Think you’re safe? What every Canadian needs to know about impaired driving
By: Sandra MacGregor on March 12, 2026
Updated: March 2026
QUICK TAKEAWAYS:
- Over 71,000 impaired driving incidents were reported in Canada in 2023, with alcohol-related fatalities rising 14% by 2025.
- Canada enforces strict BAC limits of 0.08% for fully licensed drivers, with zero tolerance for novice drivers and those under 21.
- Penalties include fines, license suspensions, mandatory education, and jail time, with Ontario introducing harsher roadside penalties in 2026.
- Driving while high is illegal, with a THC limit of two nanograms per milliliter of blood and zero tolerance for other drugs.
- Impaired driving charges lead to high-risk insurance status, higher premiums, and criminal records lasting up to 10 years or more.
Think you’re safe? Impaired driving remains a major threat on Canadian roads — and many drivers don’t realize how quickly they can cross the legal line. In 2023, police recorded 71,602 impaired driving incidents across Canada, still almost 200 a day despite long-term declines.
At the same time, impaired driving behaviours are worsening: in 2025, 9.2% of Canadians admitted to driving over the legal limit — a 56% increase from 2024 — and alcohol-related fatalities climbed by 14%.
Whether it involves alcohol, cannabis, or other drugs, impaired driving laws in Canada are strict, penalties are severe, and enforcement is increasing. Here’s what every Canadian needs to know to stay safe — and stay on the right side of the law.
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Allowable blood-alcohol levels
Canada has some of the toughest impaired driving standards in the world.
Most provinces have a zero-tolerance policy for novice drivers, including those in graduated licensing programs or drivers under 21.
How many drinks is that? As an average rule of thumb:
- For men of average weight and size, that roughly translates to four standard drinks (a standard drink generally equals 12 oz of beer, 5 oz of wine, or 1.5 oz of liquor) within two hours of driving.
- For women of average weight and size, that equals three standard drinks within two hours of driving.
However, these are only estimates. Your BAC can be influenced by many factors, including age, weight, gender, how much you’ve eaten, and the alcohol content of the beverage.
Many provinces impose even lower administrative BAC limits — known as “warn levels” or “warn ranges” — typically between 0.05% and 0.079%, at which drivers can face penalties such as short-term licence suspensions.
The only truly safe option is not to drink at all if you plan to drive.
Read more: What is dangerous driving, and how does it impact your car insurance rate?
What can you expect if you are pulled over and suspected of driving under the influence?
If you’re suspected of impaired driving, police can pull you over and require you to perform a mandatory breathalyzer test. If your test shows a BAC of 0.08 or higher, you may face fines, vehicle impoundment, mandatory educational programs, or even jail time. (See the Government of Canada’s impaired driving laws.)
New Ontario impaired-driving rules (effective January 1, 2026)
Ontario introduced tougher roadside penalties in 2026 that apply even before a court conviction:
- First-time alcohol or drug roadside suspensions now last 7 days (up from 3).
- Second roadside suspensions now last 14 days.
- Mandatory remedial education is now required after the first roadside suspension.
- Impaired driving causing death now results in an indefinite (lifetime) licence suspension in Ontario.
- Extended look-back periods mean earlier alcohol- and drug-related incidents stay relevant longer when determining penalties.
First offense
- BAC of 80–119 mg: Minimum fine of $1,000.
- BAC of 120–159 mg: Minimum fine of $1,500.
- BAC of 160 mg or more or refusal to provide a breath sample: Minimum fine of $2,000.
Repeat offenders
- A second offense comes with a mandatory minimum of 30 days in jail.
- A third offense leads to a mandatory minimum of 120 days in jail.
- Both first-time and repeat offenders face a maximum penalty of up to 10 years imprisonment.
Additional consequences
If impaired driving leads to injury, penalties increase to up to 14 years in jail. Should it result in death, the offender may face life imprisonment.
Provincial variations
Specific penalties also depend on where you live. For example:
- Alberta: Immediate 90-day license suspension and a $1,000 fine.
- British Columbia: BAC above 0.05 results in a three-day license seizure, car impoundment, a fine, and a license reinstatement application.
The laws are strict for a reason — to deter impaired driving and protect lives. The best way to avoid these penalties is to always find a safe alternative to driving if you’ve been drinking or using drugs.
Is driving while high legal?
Despite some drugs like cannabis being legal in Canada, you are not allowed to drive while high. Like alcohol, using psychoactive drugs (which can include cannabis, LSD, cocaine, opiates, and others) can negatively affect your driving ability and could lead to a charge of impaired driving.
The legal limit for cannabis-impaired driving is two nanograms of THC or more per milliliter of blood within two hours of driving.
For other illicit drugs, any detectable amount of the drug within two hours of driving can lead to a formal charge.
What does an impaired charge do to your driving record?
Whether from alcohol or drug use, an impaired driving charge will remain on your driving record for at least three years in Canada. However, you could also be subject to criminal charges, which could stay on your criminal record for anywhere from 10 years (in Ontario) to indefinitely depending on the charges.
This charge can make it harder to travel outside of the country and find a job because the offense will show up on employer background checks.
In some cases, you may be able to apply for a record suspension (also known as a pardon) after a minimum period of time to have the charge removed from your criminal record.
How does an impaired driving charge impact your insurance?
An impaired-driving conviction in Canada immediately pushes you into high-risk driver status, which means much higher premiums and, in some cases, difficulty finding coverage. Depending on the severity of the charges, you could be denied insurance altogether.
In public-insurance provinces, the consequences are even clearer:
- Manitoba: Impaired drivers involved in a collision can be denied third-party liability coverage and must repay MPI for damages they cause. Impaired driving also moves you down the Driver Safety Rating scale, triggering substantially higher annual premiums.
- British Columbia: ICBC applies Driver Risk Premiums — extra annual charges added on top of normal insurance — for Criminal Code convictions like impaired driving. These surcharges can apply for multiple years.
The penalties for impaired driving, from fines and license suspensions to potential imprisonment, are designed to act as a strong deterrent.
To avoid these severe consequences, always choose a safe alternative if you plan to drink or use substances. Opt for a rideshare, taxi, or designated driver. By doing so, you’re protecting not only yourself but everyone around you.
Read next: This is how traffic tickets affect your insurance rate in Ontario
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