Impaired driving, over 80, and dangerous driving charges in Ontario

A few distinct charges sit under this heading: impaired operation, where alcohol or drugs affected your driving to any degree; over 80, where your blood alcohol was at or above 80 mg per 100 mL within two hours of driving; refusing a breath or drug demand; and dangerous driving, judged by how a reasonable driver would have acted, separate from any substance. For over 80, the Crown relies mainly on breath or blood results. For impaired operation, the Crown has to prove your ability to drive was impaired, even slightly. Since December 2018, an officer can demand a roadside breath sample from any lawfully stopped driver with no suspicion needed, and refusing without a reasonable excuse is its own criminal offence, with a minimum fine of $2,000.

These are Ontario administrative penalties, separate from the criminal court process, and they apply without any conviction (as of 2026). In the warn range (BAC 0.05 to 0.079), a first occurrence brings a 7-day licence suspension and a $250 penalty, a second a 14-day suspension and $350, and a third a 30-day suspension, $450 and a 6-month ignition interlock condition, with education or treatment programs required. Where police find a reading of 0.08 or above, a refusal, or drug impairment, the usual consequences are an immediate 90-day suspension, a 7-day vehicle impound, and a $550 penalty. What applies in a given stop depends on the circumstances. Roadside penalties aren't a criminal record, but police can also lay a criminal charge on the same facts.

As of 2026, the mandatory minimum fine for a first offence is $1,000, rising to $1,500 or $2,000 at higher BAC levels. A second offence carries at least 30 days in jail, a third or later at least 120 days, and a first conviction also brings a driving prohibition of at least one year. Causing bodily harm carries a maximum of 14 years. Causing death carries a maximum of life. Ontario adds its own consequences on conviction: a licence suspension of at least 1 year for a first conviction, 3 years for a second and a lifetime suspension for a third within 10 years, mandatory education or treatment, and an ignition interlock condition, a breath tester wired into your car at your own cost, for at least 9 months to a year after a first conviction, depending on the case. For offences on or after July 1, 2026, a minimum 6-month zero alcohol and drug condition follows the interlock period. Impaired driving causing death brings a lifetime licence suspension. Some first offenders can shorten their suspension through Ontario's reduced suspension program by installing an interlock early.