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Posted by on Apr 25, 2014 in Featured |

Federal Drinking and Driving Law

What You Need To Know About Driving Law and License Suspension

 

OFFENCES:

  • Impaired Driving: which means driving with blood alcohol level exceeding .08%
  • Failure to provide breath or blood sample

FEDERAL PENALTIES:

Minimum Penalty:

  • 1st Offence – $300.00 fine and 3 months driving prohibition
  • 2nd Offence – 14 days imprisonment and 6 months driving prohibition
  • Subsequent Offence – 90 days imprisonment and 1-year driving prohibition

Maximum Penalty (1st, 2nd or subsequent offence):
Summary Conviction: $2,000.00 fine, 6 months imprisonment and 3 years driving prohibition

OFFENCES:

  • Impaired driving causing death

MAXIMUM PENALTIES:

  • Maximum penalty plus the court may impose a fine as well in any category: -14 years imprisonment and 10 years driving prohibition.

OFFENCES:

  • Impaired driving causing bodily harm

MAXIMUM PENALTIES:

  • 10 Years imprisonment and 10 years driving prohibition

OFFENCES:

  • Driving while prohibited or suspended

MAXIMUM PENALTIES:

  • Summary conviction: $2,000.00 fine, 6 months imprisonment and 3 years driving prohibition Indictment: 2 years imprisonment and 3 years driving prohibition.

Provincial Licence Suspension for Federal Drinking and Driving Offenses

PROVINCIAL LICENCE SUSPENSIONS FOR FEDERAL DRINKING AND DRIVING OFFENSES:

  • For 1st Federal Offence – 1 year licence suspension
  • 2nd Federal Offence within 5 years – 2 licence suspension
  • Subsequent Federal Offence within 5 years – 3 year licence suspension

Maximum licence suspension for any federal drinking and driving offence with an additional suspension of up to 3 years

For driving while prohibited or suspended further suspensions begin only after all federal and other provincial suspensions have ended.

Provincial Laws Relating to Drinking and Driving

THE LAW: The Highway Traffic Act authorizes police to stop any vehicle at random to determine whether the driver has been drinking.

THE PENALTIES:

  • 72 hour immediate licence suspension if a driver has a BLOOD ALCOHOL CONTENT of .05% or more under the Highway Traffic Act.
  • May receive a 72 hour immediate licence suspension for failure to provide breath or blood samples in response to police demand.

For example, if driving under a 72 hour licence suspension which is a provincial offence the consequences are:

  • 1st offence a 1 year licence suspension
  • subsequent offence within 5 years means a 2 year licence suspension

New Legislation as of November 29. 1996

  • If driver is charged with BLOOD ALCOHOL CONTENT over .08% or if fails/refuses to provide breath sample, he/she is subject to immediate suspension of driving privileges for 90 days.
  • These Administrative Driver’s Licence Suspensions now apply to snow vehicles and street cars. These suspensions are independent of any Criminal Code charges being laid

GRADUATED LICENSING IN ONTARIO FOR CLASS G DRIVERS
(cars, vans and small trucks)

(These conditions and penalties apply in addition to the conditions and penalties of the Highway Traffic Act and the Criminal Code of Canada)

Level One Driver (lasts 12 months):

  • Must maintain a zero BLOOD ALCOHOL CONTENT when driving
  • Accompanying driver must maintain BAC of less than .05%

Level Two Driver (lasts a minimum of 12 months):

  • Must maintain a zero BLOOD ALCOHOL CONTENT when driving
  • If you have a positive BLOOD ALCOHOL CONTENT while driving with a Level One (G1) or Level Two (G2) licence your licence will be suspended for 30 days.