Where the legal lines are for alcohol and drugs, how police test you, and the penalties at each level, with the official sources behind every number.
What "Under the Influence" Means in Canada
People say "DUI", but the Criminal Code doesn't use that term. It talks about operating a vehicle while impaired, and it covers alcohol, drugs, or a mix of both. There are three ways to break the law:
- Being impaired, to any degree. Alcohol or a drug affects your ability to drive, even slightly. There is no minimum drink count and no minimum blood level. You can be charged with a reading under 0.08 if the police can show your driving ability was affected.
- Being over a limit. Your blood alcohol is 80 mg per 100 mL or higher, or your blood drug level is at or above the set limit, within two hours of when you stopped driving.
- Refusing a demand. Knowing that a police officer has demanded a sample, and failing or refusing to give it without a reasonable excuse.
The law applies to a "conveyance", which includes cars, trucks and motorcycles, and also boats, aircraft and railway equipment. It also applies if you are in care or control of a vehicle, which in some situations can include sitting in a parked car with the keys.
Source: Criminal Code, section 320.14 (operation while impaired) and section 320.15 (failure or refusal to comply with a demand).
The Alcohol Limits, Level by Level
Blood alcohol concentration (BAC) is measured in milligrams of alcohol per 100 millilitres of blood. 80 mg per 100 mL is also written as 0.08.
| Level | What it means | Who deals with it |
|---|---|---|
| Zero | New and young drivers must have no alcohol, and often no THC or cocaine either. Ontario applies it to drivers 21 and under and to novice licences (G1, G2, M1, M2); British Columbia applies it to drivers in its Graduated Licensing Program. | Province: licence suspension |
| 0.05 to under 0.08 (the "warn" range) |
Not a crime by itself, but you are penalised on the spot by the province with a short licence suspension, a fine and sometimes a vehicle impound. | Province: roadside penalty |
| 0.08 and over (80 mg per 100 mL) |
A Criminal Code offence, plus a much longer provincial suspension of about 90 days in Ontario and BC. | Criminal court, and the province |
| Any level, if you are impaired | Charges are possible below 0.08 if your ability to drive was affected. | Criminal court |
There is no reliable answer to "how many drinks is safe?". Body weight, food, time and medication all change your level, so the only safe amount before driving is none.
Drugs: Cannabis, Prescriptions and Everything Else
Drugs can get you charged in the same three ways. Two extra things to know:
Cannabis (THC)
2 ng to under 5 ng of THC per mL of blood is a less serious offence (summary conviction, up to a $1,000 fine). 5 ng or more is a more serious offence with the same penalties as impaired driving. 2.5 ng of THC combined with 50 mg of alcohol per 100 mL is also an offence.
Other illegal drugs
For drugs including LSD, psilocybin, ketamine, PCP, cocaine, methamphetamine and heroin, any detectable amount within two hours of driving is an offence, according to Justice Canada.
Prescription and over-the-counter medicine
There is no set number, but if a medicine impairs your driving to any degree, it is treated like any other drug. Check the label or ask a pharmacist.
Sources: Justice Canada, "Impaired Driving Laws" and its drug-impaired driving Q&A; Blood Drug Concentration Regulations.
How Police Check
- Roadside breath test, no suspicion needed. Since the 2018 law change, an officer with an approved screening device can demand a breath sample from any driver they have lawfully stopped. You don't need to have been driving badly.
- Tests when they suspect alcohol or drugs. If an officer has reasonable grounds to suspect you have alcohol or a drug in your body, they can demand physical coordination tests, a breath sample, or a saliva sample for a drug screening device.
- Drug recognition evaluation. At the police station, a trained officer can evaluate you and ask for a bodily fluid sample to support a drug charge.
- Refusing is not an escape. Refusing a lawful demand is its own offence, and it carries penalties at least as heavy as failing the test.
Sources: Criminal Code section 320.27 (roadside testing) and section 320.15 (refusal); Justice Canada drug-impaired driving Q&A.
What Happens Next: Two Sets of Penalties
You can face two separate sets of consequences for the same night: fast, automatic penalties from your province, and a possible criminal charge that goes through court.
