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Motor Vehicle Offences Criminal Code, s. 320.14, 320.15, 320.19, 320.2, 320.21 Hybrid / Indictable

Impaired Driving

Impaired driving is a serious criminal offence in Canada, with Section 320.14
(1) of the Criminal Code making it illegal to operate a vehicle with a BAC of .08% or higher or while impaired by drugs.

Last reviewed: July 2026 Section: Criminal Code, s. 320.14, 320.15, 320.19, 320.2, 320.21 Classification: Hybrid / Indictable
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Plain-Language Summary

Impaired Driving: Charges, Penalties and Licence Consequences

Impaired driving means driving while impaired by alcohol or a drug. It also means a blood alcohol level at or over 80 mg within two hours, or refusing a test. A first offence carries a $1,000 minimum fine, higher for a strong reading. The longest sentence is 10 years, 14 if someone is hurt, or life if someone dies.

Impaired Driving: Impaired driving is the leading criminal cause of death and injury in Canada, according to (Impaired Driving Laws) from the Department of Justice. Section 320.14 (1) of the Criminal CodeA federal act codifying most criminal offences in Canada makes it a crime to have a blood alcohol concentration of .08 percent or more or to be impaired by narcotics, which can be measured through urine or blood samples. If you have a small amount of any drug in your system when stopped, the Code states that you could face a fine of up to $1,000, while those involved in accidents causing death while impaired could be imprisoned for life. While offences are established federally, enforcement, apprehension, prosecution and application of penalties fall within the provincial and territorial authority.

What is Impaired Driving in Canada?

Section 320.14 (1) of the Criminal Code states that it is against the law to operate a vehicle if impaired by alcohol, a drug, or a combination of both. You are considered impaired if you have a blood alcohol concentration (BAC) of .08 percent. After legalizing cannabis sales through regulated vendors in 2018, the government introduced new laws to deter and detect those driving while impaired by any drug. See the DoJ document (Frequently Asked Questions - Drug-Impaired Driving Laws.) It states that it is a criminal offence to be at or over a prohibited blood drug concentration for certain impairing drugs, including THCThe psychoactive component of cannabis and cocaine.

Regarding cannabis, the DoJ document states two prohibited levels of THC. It is an offence to have between two and five nanograms (ng) of THC per ml of blood when operating a vehicle, and it is an even more serious offenceAn indictable offence with a maximum punishment of five years or more. to have five ng or more of THC per ml of blood. 

If you have been using other drugs, "having any detectable amount" of LSD, psilocybin, magic mushrooms, ketamine, PCP, cocaine, methamphetamine or 6MAM (an indication of heroin use) in your system within two hours of driving is prohibited. The DoJ adds that the prohibited level for GHB ­(better known by its street names of G, grievous bodily harm, liquid ecstasy or cherry meth) is 5 mg or more per litre of blood, as the body can naturally produce low levels of this drug.

How Canadian Police Measure Impaired Driving

Before 2018, your level of impairment at the time you were pulled over was all that mattered. Now it is illegal to have a blood alcohol content level over the legal limit two hours after driving, according to the DoJ document.

Police no longer require a reasonable suspicion to demand a breath sample from a driver, it states, adding that failure to comply with a demand for a sample will result in criminal charges that carry the same, or greater, penalties as driving while impaired.

According to the RCMP (Impaired driving investigations,) you can be charged with impaired driving if you are controlling an automobile, snowmobile, all-terrain vehicle, boat or even aircraft and railway equipment. If an officer has reason to suspect that you have alcohol and/or drugs in your system, they can demand that you:

  • Blow into a roadside screening device;
  • provide an oral fluid sampleA mixture of saliva and other materials found in the mouth, at roadside, to be measured a screening device; and/or
  • participate in a series of standardized sobriety tests.

Once you are arrested as a suspected drug-impaired driver, police can do one or both of the following:

  • Demand that you provide a blood sample to provide a more accurate measure of your level of impairment.
  • Demand that you complete a 12-step DRE evaluation at a police detachment, which involves balance and attention tests along with the physical examination of your body, to check for such things as indications of needle use.

Penalties for Impaired Driving in Canada

Impaired driving is the leading criminal cause of death and injury in Canada, according to the DoJ (Impaired Driving Laws) document, with more than 69,000 impaired driving incidents reported by the police, including almost 3,500 drug-impaired driving incidents in 2017. To reduce those numbers, it states that the federal government in 2018 created three new offences for having specified levels of a drug in the blood within two hours of driving.

If you are caught with between two and five ng of THC in your blood, that would be dealt with as a summary convictionUsed for lesser offences criminal offence, punishable by a minimum fine of $1,000.

