Impaired Driving In Ontario | 2026 Updated Penalties

Impaired driving penalties: 2026 updates

As of January 1, 2026, Ontario has implemented significant changes to its impaired driving laws. These updates aim to enhance road safety by stiffening penalties for young drivers, lengthening the timeframe for tracking past offences, and introducing mandatory rehabilitation requirements.

The new legislation increases the length of immediate roadside licence suspensions for drivers under 21 or those with a novice licence (G1, G2, M1, M2) caught with any amount of alcohol or drugs in their system. The province also amended the Highway Traffic Act to include a lifetime licence suspension for impaired driving resulting in death.

These penalties apply if a driver:

• Violates the zero-tolerance condition.
• Registers a "warn range" blood alcohol concentration (BAC) between 0.05 and 0.079.
• Fails a roadside Standardized Field Sobriety Test (SFST).

Extended look back period

A "look back period" is the window of time that authorities use to determine if a driver is a repeat offender. Starting in 2026, this window is doubling.

The period is moving from 5 years to 10 years.

This means that any alcohol or drug-related driving incident—including administrative penalties, previous suspensions, or mandatory ignition interlock requirements—will remain on your record for a full decade.

If you commit an offence today, an earlier incident from nine years ago will now be taken into account, potentially leading to much harsher "repeat offender" penalties.

Mandatory education and treatment

The province is shifting its focus toward rehabilitation to prevent future incidents. Under the new rules, the consequences of a roadside suspension now extend beyond just losing your licence:

• First-time offenders: Must complete a mandatory remedial education program managed by the Centre for Addiction and Mental Health (CAMH).
• Repeat offenders: Must participate in a formal treatment program.

These requirements will be logged digitally in the Ministry of Transportation’s records and will be clearly noted on the physical suspension notices issued by the police.

What is impaired driving?

Impaired driving is a serious offence. It refers to two main types of impairment – drug impairment and alcohol impairment. Driving with a blood alcohol concentration of 0.08 or higher is a criminal offence. You also face the consequences if your compound BAC is between 0.05 and 0.08. The term encompasses many impairments, such as driving high.

Driving while impaired puts people at risk, increases their chances of getting into an accident, and could even land them in jail, not to mention the severe insurance consequences. The criminal code of Canada and each province has laws prohibiting impaired driving.

Is impaired driving a criminal offence in Canada?

Yes, impaired driving is a criminal offence in Canada. You face criminal charges at the federal level, and you also face penalties for breaking provincial driving laws.

Impaired Driving Criminal Code Definition

Is impaired driving an indictable offence in Canada? Yes, impaired driving is a crime. The definition of impaired driving under Section 320.14 of the Criminal Code of Canada is as follows:

• (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
• (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
• (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
• (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

Impaired driving definition by the Ontario Ministry of Transportation:

"Impaired driving means operating a vehicle (including cars, trucks, boats, snowmobiles and off-road vehicles) while under the influence of alcohol or drugs."

How long does impaired driving stay on your record in Ontario?

In Ontario, an impaired driving charge will stay on your driving record for up to ten years.

Impaired driving and new and young drivers

There is zero tolerance for driving and driving and drug impaired driving for new drivers. New and young drivers in Ontario are not permitted to have any alcohol or drugs.

This applies to all drivers with a G1 or G2 drivers licence. They will receive fines and penalties even if trace amounts are in their system. You must have a 0.00% BAC when driving, even if you are of legal drinking age.

Can you go to jail for impaired driving?

You can face jail time for impaired driving. The length of the sentence will depend on the charge and offence.

For example, if it is your third impaired driving offence, and your BAC is over 80mg, you could face 120 days of minimum jail time. If you cause bodily harm, you could face a maximum of 14 years in jail for impaired driving.

How does impaired driving affect insurance?

An impaired driving conviction will significantly impact your rates, your classification, and your ability to obtain coverage.Expect your car insurance to skyrocket with an impaired driving charge. Your rates can increase by up to 5 times your average premiums or more.

You may have issues getting covered if convicted of an impaired driving charge. You could be denied coverage or require high risk insurance.

What are the penalties for impaired driving?

There are a variety of penalties for impaired driving. Your impaired driving penalties will depend upon whether you’ve been convicted of impaired driving in the past. Being convicted could lead to:

• License: The loss of your driver’s licence.
• Impound: You could have your vehicle impounded.
• Fees: You may need to pay an administrative monetary penalty.
• Treatment programs: You may need to go to an educational treatment program.
• Fines: Receive a fine upon conviction.
• Ignition interlock: You may be required to install an ignition interlock device in order to drive your vehicle.
• Jail time: You could be sentenced to time in jail for your conviction.
• Criminal record: You could get a criminal record.

