DUI in Canada: 6 Legal Facts Every Driver Should Know About Blood Alcohol Limits
DUI (Driving under the influence) or impaired driving is a serious issue that has massively affected road safety across Canada. If you are driving under the influence of alcohol, you are not only putting your own life at risk, but you are also risking the lives of other people on the road. In this blog, we are going to look at 6 legal facts every Canadian driver should know about the legal blood alcohol limit for driving.
There are multiple awareness campaigns and stricter driving laws. In many Canadian provinces, drunk driving has been a major concern. Many preventable accidents continue to occur because of this issue. In the 2020-2023 period, the conviction rate for impaired driving was 39-40%, as the global pandemic made it difficult to pursue convictions regarding the drinking and driving issues.
Before knowing the legal facts, let’s understand what is actually referred to as driving under the influence, and what Canada’s driving alcohol limit is.
What Is Impaired Driving or DUI?
Impaired driving is when you are operating a vehicle under the influence of drugs, alcohol, or other substances. Under Canadian law, you will be considered driving under the influence if you are driving passenger cars and motorcycles, to commercial vehicles.
You will be inculpated for up to two hours after driving if your blood alcohol or drug concentration is way higher than the legal limit. The law requires you not to drive if you are under the influence of alcohol.
Canadian drivers need to remember certain facts before driving under the influence of alcohol.
Legal Facts for Drivers to be Aware of
Here are 6 points to remember if you are driving in Canada and do not want to be charged with DUI:
Fact # 1: The Federal Alcohol Limit in Blood
The Canadian Federal Criminal Code is responsible for determining the offenses, enforcement procedures, and penalties. The Blood Alcohol Concentration or BAC level legal limit for drivers in Canada is 0.08% (80 mg of alcohol per 100 ml of blood). Drivers who are found with a blood alcohol concentration legal limit and higher than the legal limit are convicted of different penalties.
Different Convictions if Found Guilty
Convictions under the federal law can include fines, prohibitions on driving, and jail time. The penalty depends on the level of alcohol limit found in the blood when convicted. While this falls under the Criminal Code offence and is established federally, the enforcement, prosecution, and application of penalties are sanctioned within provincial and territorial authorities.
Therefore, drivers, especially novice drivers who do not know what the legal alcohol limit is to drive, need to understand the federal laws and convictions that can be imposed against them.
Fact # 2: Provincial ‘Warn Range’ Limits Are Lower than the Federal Alcohol Limit
Most provinces and territories in Canada have lower administrative limits on alcohol presence while driving. This alcohol level for DUI is known as the ‘Warn Range’. Depending on the provinces and territories, this limit can stay within 0.05% to 0.079%. Although not a criminal offence, this drink and drive limit in Canada can bring immediate provincial administrative penalties.
These penalties include immediate suspension of the license (the duration of suspension of the license can range from 24 hours to 7 days). Furthermore, penalties can also result in fines and potential seizure of the vehicle. However, driving within the warning range will not result in a criminal record.
Here is a table that shows the provincial and territorial BAC limits:
|
Province/ Territory |
Administrative BAC Limit |
Suspension or Penalties |
| Ontario |
0.05% |
This is the warning range, meaning you will be facing a 3-day license suspension for the first offense |
| Alberta |
0.05% |
Immediate suspension of the license for 3 days for the first offense |
| British Columbia |
0.05% |
Immediate roadside prohibition |
| Quebec |
0.08% |
24-hour license suspension |
| Saskatchewan |
0.04% |
Immediate 3-day license suspension |
| Newfoundland & Labrador |
0.05% |
7-day license suspension |
| Nunavut |
0.05% |
24-hour license suspension |
Table 1: BAC limit and Warning range of the provinces and territories of Canada
Fact # 3: Zero Tolerance for Novice and Young Drivers
Novice drivers, especially drivers who are 21 years of age or younger under must not have any alcohol traces in their bloodstream while driving. For young drivers and beginners, the alcohol limit in Canada while driving follows a zero-tolerance policy.
