Impaired Driving in Canada

What is the legal alcohol limit for driving in Canada?

Criminally, 80 mg of alcohol per 100 mL of blood — at or over that within 2 hours of driving is the offence, nationwide. But the practical limits are lower: provinces discipline the 0.05–0.079 "warn range" with immediate roadside suspensions (Ontario's first-occurrence suspension is 7 days as of 1 January 2026; BC's warn-range prohibitions run 3 to 30 days), and new and young drivers face zero tolerance almost everywhere. Impairment by drugs is charged under the same section, with legal blood limits for THC.

What are the penalties for a first offence?

The Criminal Code sets mandatory minimums no judge can go under: a $1,000 fine — $1,500 if your reading was 120–159, $2,000 at 160 or over or for refusing a demand — plus a driving prohibition of at least 1 year. On top sit your province's consequences: the immediate 90-day administrative suspension you already served, remedial program fees, licence reinstatement fees, ignition interlock, and insurance premiums that jump for years. Second and third offences carry minimum jail: 30 and 120 days.

Can I refuse the breath test?

Not without acquiring an equal or worse charge. Refusing a lawful demand is its own Criminal Code offence with a $2,000 minimum fine — higher than the ordinary first-offence minimum — plus the same prohibitions and provincial suspensions as blowing over. And since 2018, mandatory alcohol screening means police can lawfully demand a roadside sample from any driver they have lawfully stopped, without suspicion. Whether a particular demand was lawful is a real defence question — but that argument is for court, not the roadside.

When can I drive again?

Two clocks run. The provincial administrative suspension starts immediately — typically 90 days — and if you are later convicted, the criminal prohibition (minimum 1 year on a first offence) plus a further provincial suspension follow. Most provinces shorten the real off-road time through ignition interlock programs: after a minimum period you drive only a car fitted with the device. The exact sequence depends on your province and your record — it is one of the most useful things to get mapped out on a free call.

Will this affect my job, travel or immigration status?

It can, seriously. A conviction is a criminal record. The United States can refuse entry to people with impaired-driving convictions. And since 2018, impaired driving is "serious criminality" under Canadian immigration law — for permanent residents and foreign nationals a conviction can mean inadmissibility and loss of status. If you are not a Canadian citizen, treat any impaired charge as an immigration emergency as well as a criminal one, and get advice before any plea.

Is it worth fighting an impaired charge?

Sometimes, genuinely. These prosecutions live on procedure: the lawfulness of the stop and the demand, the timing windows behind the 2-hour presumption, the approved instrument's records, your Charter right to counsel at the station. None of that is visible from the roadside paperwork — it emerges from disclosure. That is why the standard advice is boring and right: do not plead at a first appearance; get disclosure; get advice. A C$295 hour with a lawyer who does this work is precisely built for that decision.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The free line gives clear, general legal information about Canada's impaired-driving law — not legal advice on your specific situation — and calling creates no lawyer-client relationship. When you want advice on your facts, we connect you with a Canadian lawyer for a one-hour consultation at a flat C$295 — the total, nothing added — bookable on the call, with the price confirmed before you pay anything.