A detailed overview of the Canadian Criminal Code provisions concerning impaired driving offenses.

Impaired Driving Offences in the Criminal Code

Criminal Code Provision: Section 320.14(1)

320.14 (1) Everyone commits an offence who

1. operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
2. subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
3. subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
4. subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

Understanding Impaired Driving

The Criminal Code forbids operating a vehicle while under the influence of any amount of drugs, alcohol, or a mix of the two. Punishments for this crime vary from a compulsory minimum fine to life in prison, based on the seriousness of the offence. An “Over 80” offence is a separate offence under section 320.14(1)(b) of the Criminal Code. Even if someone may not visibly seem impaired, they can still be convicted if the Blood- Alcohol Concentration (BAC) is above the legal limit.

Alcohol Limit

The prohibited blood-alcohol concentration (BAC) is 80 milligrams or more (mg) of alcohol per 100 millilitres (ml) of blood.

Mandatory Alcohol Screening

Law enforcement officers can demand that any lawfully stopped driver provide a preliminary breath sample for alcohol testing **without needing reasonable suspicion** that the driver may be intoxicated. This means that if you are stopped during a RIDE Program or a regular traffic stop, you may be legally obligated to give a breath sample. Not complying with this demand constitutes a criminal offence, bearing penalties equivalent to those for an impaired or ‘Over 80’ conviction.

What Happens During an Impaired Driving Stop

1. Initial Stop – The police may stop a vehicle at a RIDE program during a traffic stop, or based on suspicion of impairment (swerving, speeding).
2. Questioning and Observations – The officer may inquire whether you have used alcohol or drugs. They will monitor your actions (speech, coordination, scent of alcohol, or red eyes). You will be required to present your license, registration, and insurance, but you’re not obligated to disclose how much you consumed in terms of alcohol or substances.
3. Roadside Screening – If necessary, you will be requested to exhale into a roadside screening device (ASD). A failed result may result in the instant suspension of your license and towing of your vehicle. Declining to give a sample is a criminal act with penalties equal to those for an impaired conviction.
4. Arrest and Rights – If the device reads a “fail” when the officer thinks you’re impaired, you will be arrested. At this stage, you are entitled to legal representation promptly under the Charter. Authorities are required to provide you with the chance to contact an attorney. You are only required to show identification and do not need to respond to police inquiries.
5. Breathalyzer or Blood Test at the Station – Following your arrest, you will be transported to the station (or, in certain instances, a mobile unit) for additional testing on a validated device. You are required to submit two breath samples (or a blood/urine sample for substance impairment). The outcomes of these assessments are utilized as proof for an “Over 80” or drug impairment offence.
6. Release and Paperwork – If you are charged, you could be released the same day with conditions and a scheduled court date.

Penalties for Impaired Driving

1. First Offence – Mandatory Minimum – $1000 fine
2. Second Offence – Mandatory Minimum – 30 days imprisonment
3. Third Offence – Mandatory Minimum – 120 Days Imprisonment