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Table 2 - Criminal Code Penalties For Impaired Driving Offences

OFFENCE PENALTIES
  Prohibition from Driving (Mandatory)* Fine** Jail**
DRIVING WHILE IMPAIRED BAC OVER .08** (refusal to provide sample) 1st Offence Summary Indictment 12 to 36 months
12 to 36 months 		$1,000 to $5,000 up to $5,000 0 to 18 months up to 5 years
2nd Offence Summary Indictment 24 to 60 months
24 to 60 months 		$1,000 to $5,000 no maximum 30 days to 18 months up to 5 years
3rd Offence Summary Indictment 36 months to lifetime ban up to $5,000 no maximum 120 days to 18 months up to 5 years
IMPAIRED DRIVING CAUSING BODILY HARM   Indictment up to 10 years no maximum up to 10 years
IMPAIRED DRIVING CAUSING DEATH   Indictment up to lifetime no maximum up to life imprisonment

* The Criminal Code's driving prohibition is distinct from any driving licence suspension that a province or territory may impose. Under the Criminal Code, an offender may drive during the remainder of the prohibition period, provided the offender is registered in a provincial/territorial ignition interlock program. Unless the sentencing judge orders otherwise, the start date for driving with an interlock can be as follows: 1st offence - after at least 3 months of the driving prohibition has been served; 2nd offence - after at least 6 months of the driving prohibition has been served; 3rd offence - after at least 12 months of the driving prohibition has been served.

** Mandatory penalties in addition to prohibition from driving are as follows: 1st offence - $600 minimum fine; 2nd offence - minimum 14 days imprisonment; 3rd offence - minimum 90 days imprisonment.

Date modified:
2009-09-10