of 0.02 milligrams of alcohol per 100 milliliters of blood or higher is detected on the driver’s breath. If a sample is not provided or the driver’s blood alcohol concentration exceeds the preset limit, the ignition interlock device will issue a warning, record the event, and activate specific alarm systems until the vehicle’s ignition is turned off.[8]

The Ignition Interlock Program is mandatory for drivers who have been convicted of an impaired driving offence. It is also required for those who receive three or more license suspensions within 10 years for impaired driving offences.

What is the Reduced Suspension with Ignition Interlock Conduct Review Program?

The Reduced Suspension with Ignition Interlock Conduct Review Program lets eligible drivers convicted of their first or second alcohol-impaired driving offence under the Criminal Code to reduce the length of their license suspension.

This program is divided into 3 streams.

Stream A applies to first-time offenders. Individuals in this stream must enter a guilty plea within 90 days of the date of the offence. Temporarily, this deadline has been extended to 282 days due to COVID-19 considerations (NOTE: this may not be the case by the time you read this blog post). Completing this program reduces your license suspension to a minimum of 3 months, after which an ignition interlock device is installed on your vehicle for a minimum of 9 months.

Stream B applies to first-time offenders who do not meet the requirements of Stream A. Completing this program reduces your license suspension to a minimum of 6 months, after which an ignition interlock device is installed on your vehicle for a minimum of 12 months.

Stream D applies to second-time offenders. Completing this program reduces your license suspension to a minimum of 9 months, after which an ignition interlock device is installed on your vehicle for a minimum of 18 months.[9]

Defending Impaired Driving – How Can Our Firm Assist You?

If you have been charged with an impaired driving offence, our team is here to help. The lawyers at Lakin Afolabi Law are knowledgeable and experienced in the area of impaired driving and other Criminal Code driving offences. We will review the facts of your case and advance defences that may be available to you, such as:

  • You were not driving the vehicle at the time of the offence
  • The breathalyzer was not functioning correctionally
  • Your vehicle was physically incapable of moving
  • Your breath samples were not taken as soon as practicably possible after the offence was committed
  • Your first breath sample was taken later than two hours after offence.
  • You drove because it was necessary to do so
  • Police did not inform you of your rights or interfered with the implementation of your rights

[1] https://www.ontario.ca/page/impaired-driving

[2] https://www.rcmp-grc.gc.ca/ts-sr/aldr-id-cfa-aldr-eng.htm#sfst

[3] https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/index.html

[4] https://www.rcmp-grc.gc.ca/ts-sr/aldr-id-cfa-aldr-eng.htm#sfst

[5] https://www.ontario.ca/page/impaired-driving AND https://www.ontario.ca/page/cannabis-and-driving

[6] https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/index.html

[7] https://www.ontario.ca/page/impaired-driving#section-3

[8] https://www.ontario.ca/page/ignition-interlock-program

[9] https://www.ontario.ca/page/reduced-suspension-ignition-interlock-conduct-review-program