Laws for impaired driving in Ontario

As of December 18, 2018, Canada has new impaired driving and driving laws. The Government of Canada introduced changes to impaired driving laws, granting law enforcement new powers. Changes to both drug and alcohol impaired driving were introduced. The changes included in the legislation include:

• Mandatory alcohol breathalyzer testing: Police will now have the authority to demand a breath sample from any driver they stop. They no longer require reasonable suspicion. You can be charged if you refuse to take the roadside test.
• No more bolus drinking defence: If the past, drivers could argue they consumed alcohol just before driving and it was not absorbed. This defence is eliminated.
• Oral fluid samples: Police have the authority to demand oral fluid samples (saliva) if they suspect the driver is impaired from drugs. A positive test could lead to further testing, such as a blood test.
• Drug-impaired fines: Drivers with two nanograms but less than five nanograms of THC per millilitre of blood could face a fine of up to $1,000. More than five nanograms or mixing drugs with alcohol could lead to more significant fines and possible jail time.

The new laws also increase the maximum fines for most alcohol impaired offences. Changes to the interlock program and other changes were also proposed.

Laws for impaired driving in Canada

The criminal code of Canada impaired driving penalties and fines vary based on the charge and offence. Repeat offenders face greater fines, penalties, and jail time. These penalties are in addition to provincial impaired driving laws. The criminal code of Canada impaired driving penalties are as follows as outlined by the Department of Justice:

Alcohol Impairment

Charge

• Alcohol-impaired driving
• Having a Blood Alcohol Concentration (BAC) at or over 80mg per 100ml of blood within 2 hours of driving.

Penalty

• 1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment
• 2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment
• 3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment

Drug Impairment

Charge

• Drug-impaired driving
• Having 5ng or more of THC per ml of blood within 2 hours of driving.
• Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam within 2 hours of driving.
• Having 5mg or more of GHB per 1 litre of blood within 2 hours of driving.

Penalty

• 1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment.
• 2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment.
• 3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment.

Combination of alcohol and drug impairment

Charge

• Having a BAC of 50mg per 100ml of blood + 2.5ng or more of THC per 1ml of blood within 2 hours of driving.

Penalty

• 1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment
• 2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment
• 3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment

Impaired driving convictions in Ontario

The fines and penalties for impaired driving in Ontario vary. If you have a BAC of 0.05 to 0.08, you are considered in the warn range and will face administrative penalties. If you have a BAC of 0.08 or higher and are convicted you face a different set of penalties. The MTO outlines penalties for impaired driving convictions:

First Conviction

• 7-day licence suspension
• $250 fine

Second Offence Within 5 Years

• 14-day licence suspension
• $350 fine
• Mandatory education program

Third And Subsequent Offences Within 5 Years

• 30-day licence suspension
• $450 fine
• Mandatory treatment program
• Ignition interlock device for at least six months
• Mandatory medical evaluation to see if you meet requirements to drive in Ontario

Drug-impaired driving - summary conviction

Here are the charges and penalties for drug impaired driving:

• Charge: Having over 2ng but less than 5ng of THC per ml of blood within 2 hours of driving.

• Penalty: Maximum $1000 fine

Charge: Impaired driving causing bodily harm

• Penalty: Maximum 2 years imprisonment less a day. If you are indicted you face a maximum of 14 years in jail.

Charge: Impaired driving causing death

• Penalty: Maximum life imprisonment

Charge: 1st offence + BAC of 80-119 ml

• Penalty: Mandatory minimum $1000 fine

Charge: 1st offence + BAC of 120-159 ml

• Penalty: Mandatory minimum $1500 fine

Charge: 1st offence + BAC of 160 mg or more

• Penalty: Mandatory minimum $2000 fine

Impaired driving penalties for commercial vehicle drivers

You cannot have any drugs or alcohol in your system if you drive a commercial vehicle. You will face the penalties below and additional penalties for impairment, just like any fully-licenced driver. You’ll also have to pay a licence reinstatement fee every time your licence is suspended.

First offence

• 3-day immediate roadside licence suspension
• $250 penalty

Second offence

• 3-day immediate roadside licence suspension
• education or treatment program
• $350 penalty

Third offence

• 3-day immediate roadside licence suspension
• education or treatment program
• Ignition interlock condition for six months
• $450 penalty

Impaired driving causing death, bodily harm

Laws regarding impaired driving become significantly stricter when harm is caused to others.

Despite a general downward trend in impaired driving incidents, police-reported incidents involving alcohol (or a combination of alcohol and drugs) that caused bodily harm saw a sharp rise. In 2023, there were 474 such incidents, marking the highest number recorded since 2017.