If 5 ng or more of THC is detected in your blood, the DoJ document states your charge would be a hybrid offenceAn offence the Crown can proceed with summarily or by indictment., meaning that it can be prosecuted by indictment in serious cases or by summary conviction in lesser cases. If a blood test shows you have a combined THC and alcohol concentration of 50 mg of alcohol per 100 ml of blood, combined with a THC level greater than 2.5 ng per ml of blood, that would also be treated as a hybrid offence.

According to s.320.19 of the Code, both hybrid offences would be punishable by mandatory penalties of $1,000 for a first offence and escalating penalties for repeat offenders.

The minimum penalty for second offences is 30 days imprisonment, with sentences of a 120-days behind bars handed out for a third or subsequent offence. The maximum penalty for these two latter charges (second or third offence) are two years less a day on summary convictionUsed for lesser offences and 10 years for indictable offenceA more serious type of Canadian criminal offence.s. The Crown could also seek a dangerous offender application in appropriate circumstances.

If you refuse to comply with a demand for bodily samples, you could be fined $2,000.  

It is important to note that provinces have their own guidelines, and penalties can be more severe than federal guidelines, resulting in licence suspensions. Under s.320.2 of the Code, those charged with impaired driving causing bodily harm face a maximum penalty of two years less a day in jail for a summary conviction or a maximum of 14 years for an indictable offence.

The charge of impaired driving causing death, s.320.21, is always an indictable offence, with a maximum life in prison.

In addition, provinces and territories have their own punishments for impaired driving, including licence suspensions. Please review our list of partners in your area for more detailed explanations.

When arriving at a sentence, s.320.22 of the Code says the court will consider aggravating factorsAny information or evidence that may result in a heavier sentence that may increase the severity of your sentence.

Those include if you:
  • were in a race with another driver on a street or a public area;
  • had under the age of 16 was with you at the time
  • were being compensated for operating the vehicle you were arrested in
  • were not permitted, by federal or provincial authorities, to operate the vehicle you were arrested in.
Your rights:

After arresting you for impaired driving, police must advise you of your rights, including the right to a lawyer. According to the RCMP, that right can be exercised before an evidentiary breath test, the blood sample or the 12-step DRE evaluation, which are all done in a police station. However, roadside tests and evaluations are done before speaking with a lawyer.

Impaired Driving Laws Across the Country

The laws to combat impaired driving across Canada are revised and updated by the federal government and each province to reflect societal change. Here is a list of the provinces and territories and their specific penalties for impaired driving:

  • British Columbia Impaired Driving Laws: Immediate licence suspension from 24 hours to 90 days, vehicle impoundment, administrative monetary penalties, towing and storage costs, and licence reinstatement fees may apply. A Criminal Code conviction can also result in court-imposed penalties.
  • Alberta Impaired Driving Laws: Licence suspension and vehicle impoundment for a minimum of three days for a first offence, and increasing fines and jail time for repeat offenders.
  • Saskatchewan Impaired Driving Laws: Immediate 24-hour suspension and vehicle impoundment for BAC as low as .04. If your BAC is above .08 you face a criminal charge and your licence will be suspended immediately and stay suspended until the charges are resolved in court.
  • Manitoba Impaired Driving Laws: Three-day vehicle impoundment and $400 administrative penalty for BAC of .05 to .079, increasing licence suspension and fines for higher BAC levels, and immediate licence suspension for subsequent breathalyzer warnings.
  • Ontario Impaired Driving Laws: If your BAC is between .05 and .079, you will face an immediate three-day licence suspension and a $250 penalty. A BAC of 0.08 or more will result in a 90-day roadside suspension and criminal charges.
  • Quebec Impaired Driving Laws: Immediate licence suspension of 24 hours to 90 days and vehicle impoundment for a minimum of 30 days. A third conviction within 10 years results in a lifetime obligation to drive only vehicles equipped with an approved ignition interlock device, with no possibility of having the condition lifted by court petition.
  • New Brunswick Impaired Driving Laws: Immediate seven-day licence suspension for a first offence and increasing fines, jail time, and licence suspensions for repeat offenders.
  • Nova Scotia Impaired Driving Laws: Immediate licence suspension and vehicle impoundment for a minimum of seven days. There is also a reinstatement fee of $124.60 each time a suspension occurs. You can be fined $600 to $2,000 following your first criminal conviction and lose your licence for one year.
  • Prince Edward Island Impaired Driving Laws: Immediate 24-hour licence suspension and 90-day driving prohibition for BAC at or above .05. Vehicle impoundment applies for 30 days on a first or second offence. A zero-tolerance policy applies to novice drivers aged 19 or younger or within three years of licensing.
  • Newfoundland and Labrador Impaired Driving Laws: Immediate licence suspension and vehicle impoundment for a minimum of three days. There is a minimum one-year licence suspension for a first-time offender and a lifetime ban on driving for a fourth and subsequent conviction.
  • Yukon Territory Impaired Driving Laws: Immediate suspensions and vehicle impoundment apply. Yukon has a zero-tolerance policy for new drivers, mandatory alcohol screening, and an ignition interlock program.
  • Northwest Territories Impaired Driving Laws: A BAC at or above .05 results in an immediate 24-hour suspension, increasing to 30 days for repeat offences. A 90-day suspension applies for BAC at or above .08. Drivers aged 21 and under are subject to zero-tolerance requirements.
  • Nunavut Impaired Driving Laws: Immediate licence suspension and vehicle impoundment can occur for BAC above .05. Under the federal Criminal Code, a conviction for impaired driving causing death can result in a maximum sentence of life imprisonment. A zero-tolerance policy applies to drivers under 22.

