Ministry of Transportation / Ministère des Transports
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Impaired Driving

Consequences of Drinking and Driving
Consequences Test 0.05 to 0.08 BAC - "Warn Range" Impaired Driving Conviction: Impaired driving, test over legal limit - 0.08 BAC or refuse test
1st Time 2nd Time
(within 5 yrs)
3rd and Subsequent
(within 5 yrs)
1st Offence 2nd Offence 3rd and Subsequent Offence
Roadside Suspension ¹ 3 days 7 days 30 days 90 days  90 days  90 days 
Administrative Monetary Penalty $150 $150 $150 $150 $150 $150
Alcohol Education Program No Yes No Yes Yes Yes
Alcohol Treatment Program No No Yes

Subsequent offences include a mandatory Medical Review
Yes Yes Yes
Ignition Interlock Condition No No 6 months 1 year minimum² 3 year minimum Lifetime
7-Day Vehicle Impoundment No No No Yes Yes Yes
Minimum Jail Sentence - on conviction n/a n/a n/a No 30 days 120 days
Fine - on conviction n/a n/a n/a $1000 Judge’s discretion Judge’s discretion
Licence Suspension - on conviction n/a n/a n/a 1 year ², ³ 3 years ³ Lifetime ³

Lifetime licence suspension is reducible to 10 years if certain conditions are met

Notes:
¹ Road side suspensions are separate and distinct from any charges a driver faces in court.
²The Reduced Suspension with Ignition Interlock Conduct Review Program will allow eligible drivers convicted for a first time of an alcohol-impaired driving offence under the Criminal Code on or after August 3, 2010 to reduce their licence suspension in return for meeting specific requirements, such as the mandatory installation of an approved ignition interlock device in their vehicle.
³
Drivers who are caught driving while their licence is suspended for a Criminal Code driving conviction will have the vehicle they are driving impounded for a minimum of 45 days and face fines from $5,000 - $50,000.
4. Effective December 1, 2010, drivers who are required to have a vehicle ignition interlock device and are caught driving without such a device face a 7-day vehicle impoundment.  As well, drivers caught while driving under specific HTA licence suspensions, including those under the warn range, also face a 7-day vehicle impoundment.