Drinking and Driving Penalties

Offence

Highway Traffic Act

Criminal Code

First

  • 1 year licence suspension*
  • Remedial measures requirement
  • 1 year ignition interlock condition upon reinstatement**
  • 1 year driving prohibition
  • $600 fine

Second

  • 3 year licence suspension*
  • Remedial measures requirement
  • 3 years ignition interlock condition upon reinstatement**
  • 2 year driving prohibition
  • 14 day jail sentence

Third

  • Lifetime licence suspension*
  • (Reducible to ten years if certain conditions are met)
  • Ignition interlock condition for life if suspension reduced**
  • 3 year driving prohibition
  • 90 day jail sentence

Fourth and subsequent

  • Lifetime licence suspension *
  • Same as third offence

*Drivers who are caught driving while their licence is suspended for a Criminal Code conviction will have the vehicle they are driving impounded and face fines of $5,000 to $50,000.

**As of December 23, 2001 any driver who commits and is subsequently convicted of a drinking driving offence will, upon reinstatement, have a mandatory ignition interlock condition placed on his/her driverís licence. This means that, after reinstatement, if the individual wishes to drive it must be in a vehicle that is equipped with an approved ignition interlock device.

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