Impaired Driving in Ontario: Laws, Penalties, and What to Expect

How drugs and alcohol affect your driving

Many drugs, even those prescribed by a doctor or purchased over the counter, can impair your ability to drive safely. For example, smoking, vaping, or consuming cannabis can increase your risk of being involved in a motor vehicle collision. If you are unsure whether it is safe for you to drive while taking your medication, talk to your doctor or pharmacist.

The Canadian Society of Forensic Science recently released a report stating that impairment from cannabis begins almost immediately and can last up to six hours or more, depending on factors such as THC levels and how it is consumed. Frequent, high-dose THC users may experience even longer periods of impairment. However, since the effects of cannabis vary, there is no way to know exactly how long to wait before it is safe for you to drive.

The best way to avoid impaired driving is not to take a chance. If you are using cannabis, plan another way home.

Alcohol—even one drink—can reduce your ability to react to sudden events. The effects of alcohol also include blurred or double vision, impaired attention, and slowed reflexes. Alcohol-impaired driving is one of the leading causes of death on Ontario’s roads.

What counts as impaired driving

Impaired driving means operating a vehicle (including cars, trucks, boats, snowmobiles, and off-road vehicles) while your ability to do so has been compromised to any degree by consuming alcohol, drugs, or a combination of the two.

Fully licensed drivers

Throughout Canada, the maximum legal blood alcohol concentration (BAC) for fully licensed drivers is under 80 milligrams of alcohol in 100 millilitres of blood (0.08). Driving with a BAC of 0.08 or higher is a criminal offence, and the penalties are severe.

In Ontario, you will also face serious consequences if your BAC is between 0.05 and 0.08. This is commonly referred to as the “warn range.” If police determine that you are driving while impaired by any drug—including illegal drugs, cannabis, prescription medications, or over-the-counter drugs, you will face severe consequences and criminal charges.

Zero tolerance for young, novice, and commercial drivers

Young and novice drivers

Drivers aged 21 or under, and novice drivers of any age (with G1, G2, M1, or M2 licences), must not have any presence of alcohol in their blood when behind the wheel. This is commonly referred to as the “zero BAC” or “zero tolerance” rule.

Young and novice drivers are also prohibited from having any presence of cannabis in their system, as well as other drugs detectable using approved screening equipment. Ontario has a zero-tolerance approach to both alcohol and drugs for all young and novice drivers.

If police determine that you have cannabis or alcohol in your system, or that you are impaired by any substance—including illegal drugs, prescription drugs, or over-the-counter medications—you will face severe consequences and potential criminal charges.

Commercial drivers

As of July 1, 2018, drivers of vehicles requiring an A–F class licence, vehicles requiring a Commercial Vehicle Operator’s Registration (CVOR), and road-building machines are prohibited from having any presence of alcohol in their blood when operating these vehicles. These drivers are also prohibited from having any presence of cannabis or other detectable drugs in their system.

If police determine that you have alcohol or cannabis in your system, or that you are impaired by any substance, you will face severe consequences and potential criminal charges.

Medical cannabis users

If a police officer is satisfied that you are legally authorized to use cannabis for medical purposes, you will not be subject to Ontario’s zero-tolerance drug requirements for young, novice, and commercial drivers. However, you can still face penalties and criminal charges if the officer determines that your ability to drive has been impaired.

Even if you have been authorized to use cannabis or another drug by a health-care professional, it is your responsibility to ensure you are not impaired while driving.

Penalties for impaired driving

If police determine that you are driving while impaired, you will face immediate penalties. You may also face additional consequences later if you are convicted in court. Penalties vary depending on your age, licence type, the amount of alcohol or drugs in your system, and your prior convictions.

Immediate penalties

Penalties for a BAC in the warn range, failing a standardized field sobriety test, or violating zero tolerance

If your BAC is 0.05 or higher, you fail a roadside sobriety test, or you violate zero-tolerance requirements, you may face:

First offence

• 3-day licence suspension (cannot be appealed)
• $250 penalty

Second offence within 5 years

• 7-day licence suspension (3-day suspension for commercial drivers)
• $350 penalty
• Mandatory education program (for a second occurrence within 10 years)

Third and subsequent offences within 5 years

• 30-day licence suspension (3-day suspension for commercial drivers)
• $450 penalty
• Mandatory treatment program (for third and subsequent occurrences within 10 years)
• Ignition interlock device for at least six months
• Mandatory medical evaluation (for a fourth and subsequent offence within 10 years)

You will also face a $281 licence reinstatement fee each time your licence is suspended. Young or novice drivers may also be charged under the Highway Traffic Act and face additional suspensions and fines.

Penalties for a BAC over the legal limit, refusing testing, or impairment

If you refuse a test, register a BAC over 0.08, or a drug recognition evaluator determines you are impaired, you may face:

• 90-day licence suspension
• 7-day vehicle impoundment
• $550 penalty
• $281 licence reinstatement fee
• Mandatory education or treatment program (for repeat occurrences)
• Ignition interlock device for repeat offences

Additional penalties if convicted in court

If you are a young or novice driver convicted for violating zero-tolerance requirements, your licence will be suspended again for at least 30 days, along with an additional fine of $60–$500.

If you are criminally convicted of impaired driving, you may face fines, jail time, and:

First offence

• Licence suspension of at least 1 year
• Mandatory education or treatment program
• Ignition interlock for at least 1 year

Second offence within 10 years

• Licence suspension of at least 3 years
• Mandatory program
• Ignition interlock for at least 3 years
• Mandatory medical evaluation

Third or subsequent offence within 10 years

• Lifetime licence suspension (possible reduction after 10 years)
• Mandatory program
• Ignition interlock for at least 6 years
• Mandatory medical evaluation

How police detect impaired drivers

Ontario has police officers trained to detect impaired drivers and remove them from the road.

Standardized field sobriety test
If an officer suspects impairment, they may conduct a roadside test. Failing the test can result in an immediate suspension and criminal charges.

Breath testing
An officer may demand a roadside breath sample. Failing or refusing the test can result in suspension and criminal charges.

Drug recognition evaluation
If there are reasonable grounds, a qualified officer may conduct a drug recognition evaluation at a police station.

Approved drug screening devices
If an officer suspects drugs in a driver’s body, they may demand an oral fluid sample. If drugs are detected, young, novice, and commercial drivers may face immediate suspension.

Tips to avoid impaired driving

• Plan a safe way home: use a designated driver, public transit, taxi, ride share, or stay overnight.
• Ask your doctor or pharmacist about side effects related to driving.
• Read medication labels carefully.
• Remember that combining drugs and alcohol increases impairment.