Impaired driving remains one of the most commonly charged criminal offences in Ontario, and the law in this area was substantially overhauled in December 2018. This guide explains how impairment is defined under section 320.14 of the Criminal Code, the mandatory minimum penalties that apply, how those penalties escalate where bodily harm or death results, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
What Counts as Impaired Driving?
Section 320.14(1)(a) of the Criminal Code makes it an offence to operate a conveyance, which includes a motor vehicle, vessel, aircraft, or railway equipment, while the person's ability to do so is impaired to any degree by alcohol, a drug, or a combination of the two. This standard does not require a specific level of intoxication; even a slight impairment of the ability to operate the vehicle safely can be enough to meet this definition, based on evidence such as an officer's observations of driving pattern, physical coordination, and speech. The offence also covers being in care or control of a vehicle while impaired, meaning a person can potentially be charged even without actually driving, where the evidence shows some risk that they could set the vehicle in motion.
The 2018 Overhaul of Driving Offences
In December 2018, Parliament repealed the older impaired driving provisions and replaced them with a new framework in Part VIII.1 of the Criminal Code, sections 320.11 through 320.4. This reform also introduced mandatory alcohol screening, giving police broader authority to demand a roadside breath sample from a lawfully stopped driver without needing a prior suspicion that the driver had been drinking, discussed further on our refusing a breath demand page.
Classification and Penalties
Impaired driving is a hybrid offence, and it carries mandatory minimum penalties that increase with each subsequent offence.
Impaired Driving (Section 320.14) at a Glance
- Classification
- Hybrid offence (Crown elects summary conviction or indictment)
- Maximum penalty – indictment
- Up to 10 years imprisonment
- Maximum penalty – summary conviction
- Up to 2 years less a day and/or a $5,000 fine
- Mandatory minimum – first offence
- A fine of at least $1,000 (higher minimums apply at higher blood alcohol concentrations)
- Mandatory minimum – second offence
- At least 30 days imprisonment
- Mandatory minimum – third or subsequent offence
- At least 120 days imprisonment
These figures reflect the Criminal Code as of this page's last update. A first conviction also generally results in a mandatory driving prohibition of at least one year. A criminal lawyer can confirm the current state of the law for a specific case.
Bodily Harm and Death
Where impaired driving causes bodily harm to another person, section 320.14(2) increases the maximum penalty to 14 years imprisonment. Where impaired driving causes death, section 320.14(3) increases the maximum penalty to life imprisonment. These escalated maximums reflect the serious, often irreversible consequences that can result from driving while impaired, and cases involving injury or death are prosecuted with particular seriousness by Ontario Crown attorneys.
A conviction for impaired driving affects far more than the criminal penalty itself. It generally triggers an Ontario driver's licence suspension separate from any court-ordered prohibition, can significantly increase insurance premiums, and can affect the ability to travel to certain countries, including the United States.
How This Relates to Other Driving Charges
Impaired driving sits alongside several related offences: driving with a blood alcohol concentration over the legal limit, which is proven through chemical testing rather than observed impairment, and refusing a breath demand, which criminalizes refusing to provide a sample when lawfully demanded. Where impairment combines with especially reckless driving, additional dangerous driving charges may also apply depending on the facts.
Mandatory alcohol screening means police can now demand a roadside breath sample from any lawfully stopped driver, even without any prior suspicion that the driver has been drinking. This was a significant expansion of police authority introduced by the 2018 reforms.
Possible Defences
Impaired driving cases often turn on the reliability of the evidence used to establish impairment, including an officer's observations, the results of any physical coordination testing, and expert evidence about the effects of alcohol or drugs. Whether police had the legal authority to make the specific breath or roadside demand at issue, and whether that demand was made and complied with within the legally required timeframes, are frequently significant issues, especially since the 2018 changes altered several of these procedural rules. A criminal lawyer experienced in impaired driving matters should review the specific circumstances, including any video or breath test records, before advising on possible defences.
What Happens After This Charge
A person charged with impaired driving is often released with a future court date, sometimes alongside conditions such as not operating a motor vehicle in the interim, and separately faces an immediate roadside licence suspension under Ontario's provincial driving laws, distinct from the criminal process. These two tracks, the criminal charge and the provincial licensing consequences, proceed on separate timelines and are addressed through different processes, which can be confusing for someone navigating both at once. The criminal case proceeds through the standard court process, including a first appearance and disclosure, before moving toward a resolution or a trial. See our sentencing overview and criminal records overview for more.
Because impaired driving is prosecuted so frequently, courthouses across Ontario see a steady volume of these cases, and Crown attorneys generally take a firm approach to resolution given the mandatory minimum penalties involved. Genuine, fact-specific issues with the Crown's evidence, such as problems with how testing was conducted or documented, remain the most common basis for contesting these charges rather than any general leniency in how they are prosecuted.
Frequently Asked Questions
Is there a mandatory jail sentence for a first impaired driving conviction?
Not typically. A first offence carries a mandatory minimum fine, not a mandatory jail sentence, though the fine amount increases at higher blood alcohol concentrations. Jail becomes mandatory starting with a second offence.
Does "impaired to any degree" mean I have to be extremely intoxicated?
No. The legal standard requires only that the person's ability to operate the vehicle was impaired to some degree by alcohol or a drug, which can include a relatively modest level of intoxication depending on the evidence.
Can I be charged with impaired driving from prescription medication?
Yes. Impairment by a drug, including a legally prescribed medication, can support this charge if it actually impairs the person's ability to safely operate the vehicle, regardless of whether the drug was obtained legally.
Will an impaired driving conviction affect my ability to travel to the United States?
It can. A criminal conviction, including for impaired driving, can affect admissibility to the United States. Anyone with concerns about international travel should seek specific advice about this issue.
What happens if I refuse to be tested?
Refusing a lawful breath or blood demand is a separate criminal offence with penalties generally similar to impaired driving itself. See our refusing a breath demand page for more.