Certain driving behaviours are dealt with more severely or are considered to be sufficiently dangerous or objectionable to be dealt with under the Criminal Code of Canada.
The penalties and consequences for criminal driving offences are severe. In addition to the penalties under the Criminal Code, there are also provincial penalties. Under the provincial legislation the consequences include suspensions, reinstatement programs and financial penalties.
Some examples of Criminal Code driving offences are:
Impaired Driving Offences
Equal to or exceeds .08 BAC
It is an offence to operate a conveyance1 when you have 80 or more mg of alcohol per 100 ml of blood (80 mg% or .08). A breath sample or a blood sample may be taken to provide this evidence. If your blood alcohol content (BAC) is equal to or over .08, you have committed a Criminal Code offence.
Impaired
Operating a conveyance1 while your ability to operate is impaired in any degree by alcohol or a drug or by a combination of alcohol and a drug is an offence.
Exceeds drug
It’s an offence to operate a conveyance when you have a blood drug concentration that is equal to or exceeds the blood drug concentration prescribed by federal regulation for that drug.
Combination alcohol and drug
It’s an offence to operate a conveyance if you have a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol and blood drug concentration prescribed by regulation for instances where alcohol and that drug are combined.
Operation – low blood drug concentration
It’s an offence to operate a conveyance if you have a blood drug concentration that is equal to or exceeds the blood drug concentration that is prescribed by federal regulation for that drug and is less than the concentration prescribed for Exceeds Drug.
Mandatory alcohol screening
A police officer may demand a breath sample from a driver in the absence of having a reasonable suspicion that the driver has consumed alcohol.
Refusal
If a police officer suspects you are impaired they may demand that you provide a breath sample or samples of a bodily substance that, in the police officer’s opinion, are necessary to enable a proper analysis by means of an approved screening device or approved drug screening equipment. The police officer may also demand that you immediately perform physical coordination tests.
Knowing that a demand has been made for a sample, it’s an offence to fail or refuse to comply without reasonable excuse.
Refusing to comply with a demand is an offence.
Administrative consequences for Criminal Code impaired driving offences
An indefinite licence suspension will be issued to any driver who is charged under the Criminal Code of Canada with an impaired driving related offence. The suspension will remain in effect until the charges are resolved in court. If the offence you are charged with is alcohol-related, you may be eligible to reinstate your driving privileges early by voluntarily installing an alcohol-sensing ignition interlock device in your vehicle. The vehicle being operated will also be seized under the Vehicle Impoundment program for a minimum of 30 days, to a maximum of 60 days if the BAC is .16 or greater, or if the driver failed to comply with a demand.
Further consequences will be applied if the driver is found guilty of the offence in court. The following chart outlines the consequences for impaired driving offences
| Number of offences (Over .08 BAC or Refusal) 10 year look-back | ||||||
|---|---|---|---|---|---|---|
| 1st Offence | 2nd Offence | 3rd & Subsequent Offence(s) | ||||
| Offence Type | .08 to .159 BAC2 (alcohol or combination alcohol and drug) or over drug legal limit | .16 BAC3 and over or Refusal4 (alcohol & combination alcohol and drugs) | .08 to .159 BAC2 (alcohol or combination alcohol and drug) or over drug legal limit | .16 BAC3 and over or Refusal4 (alcohol & combination alcohol and drugs) | .08 to .159 BAC2 (alcohol or combination alcohol and drug) or over drug legal limit | .16 BAC3 and over or Refusal4 (alcohol & combination alcohol and drugs)Refusal Refusal = refusal to provide a breath sample. |
| Immediate indefinite suspension | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ |
| Vehicle impoundment | 30 days | 60 days | 30 days | 60 days | 30 days | 60 days |
| Education/program5 | Driving Without Impairment (DWI) | DWI | Alcohol & Drug Education (ADE) | ADE | Addictions assessment | Addictions assessment |
| Safe Driver Recognition points5 | Move to -20 or Minimum -10 | Move to -20 or Minimum -10 | Move to -20 or Minimum -10 | Move to -20 or Minimum -10 | Move to -20 or Minimum -10 | Move to -20 or Minimum -10 |
| Financial penalty5 | $1,250 | $2,250 | $1,250 | $2,250 | $1,250 | $2,250 |
Other Criminal Code driving offences
Criminal negligence
Driving with reckless disregard for life and safety is an offence. If you're charged and convicted of a criminal negligence causing bodily harm, the penalties are increased.