1. Immediate provincial penalties (at the roadside)
These are administrative, not criminal, and they happen before any court. The details differ by province. Ontario and British Columbia are shown below; other provinces have similar systems, so check yours.
| Ontario | British Columbia | |
|---|---|---|
| 0.05 to under 0.08 (warn range) | 1st: 7-day licence suspension, $250 penalty and an 8-hour education course. 2nd: 14 days, $350 and a 16-hour treatment program. 3rd: 30 days, $450, a 16-hour treatment program and an ignition interlock condition for six months. |
1st warn: 3 days. 2nd within five years: 7 days. 3rd within five years: 30 days. |
| 0.08 and over, or refusal | 90-day licence suspension, 7-day vehicle impound, a $550 penalty and an education or treatment program. | 90-day driving prohibition (a "Fail" result or refusal). |
| Vehicle impound | 7 days at 0.08 or over. | May be impounded for 3 and 7-day prohibitions. Must be impounded for 30 days for a 30 or 90-day prohibition. |
| Money | $250 to $550 penalties, depending on the level and occurrence. | $200 (1st), $300 (2nd), $400 (3rd) or $500 (Fail) penalty, plus a $250 licence reinstatement fee and towing and storage costs. |
| Newer drivers | Zero tolerance for drivers 21 and under and novice licences. | Zero tolerance for anyone in the Graduated Licensing Program: any alcohol, THC or cocaine can lead to a suspension. |
2. Criminal penalties (if you are charged and convicted)
These come from the Criminal Code and apply across Canada:
| What the law says | |
|---|---|
| Minimum fine | $1,000 for a first conviction. The minimum rises to $1,500 for a blood alcohol level of 120 mg per 100 mL or more, and $2,000 for 160 mg or more. Refusing a demand carries a minimum $2,000 fine. |
| Minimum jail | 30 days for a second offence and 120 days for a third and later offence. |
| Maximum sentence | Up to 10 years in prison if prosecuted as an indictable offence, or up to two years less a day if prosecuted by summary conviction. Impaired driving causing death can carry up to life in prison. |
| Driving ban | A mandatory prohibition of 1 to 3 years for a first offence, 2 to 10 years for a second, and at least 3 years for a third and later offence. Any time in jail is added on top. |
| Ontario extras | A first criminal conviction means a minimum 1-year licence suspension and a mandatory ignition interlock for at least a year. A fourth conviction within 10 years means a lifetime suspension. |
Sources: Criminal Code sections 320.19 (penalties) and 320.24 (driving prohibitions); Ontario.ca and the British Columbia RoadSafetyBC pages on impaired driving.
Is it a felony?
Canada does not use the words "felony" and "misdemeanour". Impaired driving is a hybrid offence: the Crown chooses to proceed either by summary conviction (the lighter route) or as an indictable offence (the serious route), and the maximum sentence depends on that choice. In every case a conviction gives you a criminal record.
Other Consequences People Don't Expect
Immigration
For offences on or after December 18, 2018, the Government of Canada says an impaired driving conviction may make you inadmissible for serious criminality. That can affect permanent residents, students, workers and visitors. People convicted in Canada must seek a record suspension, and entry with a Temporary Resident Permit is discretionary.
Insurance
Your insurer is likely to raise your premium or decline to renew after a conviction or a licence suspension. Ask your insurer how it treats impaired driving.
Work and travel
A criminal record can affect jobs that need driving or a clean record, and it can cause trouble crossing the border.
Common Questions
Can I be charged if I'm under 0.08?
Yes. If alcohol or a drug affected your driving to any degree, you can be charged with impaired driving. In many provinces you would also get a roadside penalty from 0.05.
Is it a criminal offence?
Yes. Impaired driving, driving over a limit and refusing a demand are all Criminal Code offences. Provinces add their own separate penalties on top.
What if I refuse the breath test?
Refusing a lawful demand is an offence of its own. The Criminal Code sets a minimum $2,000 fine, and provinces such as Ontario and British Columbia give the same 90-day roadside penalty as a failed test.
Does the law only apply when I'm driving?
It applies when you operate a vehicle, and also when you have care or control of it. Sitting in a parked car with the keys or the engine running can be enough in some circumstances.
Does cannabis count if I use it legally?
Yes. Cannabis is legal to buy and use for adults, but driving with THC over the limit or while impaired by it is a crime.
Do the rules change by province?
The criminal law is the same across Canada. Roadside suspensions, fines, impound rules, education programs and zero-tolerance rules for new drivers are set by each province.
Official Sources
- Justice Canada — Impaired Driving Laws
- Justice Canada — Drug-Impaired Driving Q&A
- Criminal Code s. 320.14 — Operation while impaired
- Criminal Code s. 320.15 — Failure or refusal to comply with demand
- Criminal Code s. 320.19 — Punishment
- Criminal Code s. 320.24 — Driving prohibition
- Criminal Code s. 320.27 — Roadside testing
- Ontario — Impaired driving
- British Columbia RoadSafetyBC — Alcohol and drug related driving prohibitions
- Immigration, Refugees and Citizenship Canada — Impaired driving and inadmissibility
Last checked September 2026. Laws and penalties change, and provincial rules vary. Confirm the current rules with the official sources above or a licensed lawyer. This article is general information and not legal advice.