This means the drivers (Drivers with a G1, G2, M1, or M2 License) should not have any traces of alcohol at all in their bloodstreams. If the novice drivers are caught even with the slightest amount of alcohol traces, they can face certain penalties and fines.
Penalties if Alcohol Traces Are Found amongst Young Drivers
Novice drivers who are found intoxicated while driving face an immediate 24-hour roadside driver’s license suspension. They can also experience a fine ranging from $60 to $500 and a 30-day license suspension. As per the Novice Driver Escalating Sanction Scheme (Government of Ontario), novice drivers can also be suspended from driving, and their novice license can be subject to cancellation. They may also have to go back to the initial phases of the graduated licensing program.
Fact # 4: Refusing A Sobriety Test Is a Criminal Offense
Under the federal law of Canada, refusing to provide a breath, saliva, or blood sample while demanded by the police is a punishable criminal offense. The penalties for refusing a sobriety test are similar to those for driving under the influence. In extreme cases of non-cooperation, the punishment can be more severe.
How the Police Can Check Your Sobriety Roadside
In Canada, police check the sobriety of drivers using Standard Field Sobriety Tests (SFSTs) or screening devices to evaluate whether the drivers are within the blood alcohol concentration limit. SFSTs are physical coordination tests that evaluate whether drivers can maintain their balance. These tests include walk and turn, one-leg stand, and eye-tracking tests. Furthermore, police officers stationed at the roadside use a drug screening device to evaluate oral fluids like saliva and a breathalyzer test to check the breath of the drivers. A failure in these tests or being non-cooperative with the police can result in charges and convictions.
Fact # 5: Police Can Demand a Breath Sample Without Suspicion
Under the provisions of Mandatory Alcohol Screening (MAS), police can stop any driver and demand a roadside sample of their breath, even if they do not have a reasonable suspicion of alcohol. According to the reforms passed in 2018 by the Parliament and given Royal Assent, the Mandatory Alcohol Screening authorizes the police and other law enforcement officers to demand a breath sample on an approved screening device.
However, police can only stop those drivers lawfully, under common or provincial law. Just like, under provincial highway traffic law, law enforcement officers can stop drivers randomly to check the validity of the license, vehicle fitness, and sobriety. The police are empowered to check whether the drivers are following the Canadian driving under alcohol limit. According to the research, around 50% of drivers who are beyond the BAC level legal limit can not be detected at roadside checkpoints. MAS has become a proven traffic safety measure, which will improve the detection of alcohol-impaired drivers.
Fact # 6: Impairment by Drugs or a Combination of Drugs and Alcohol Is Also Illegal
The driving laws in Canada not only cover alcohol, but also illegal drugs. And combining substances like alcohol and drugs before driving is also a punishable offense. Upon tracking, you can face certain legal consequences.
Final Words
Driving under the influence (DUI) can lead to serious consequences if you are not aware of the Canadian DUI limit. Besides, driving while under alcohol is not only hazardous for yourself, but also puts the lives of others on the road in danger. The Canadian legal code and law enforcement strictly control the incidents of drunk driving in Canada. However, it is all about the awareness of the common people that can result in reduced DUI cases in Canada.
Know the Legal Procedure Before Getting Pulled up by the Canadian Police!
Want to avoid legal consequences upon getting pulled over with suspicion of driving under the influence? Know the right legal procedure and always cooperate with law enforcement organizations to stay on the right side of the law.
Frequently Asked Questions (FAQs)
Do I Have to Pay Any Fee Every Time My License Gets Suspended?
Ans. Yes, you will need to pay a license reinstatement fee every time your license is suspended due to the charge of high alcohol level for DUI.
Can My License Be Canceled if I Am Repeatedly Accused of DUI?
Ans. Yes, depending on your age and the class of driver’s license you have, your license can be canceled permanently.
How to Avoid a DUI?
Ans. The best way to avoid DUI charges is by actually not driving the car yourself. Plan and have a designated driver who can drive you. You can also call a taxi or ride share.
