Ministry of Transportation / Ministère des Transports
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Driver's licence laws
 
Alcohol
 

The police can stop any driver to determine if alcohol or drug testing is required. They may also do roadside spot checks. When stopped by the police, you may be told to blow into a machine that tests your breath for alcohol, a roadside screening device, or perform physical co-ordination tests. If you fail or refuse to provide a breath sample or to perform the physical co-ordination tests, you will be charged under the Criminal Code.

If you cannot give a breath sample or it is impractical to obtain a sample of breath, the police officer can require you to provide a blood sample instead.

If the police believe that a driver is impaired because of the consumption of a drug or a combination of alcohol and a drug, they can also require a driver to submit to a drug evaluation and then require a driver to provide blood, oral fluid or urine samples. If you fail or refuse to comply with any of these demands, you will be charged under the Criminal Code.

Driving impaired or with more than 80 milligrams of alcohol in 100 millilitres of blood (.08) is an offence under the Criminal Code. Even if your blood alcohol concentration is less than .08, you can still be charged with impaired driving under the Criminal Code.

You will receive an immediate 90-day administrative driver's licence suspension if your blood alcohol concentration is more than .08, or if you fail or refuse to provide a breath or bodily fluid sample, perform a physical co-ordination test or submit to an evaluation. You will also be subject to an immediate seven-day vehicle impoundment.

If you register a BAC from .05 to .08 (known as the “warn range”), you will receive an immediate driver’s licence suspension. For a first occurrence, you will be suspended for three days. For a second occurrence in a five-year period, you will be immediately suspended for seven days and you must undergo a remedial alcohol education program. For a third or subsequent time in a five-year period, you will be immediately suspended for 30 days, must undergo a remedial alcohol-treatment program and have an ignition interlock condition placed on your licence for six months. If you choose not to install an ignition interlock device, you must not drive until the condition is removed from your licence. If there is no one else available to drive and no safe place to park your vehicle, it will be towed at your expense.

If you are 21 years of age and under and hold a full-class driver’s licence you must not drive if you have been drinking alcohol. Your blood alcohol level must be zero. If you are caught driving with alcohol in your blood, you will receive an immediate driver’s licence suspension at the roadside for 24 hours and, if convicted, you will face a fine of up to $500 and a 30-day licence suspension.

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