Think you’re safe? What every Canadian needs to know about impaired driving

Every day in Canada, over 200 people are charged with impaired driving, highlighting how significant and ongoing this preventable issue is. 

In 2021 alone, a Canada-wide report from MADD revealed 78,480 charges and short-term suspensions for impaired driving, including both alcohol and drug-related offenses. This equates to 206 charges per 100,000 Canadians. 

Recent data also suggests impaired driving may even be on the rise. For example, in Ontario, the OPP reported 3,339 impaired driving charges in the first half of 2024, up slightly from 3,247 during the same period in 2023—though this increase may reflect more rigorous screening practices. 

Whether caused by alcohol or drugs, impaired driving has serious consequences. This National Impaired Driving Prevention Week( March 17 to 22), learn about the risks and challenges associated with driving under the influence.  

Allowable blood-alcohol levels  

Canada has some of the toughest impaired driving standards in the world.  

Most provinces have a zero-tolerance policy for drivers who are not yet fully licensed and/or are under the age of 21. For fully licensed drivers, the maximum legal amount of alcohol permitted for a fully licensed driver is a BAC (blood alcohol concentration) of 0.08% or over - or 80 milligrams of alcohol per 100 milliliters of blood. 

As an average rule of thumb: 

• For men of average weight and size, that roughly translates to four standard drinks (a standard drink generally equals 12 oz of beer, 5 oz of wine or 1.5 oz of liquor) within two hours of driving. 

• For women of average weight and size, that equals three standard drinks within two hours of driving.  

However, when gauging whether or not you’d qualify as an “impaired driver,” be aware that some provinces have set even lower BAC levels (called “warn levels or warn ranges”) as low as a BAC of between 0.05 to 0.079 mg at which a driver can face penalties, such as a short license suspension.   

Your BAC can also be heavily influenced by numerous factors, including your age, weight, gender, the percent of alcohol in a beverage and how much you’ve eaten. The only way to be truly safe is to not drink at all. 

Read more: What is dangerous driving, and how does it impact your car insurance rate? 

What can you expect if you are pulled over and suspected of driving under the influence? 

If you’re suspected of impaired driving, you can be pulled over by police and asked to perform a mandatory breathalyser test. If your test shows a BAC of 0.08 or higher you may face fines, vehicle impoundment, mandatory participation in educational programs or even jail time.  (For full details, read the Government of Canada page on impaired driving.):

First offense 

• BAC of 80–119 mg: Minimum fine of $1,000. 

• BAC of 120–159 mg: Minimum fine of $1,500. 

• BAC of 160 mg or more or refusal to provide a breath sample: Minimum fine of $2,000. 

Repeat offenders 

• A second offense comes with a mandatory minimum of 30 days in jail. 

• A third offense leads to a mandatory minimum of 120 days in jail. 

• Both first-time and repeat offenders face a maximum penalty of up to 10 years imprisonment. 

Additional consequences 

• If impaired driving leads to injury, penalties increase to up to 14 years in jail. Should it result in death, the offender may face life imprisonment. 

Provincial variations 

Specific penalties also depend on where you live. For example: 

• Alberta: Immediate 90-day license suspension and a $1,000 fine. 

• British Columbia: BAC above 0.05 results in a three-day license seizure, car impoundment, a fine, and a license reinstatement application. 

The laws are strict for a reason—to deter impaired driving and protect lives. The best way to avoid these penalties is to always find a safe alternative to driving if you've been drinking or using drugs. 

What does an impaired charge do to your driving record?  

Whether from alcohol or drug use, an impaired driving charge will remain on your driving record for at least three years in Canada. However, you could also be subject to criminal charges, which could stay on your criminal record for anywhere from 10 years (in Ontario) to indefinitely depending on the charges. 

This charge can make it harder to travel outside of the country and find a job because the offense will show up on employer background checks. 

In some cases, you may be able to apply for a record suspension (also known as a pardon) after a minimum period of time to have the charge removed from your criminal record.  

Read next: Does distracted driving increase your insurance in Canada? 

How does an impaired driving charge impact your insurance? 

A charge of impaired driving will also lead to a dramatic increase in your insurance premiums as insurers will now see you as a greater risk.  

You could be classified as a “high risk driver” and see your rates rise by as much as five times your regular premiums — or, depending on the severity of the charges, you could be denied insurance altogether.  

The penalties for impaired driving, from fines and license suspensions to potential imprisonment, are designed to act as a strong deterrent. 

To avoid these severe consequences, always choose a safe alternative if you plan to drink or use substances. Opt for a rideshare, taxi, or designated driver. By doing so, you’re protecting not only yourself but everyone around you. 

Read next: This is how traffic tickets affect your insurance rate in Ontario