Note: This is not a comprehensive list and laws are subject to change.

Lower THC concentration offence

There is also a lower, summary-only THC concentration offence. It is covered on the Impaired Driving (Marijuana) page.

What the Crown Must Prove

To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.

Section

1

Operation or care/control of a conveyance

The accused operated a conveyance (motor vehicle, vessel, aircraft, or railway equipment) or had care or control of it, within the meaning of Part VIII.1.

2

Impairment to any degree, OR a prohibited concentration

EITHER: the accused's ability to operate the conveyance was impaired to any degree by alcohol, a drug, or a combination of both (s.320.14(1)(a)); OR the accused had, within two hours of ceasing to operate, a blood alcohol concentration at or above 80 mg/100 mL (s.320.14(1)(b)); OR a blood drug concentration at or above the regulated threshold for that drug (s.320.14(1)(c)); OR a combined alcohol+drug concentration at or above the regulated combined threshold (s.320.14(1)(d)).

3

No applicable statutory exception

For the concentration-based branches (b)/(c)/(d), the Crown must be able to exclude the post-driving consumption defences in s.320.14(5)-(7) (i.e., that any qualifying consumption occurred before, not after, the accused ceased operating, or that the accused had reason to expect they would be tested).

4

For the refusal offence — a valid demand and non-compliance

For s.320.15(1): a valid demand was made under s.320.27 or s.320.28, the accused knew a demand had been made, and the accused failed or refused to comply without reasonable excuse.

5

Causation for the aggravated variants

For the bodily-harm variants (s.320.14(2)/320.15(2)): while operating the conveyance, the accused's conduct caused bodily harm to another person. For the death variants (s.320.14(3)/320.15(3)): the accused's conduct caused the death of another person.

6

Identity and time/place

The accused is the person who committed the act, and the offence occurred at the time and place alleged.

A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.

Possible Penalties

These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.

Operation while impaired, or with a blood-alcohol concentration at or over 80 mg%, or with a prohibited blood-drug concentration, or a combination — s. 320.14(1)

Hybrid
Maximum penalty (by indictment)
10 years
How it proceeds
Crown may proceed by indictment or on summary conviction

This offence carries a mandatory minimum penalty: a fine of at least $1,000 for a first offence, at least 30 days of imprisonment for a second offence, and at least 120 days of imprisonment for a third or subsequent offence. On a first offence, the minimum fine is higher for a higher blood-alcohol reading: at least $1,500 where the reading is equal to or exceeds 120 mg but is less than 160 mg of alcohol per 100 mL of blood, and at least $2,000 where it is 160 mg or more. On summary conviction, the maximum is a fine of up to $5,000, imprisonment for up to two years less a day, or both. The Criminal Code sets mandatory minimum penalties for this row. Sentencing rules, prior convictions, exceptions, and the court’s application of the law can affect the actual result. This page is general legal information, not legal advice. Offence: s. 320.14(1). Punishment: s. 320.19(1).

Impaired operation causing bodily harm — s. 320.14(2), punished under s. 320.2

Hybrid
Maximum penalty (by indictment)
14 years
How it proceeds
Crown may proceed by indictment or on summary conviction

This offence carries a mandatory minimum penalty: a fine of at least $1,000 for a first offence, at least 30 days of imprisonment for a second offence, and at least 120 days of imprisonment for a third or subsequent offence. On summary conviction, the maximum is a fine of up to $5,000, imprisonment for up to two years less a day, or both. The Criminal Code sets mandatory minimum penalties for this row. Sentencing rules, prior convictions, exceptions, and the court’s application of the law can affect the actual result. This page is general legal information, not legal advice.

Impaired operation causing death — s. 320.14(3), punished under s. 320.21

Indictable only
Maximum penalty
Life imprisonment
How it proceeds
Indictable offence only

This offence carries a mandatory minimum penalty: a fine of at least $1,000 for a first offence, at least 30 days of imprisonment for a second offence, and at least 120 days of imprisonment for a third or subsequent offence. The Criminal Code sets mandatory minimum penalties for this row. Sentencing rules, prior convictions, exceptions, and the court’s application of the law can affect the actual result. This page is general legal information, not legal advice.