Here is a look at the charges and penalties for impaired driving causing bodily harm or death:

• Impaired driving causing bodily harm: If convicted, you could face a minimum of two years and up to 10 years in jail. If indicted, there is a maximum of 14 years imprisonment.
• Impaired driving causing death: If indicted, you could face imprisonment for life.
• Lifetime licence suspension:lifetime licence suspension for impaired driving resulting in death.

Impaired driving facts from MADD Canada

MADD reports that in Canada, an average of 9 federal criminal charges and provincial short-term licence suspensions are issued every hour for alcohol- or drug-impaired driving, totalling about 215 sanctions daily.

Impaired driving remains a serious public safety issue, causing hundreds of deaths and thousands of injuries annually. Despite efforts, timely, comprehensive data on impairment-related crash deaths and injuries have been a challenge for over two decades, hindering a complete understanding of the problem's scope.

Here is a look at the latest statistics:

• Impaired driving remains a leading cause of death: In 2021, 459 Canadians died within 12 months of a crash involving a drinking driver, accounting for approximately 1 in 4 of all crash deaths where alcohol use was known.
• Drug-impaired fatalities are a critical concern: 496 Canadians were killed in crashes on public roadways involving at least one driver who tested positive for drugs.
• Youth are disproportionately affected by drug use: Almost 45% of fatally injured drivers aged 16–19 tested positive for drugs, while nearly two-thirds of fatally injured drivers aged 20–34 tested positive during the same period.
• A primary threat to young lives: In 2022, road crashes were a top cause of death for youth aged 15–24, with MADD estimating that over 50% of these incidents involved alcohol and/or drugs.

Impaired driving FAQs

How long does impaired driving affect insurance?

Impaired driving will affect your auto insurance for 6 years. During this time, you pay much higher rates.

Are there demerit points for impaired driving?

Contrary to what you may think, there are no demerit points for impaired driving in Ontario. Impaired falls under the Criminal Code of Canada. There may be demerit points for other moving violations related to an impaired charge.

What is blood alcohol concentration (BAC)?

Blood alcohol concentration is something you hear about in relation to drunk driving. Blood alcohol concentration means the amount of alcohol a person has in their bloodstream at a given time.

A BAC of 0.08% means your blood supply has 0.08 parts of alcohol for every 1000 parts of blood. As your BAC increases, so does your level of impairment.

What does blood alcohol concentration of 0.05 mean?

When a person has a BAC of 0.05%, they can experience minor impairments related to memory and reasoning. It can impair your ability to drive. At 0.05%, you have 50 milligrams of alcohol per 100 millilitres of blood in your system. It also means you have reached the warning level.

What is the back on track program?

If you are convicted of impaired driving, you will be required to complete the Back On Track Program. This includes if you were convicted of driving while impaired by drugs. You can register for the program online and attend in person at a location in your city.

You will be required to complete an Education Workshop and a Treatment Workshop. The program takes 16 hours to complete and costs $634. If you do not complete the program, your licence will remain suspended.

What is the difference between impaired driving and DUI?

Many people assume impaired driving and DUI are the same. DUI is one of the many types of impaired driving that focuses on drinking and driving and may cause you to need a DUI insurance. Impaired driving reflects a person's ability to operate equipment (vehicle, boat, plane, railway) while impaired by drugs or alcohol.

How do police detect impaired drivers?

Police use various tests to assess drivers' sobriety. In Ontario, they use these four tests:

• Field sobriety test: If police suspect impairment, they will perform a roadside standardized field sobriety test.
• Breath testing: Police can demand a breath sample from any drivers they stop. This is used to determine a drivers BAC.
• Drug recognition evaluation: If an officer believes drugs impair a driver the driver will be required to take a test at the police station. The test assesses drug impairment.
• Approved drug screening devices: Police can demand an oral fluid sample to assess drug impairment.

How can I avoid driving while impaired?

It’s important to never put yourself in situations where you could get behind the wheel when impaired. Here are some common sense tips to help you avoid driving while impaired:

• Be responsible: Make the decision to not drive if you’ve been drinking or using drugs.
• Have a plan: Always have a plan to get home safely. Plan ahead of time before you go out for the evening.
• Use a designated driver: Agree upon a designated driver before you start drinking.
• Call a driver service: Call a taxi, Uber, Lyft, or designated driver service to get home.
• Stay the night: Make arrangements to stay at a friend's or family home or book a hotel.

You can also help prevent others from driving while impaired. Don’t allow others to drive if they have been drinking. If you suspect a driver to be impaired, notify the police. Taking these steps can help keep our roads safe.

A final word on impaired driving

Never drive impaired. The consequences are severe and far-reaching. If you've been charged with impaired driving, contact a legal professional immediately. Remember, the safety of both you and others is of paramount importance.