Impaired driving in Canada refers to the operation of a motor vehicle while the driver’s ability to do so is impaired by alcohol, drugs, or a combination of both. Impairment can affect a person’s ability to make sound judgments, react quickly to changing situations, and operate a vehicle safely. Impaired driving is a serious criminal offence in Canada, and is commonly referred to as “drunk driving”, “DUI” (driving under the influence), or “DWI” (driving while impaired). In Canada, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or higher, or while under the influence of drugs, including prescription medication and cannabis.

Here are some facts about impaired driving in Canada:

1. Impaired driving is a leading criminal cause of death and injury in Canada.
2. On average, every day in Canada, between three and four people are killed in impaired driving crashes.
3. Impaired driving crashes also account for around 25% of all traffic fatalities in Canada.
4. In Canada, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or higher.
5. Impairment can also be caused by drug use, including prescription medication and cannabis, and penalties for drug-impaired driving are the same as those for alcohol-impaired driving.
6. In addition to criminal charges, drivers who are caught driving while impaired can face immediate license suspensions and vehicle impoundment.
7. Penalties for impaired driving can include fines, jail time, license suspensions, and ignition interlock requirements.
8. The legal consequences of impaired driving in Canada can be severe and long-lasting, and can include a criminal record, difficulty finding employment, and challenges with international travel.

Impaired Driving Penalties in Canada

Impaired driving penalties in Canada vary by province and can depend on a number of factors, including the driver’s blood alcohol concentration (BAC), the number of prior convictions, and whether or not anyone was injured or killed as a result of the impaired driving. Here is an overview of some of the penalties for impaired driving in each province:

1. Ontario: In Ontario, first-time impaired drivers can face fines, license suspensions, and mandatory participation in a remedial measures program. Repeat offenders can face jail time, longer license suspensions, and longer participation in the remedial measures program.
2. Quebec: In Quebec, first-time impaired drivers can face fines, license suspensions, and mandatory participation in a treatment program. Repeat offenders can face jail time and longer license suspensions.
3. British Columbia: In British Columbia, first-time impaired drivers can face fines, license suspensions, and mandatory participation in a responsible driver program. Repeat offenders can face jail time, longer license suspensions, and ignition interlock requirements.
4. Alberta: In Alberta, first-time impaired drivers can face fines, license suspensions, and mandatory participation in a planning ahead program. Repeat offenders can face jail time, longer license suspensions, and ignition interlock requirements.
5. Manitoba: In Manitoba, impaired drivers can face fines, license suspensions, and mandatory participation in a driver education program. Repeat offenders can face jail time and longer license suspensions.
6. Saskatchewan: In Saskatchewan, impaired drivers can face fines, license suspensions, and mandatory participation in an alcohol and drug education program. Repeat offenders can face jail time and longer license suspensions.
7. Nova Scotia: In Nova Scotia, impaired drivers can face fines, license suspensions, and mandatory participation in a responsible driver program. Repeat offenders can face jail time and longer license suspensions.
8. New Brunswick: In New Brunswick, impaired drivers can face fines, license suspensions, and mandatory participation in a responsible driver program. Repeat offenders can face jail time and longer license suspensions.
9. Prince Edward Island: In Prince Edward Island, impaired drivers can face fines, license suspensions, and mandatory participation in a responsible driver program. Repeat offenders can face jail time and longer license suspensions.
10. Newfoundland and Labrador: In Newfoundland and Labrador, impaired drivers can face fines, license suspensions, and mandatory participation in a responsible driver program. Repeat offenders can face jail time and longer license suspensions.

It is important to note that impaired driving penalties can change over time and may also depend on the specific circumstances of the case. It is always a good idea to consult with a lawyer if you are facing impaired driving charges.

How Does Impaired Driving Affect Car Insurance

Impaired driving can have a significant impact on car insurance in Canada. Insurance providers view impaired driving as a major risk, which can result in higher premiums or even a complete loss of coverage.

If you are convicted of impaired driving, your insurance provider will likely consider you a high-risk driver. This means that you may be required to purchase high-risk insurance, which can be much more expensive than standard coverage.

In some cases, insurance companies may refuse to provide coverage to drivers who have been convicted of impaired driving. If you are unable to find an insurance provider who is willing to cover you, you may be required to participate in the Facility Association, which is an organization that provides insurance to high-risk drivers.

The length of time that impaired driving can affect your insurance premiums can vary. In some cases, your rates may be affected for up to 10 years after a conviction.

It is important to note that impaired driving can also affect your ability to obtain other types of insurance, such as life or disability insurance. This is because insurance providers view impaired driving as a sign of high-risk behavior, which can lead to an increased likelihood of accidents or other health issues.

Overall, impaired driving can have a long-lasting impact on your ability to obtain affordable insurance coverage in Canada. If you are facing impaired driving charges, it is important to seek legal advice to understand the potential consequences of a conviction.

