
Criminal Code for Impaired Driving
Understanding the Criminal Code is essential when facing an impaired driving charge. Below is an overview of how Canada’s impaired driving laws apply in Ontario, including Toronto, and what they mean for individuals accused of these offences.
- ✓ Federal Criminal Code provisions governing impaired driving across Canada
- ✓ Explanation of impaired, over 80, refusal, and drug-related offences
- ✓ Overview of penalties, driving prohibitions, and criminal consequences
- ✓ Ontario-specific licence and administrative consequences
- ✓ Clear legal information to help you understand your rights and risks
Avoid a
Criminal Record
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Impaired driving offences in Toronto and across Ontario are governed by the Criminal Code of Canada. While Ontario imposes additional administrative penalties, criminal charges themselves arise from federal law.
Main Criminal Code Sections
Part VIII.1 — Sections 320.11 to 320.4
Impaired driving offences are contained within Part VIII.1 of the Criminal Code
and apply uniformly across Canada.
Impaired Operation
Section 320.14(1)(a)
Operating a motor vehicle while your ability to do so is
impaired by alcohol or a drug is a criminal offence.
- No minimum blood alcohol level is required
- Impairment may be based on driving behaviour or physical symptoms
- Applies to alcohol, drugs, or both
Over 80 / Exceed Blood Alcohol Concentration
Section 320.14(1)(b)
It is an offence to operate a vehicle with a
blood alcohol concentration of 80 mg or more.
- Commonly referred to as “Over 80”
- Based on breath or blood testing
- Visible impairment is not required
Refusal or Failure to Comply
Section 320.15
Refusing or failing to comply with a lawful demand is a criminal offence.
prosecuted in Ontario.
Criminal Penalties
First Offence
- $1,000 minimum fine (Over 80)
- One-year driving prohibition
- Permanent criminal record
Second Offence
- Minimum 30 days jail
- Two-year driving prohibition
Third or Subsequent Offence
- Minimum 120 days jail
- Three-year driving prohibition
purposes only and does not constitute legal advice.
Find a Lawyer Who Knows Local Courts
Criminal charges are not something you want on your record. You don’t want to have employers constantly ask about your criminal past. You don’t want to not clear a police background check. It is extremely important that you find an educated, reliable, and experienced lawyer. If you are looking for a DUI lawyer Mississauga professional or a DUI lawyer Richmond Hill, Jonathan Lapid is your go-to reliable option.
Jonathan Lapid, an experienced DUI lawyer Toronto expert that knows the local courts and will provide you with exactly what you need. This includes insightful, helpful, and reliable opinions that you can count on. Flexible appointments and extremely convenient consultation hours. Cost effective rates, and absolutely no hidden costs.
The Advantages of Speaking with
Jonathan Lapid
- One of the Highest Success Rates
- Free Initial Honest Case Assessment
- Reasonable Fees With No Hidden Costs
- Successfully Defended Hundreds of Clients
- Criminal Lawyers Rely on Him for DUI Advice
- Jonathan Himself Has 25 Years of Experience
Frequently Asked Questions About DUI Arrest Defence
What should I do immediately after a DUI arrest?
What counts as a DUI offence in Toronto?
Can I fight the DUI charge even if my BAC was over the legal limit?
Could I face jail time for a DUI in Toronto?
How soon should I contact a DUI defence lawyer after an arrest?