Failure or refusal to comply with a demand — s. 320.15(1)

Hybrid
Maximum penalty (by indictment)
10 years
How it proceeds
Crown may proceed by indictment or on summary conviction

This offence carries a mandatory minimum penalty: a fine of at least $2,000 for a first offence, at least 30 days of imprisonment for a second offence, and at least 120 days of imprisonment for a third or subsequent offence. On summary conviction, the maximum is a fine of up to $5,000, imprisonment for up to two years less a day, or both. The Criminal Code sets mandatory minimum penalties for this row. Sentencing rules, prior convictions, exceptions, and the court’s application of the law can affect the actual result. This page is general legal information, not legal advice. Offence: s. 320.15(1). Punishment: s. 320.19(1) (maximum penalties and repeat-offence minimums); s. 320.19(4) (first-offence minimum).

Refusal or failure to comply causing bodily harm — s. 320.15(2), punished under s. 320.2

Hybrid
Maximum penalty (by indictment)
14 years
How it proceeds
Crown may proceed by indictment or on summary conviction

This offence carries a mandatory minimum penalty: a fine of at least $1,000 for a first offence, at least 30 days of imprisonment for a second offence, and at least 120 days of imprisonment for a third or subsequent offence. On summary conviction, the maximum is a fine of up to $5,000, imprisonment for up to two years less a day, or both. The Criminal Code sets mandatory minimum penalties for this row. Sentencing rules, prior convictions, exceptions, and the court’s application of the law can affect the actual result. This page is general legal information, not legal advice.

Refusal or failure to comply causing death — s. 320.15(3), punished under s. 320.21

Indictable only
Maximum penalty
Life imprisonment
How it proceeds
Indictable offence only

This offence carries a mandatory minimum penalty: a fine of at least $1,000 for a first offence, at least 30 days of imprisonment for a second offence, and at least 120 days of imprisonment for a third or subsequent offence. The Criminal Code sets mandatory minimum penalties for this row. Sentencing rules, prior convictions, exceptions, and the court’s application of the law can affect the actual result. This page is general legal information, not legal advice.

What these words mean
Indictable
The more serious way to prosecute an offence. It can carry higher maximum penalties.
Summary conviction
The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
Hybrid
An offence the Crown can prosecute either way — by indictment or by summary conviction.
Summary only
Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
Crown election
The Crown prosecutor’s choice of which way to proceed on a hybrid offence.

Possible Defences and Legal Issues

Impaired Driving — s.320.14

Impaired driving under section 320.14 can be charged more than one way: that alcohol or a drug impaired the person's ability to drive, or that their blood alcohol or blood drug concentration was over the legal limit within two hours of driving.

The Criminal Code has narrow exceptions for over-the-limit charges. For example, section 320.14(5) says “No person commits an offence under paragraph (1)(b) if” the person consumed the alcohol only after they stopped driving, had no reasonable expectation at that time that they would have to provide a sample, and their alcohol consumption is consistent with a blood alcohol concentration below the legal limit while driving. Subsections (6) and (7) set out matching exceptions for the drug-concentration and combined alcohol-and-drug charges. These exceptions do not apply to the basic charge of driving while impaired.

Drinking or drug use after driving is not a general defence. The Crown still has to prove the parts of the offence, including impairment or the concentration level, driving, timing, and that testing procedures were followed correctly. These issues depend on the facts.

Common Legal Terms

Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.

Aggravating factors
Glossary entry →

Any information or evidence that may increase the crime's severity, resulting in a heavier sentence.

Hybrid offence
Glossary entry →

A hybrid offence is an offence where the Crown can choose whether to proceed by summary conviction or by indictment. The choice can affect the procedure, possible penalties, and sometimes the court where the case is heard.

Indictable offence
Glossary entry →

An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.

Oral fluid sample
Glossary entry →

Oral fluid is a mixture of saliva and other materials found in the mouth that law enforcement officers check for indications of drug imprairment.

Serious offence
Glossary entry →
Serious offence is a defined term used in some Criminal Code contexts. It generally means an indictable offence for which the maximum punishment is imprisonment for five years or more.
Summary conviction
Glossary entry →

Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.

THC
Glossary entry →

Tetrahydrocannabinol (THC) is the chemical responsible for most of marijuana's psychological effects. THC can induce hallucinations, change thinking and cause delusions.

Legal sources

The official statute section(s) this page is based on. Always confirm against the official source before relying on it.

Government References

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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.

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Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.

This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.

Legal information, not legal advice

This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.

Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.