How Long Does Impaired Driving Stay On Record

In Canada, impaired driving laws and penalties are set at the federal level, but the specific details and administrative procedures related to the handling of driving records are managed at the provincial and territorial level. The length of time that an impaired driving conviction stays on a driver’s record can vary depending on the province or territory in which the offense occurred. Here is a breakdown of the record retention periods for impaired driving convictions in each province:

• Alberta: 10 years
• British Columbia: 5 years for a first offense, 10 years for subsequent offenses
• Manitoba: 10 years
• New Brunswick: 10 years
• Newfoundland and Labrador: 10 years
• Northwest Territories: 10 years
• Nova Scotia: 10 years
• Nunavut: 10 years
• Ontario: 10 years for most offenses, 20 years for some repeat offenses or offenses involving injury or death
• Prince Edward Island: 10 years
• Quebec: 10 years for most offenses, 20 years for some repeat offenses or offenses involving injury or death
• Saskatchewan: 10 years
• Yukon: 10 years

It is important to note that these retention periods refer to how long an impaired driving conviction will appear on a driver’s record for administrative and insurance purposes, but a criminal record resulting from an impaired driving conviction can last much longer, potentially impacting employment, travel, and other aspects of a person’s life.

FAQs

Here are some frequently asked questions and answers about impaired driving in Canada:

Q: What is impaired driving? A: Impaired driving refers to driving while under the influence of drugs or alcohol. This can include driving while intoxicated, impaired, or having a blood alcohol concentration (BAC) over the legal limit.

Q: What is the legal blood alcohol concentration limit in Canada? A: The legal blood alcohol concentration limit for drivers in Canada is 0.08%. This means that a driver with a BAC of 0.08% or higher is considered legally impaired.

Q: What are the penalties for impaired driving in Canada? A: The penalties for impaired driving in Canada can include fines, license suspensions, and even imprisonment. The severity of the penalties will depend on factors such as the driver’s BAC, whether it is a first or repeat offense, and whether anyone was injured or killed as a result of the impaired driving.

Q: Can impaired driving result in a criminal record? A: Yes, impaired driving is considered a criminal offense in Canada and can result in a criminal record. This can have long-lasting consequences beyond driving, impacting employment opportunities, travel, and other aspects of a person’s life.

Q: Can impaired driving affect insurance rates? A: Yes, impaired driving can result in higher insurance rates. Some insurance providers may refuse to insure drivers with a history of impaired driving, while others may charge significantly higher rates.

Q: Can I refuse a breathalyzer test if I am pulled over? A: No, it is illegal to refuse a breathalyzer test if you are suspected of impaired driving. Refusing a breathalyzer test can result in penalties similar to those for impaired driving, including fines and license suspensions.

Q: How can I avoid impaired driving? A: There are several steps you can take to avoid impaired driving, including planning ahead for transportation after drinking, choosing a designated driver, using public transportation, or arranging for a ride-sharing service. It is important to remember that impaired driving can have serious consequences and is never worth the risk.

Q: Can I be charged with impaired driving if I’m using prescription medication? A: Yes, you can be charged with impaired driving if you are using prescription medication that impairs your ability to drive safely. It is important to follow the instructions provided by your doctor and any warnings on the medication label, and to never operate a vehicle if you are impaired.

Q: Can I be charged with impaired driving if I’m under the influence of marijuana? A: Yes, you can be charged with impaired driving if you are under the influence of marijuana. The legal limit for THC (the active ingredient in marijuana) in the bloodstream is 2 ng/ml, but you can still be charged with impaired driving even if you are below this limit if the police officer determines that you are impaired.

Q: Can I be charged with impaired driving if I’m under the influence of other drugs? A: Yes, you can be charged with impaired driving if you are under the influence of any drugs that impair your ability to drive safely. This can include illegal drugs as well as prescription and over-the-counter medications.

Q: What should I do if I’m charged with impaired driving? A: If you are charged with impaired driving, it is important to seek legal advice from a qualified lawyer. A lawyer can help you understand your legal rights, explain the potential consequences of the charge, and assist you in preparing a defense.

Q: Can I travel to the US if I have a prior impaired driving conviction? A: It is possible that a prior impaired driving conviction could make it difficult to enter the United States. The US Customs and Border Protection agency has the authority to deny entry to anyone with a criminal record, including impaired driving convictions. It is important to consult with a lawyer or immigration specialist if you have concerns about travelling to the US with a prior conviction.

Q: Can I be charged with impaired driving if I’m riding a bicycle or driving a boat? A: Yes, you can be charged with impaired driving if you are riding a bicycle or operating a boat while under the influence of drugs or alcohol. The penalties for impaired cycling or boating can be similar to those for impaired driving.