Dangerous driving
Failing to exercise reasonable care in the operation of a motor vehicle is an offence.
Failure to stop at scene of collision
If you're involved in a collision with a person, vehicle or cattle in the charge of a person, you must give your name, address, driver’s licence number and insurance information to any other involved people and assist any injured people.
Drive while disqualifed
If you drive while you're disqualified, you could face additional charges, vehicle impoundment, and other financial consequences. It's an offence under the Criminal Code to drive while disqualified.
Arrest
You may be arrested if you:
- operate an unregistered vehicle
- drive without a driver’s licence
- fail to stop when signalled by police
- drive without care and attention or without reasonable consideration for others
- tamper with a vehicle
- fail to provide information when requested by police
- commit Criminal Code offences
You may be arrested if the police have reason to believe you will not appear in court to answer your summons.
Licence disqualifications
If you're convicted of any of the offences discussed in this section, your licence will be automatically cancelled and you will be disqualified from driving. The period of disqualification will be based on the number of Criminal Code convictions you have had in the last 10 years:
- one conviction - 1 year
- two convictions - 3 years
- three convictions - 5 years
In addition to these automatic provincial disqualifications, the court may issue an order prohibiting you from operating a motor vehicle on any street, road, highway or other public place anywhere in Canada for a period of time. You will not be allowed issue of a full unrestricted driver’s licence until the expiration of the longer period, whether it is the automatic disqualification or the court order.
Reinstatement of driving privileges
If you’re convicted of a criminal offence you may be eligible for early reinstatement of your driving privileges. Options for early reinstatement may include:
- ignition interlock special restricted driver’s licence
- special restricted driver’s licence
These options are issued on the provision that you have a zero tolerance for drugs and alcohol while driving. This means no detectable amount of alcohol or drugs in your system.
Ignition interlock special restricted driver’s licence
The Ignition Interlock program is a remedial program for drivers who have received impaired driving suspensions or convictions. An ignition interlock device prevents you from operating a vehicle if you have alcohol in your body. A device is installed in the vehicle that is connected to the vehicle’s ignition that checks for the presence of alcohol in the driver. The driver must blow into the machine to start the car, and continue to periodically blow into the device to keep the car in motion. If the device senses alcohol, the car will not start. If while in motion the device senses alcohol the horn will start honking and headlights will flash to draw attention to the vehicle. These cannot be stopped until the vehicle is turned off.
The ignition interlock special restricted licence is mandatory for the following:
- Your conviction was for impaired driving, driving while equal to or over the legal limit for alcohol or a combination of alcohol and drugs, or for failing to comply with a demand.
- You received a third roadside suspension within the last 10 years and it’s alcohol-related. (Note: If you received your first two roadside licence suspensions as a new driver, those count towards the number of offences as an experienced driver.)
The ignition interlock special restricted licence is voluntary for the following:
- You received a second roadside licence suspension as a new driver within the last 10 years.
- You received an indefinite roadside administrative suspension for an alcohol-related Criminal Code offence and you’ve served at least 90 days of your suspension.
The device must remain in the vehicle until the ignition interlock suspension period ends. You cannot wait out your suspension period.
Eligibility and program duration
The Ignition Interlock program is mandatory for certain impaired driving offences, the length of the mandatory term depends on how many prior offences the driver has in the past 10 years, and the type of impaired driving offence.
You’re not eligible for early reinstatement of your driving privileges by installing an ignition interlock device if you've been declared ineligible by a judge, your conviction is not alcohol-related, or because you’ve been convicted under the Criminal Code of Canada for any impaired driving offence causing bodily injury or death.
Special restricted driver’s licence
A restricted driver’s licence limits when and where you can drive. You may be granted a restricted licence if you demonstrate that:
- the licence suspension would cause you exceptional hardship
- allowing for a restricted licence would not be contrary to public interest
You’re eligible to apply to the Highway Traffic Board for a special restricted licence if the following applies to you:
- Your conviction is non-alcohol/drug related and you have served the entire court-ordered prohibition period and completed the required educational program.
- Your conviction is alcohol/drug related and you have completed the required educational program and your mandatory ignition interlock term, and still must serve the provincial suspension.
- You paid the $75 reinstatement fee.