Ontario DUI Charges
Remember Drinking and Driving? New Rules Won’t Let You Forget
The federal government has been hard at work strengthening the rules and charges around drunk driving, and is set to roll out some new tools on that front in an apparent follow-up to cannabis legalization, as if telling Canadians, “No, that’s still not OK either.”
- Canada DUI Penalties
- Ontario DUI Penalties
- Drunk driving is not just in your blood
- New drivers and young drivers
- New DUI penalties and charges
Here’s a look at the rules for driving under the influence of plain old alcohol in the province of Ontario, as of December 18, 2018:
1. Federal DUI Penalties
If you recognize the penalties in this section, it may be because the penalties for driving under the influence of cannabis were harmonized with existing drunk driving laws and many of the penalties are the same. Regardless, they bear repeating:
| Alcohol per 100 ml of blood | Min Penalty | Max Penalty | |
|---|---|---|---|
| 1st DUI offence | 80-119 mg | $1,000 fine | 10 yrs prison |
| 120-159 mg | $1,500 fine | 10 yrs prison | |
| 160+ mg | $2,000 fine | 10 yrs prison | |
| 2nd DUI offence | 80+ mg | 30 days jail | 10 yrs prison |
| 3rd DUI offence | 80+ mg | 120 days jail | 10 yrs prison | DUI Causing harm | – | Same as above | 14 yrs prison | DUI Causing death | – | Same as above | Life in prison |
And if you thought you could get away with drinking just a little beer, smoking just a little weed, then driving, federal law now has a combination limit that can hit you with similar charges to those above if you have both cannabis and alcohol in your blood.
2. Ontario DUI Penalties
In addition to federal penalties under the Criminal Code, provinces also have charges for drinking and driving. Here are the penalties that apply to drivers in Ontario as of January 2019. Again, these penalties are harmonized with those created for driving under the influence of cannabis.
A) Roadside Penalties
The following penalties apply on the spot, without a conviction, and cannot be appealed:
| Alcohol per 100 ml of blood | Penalty | |
|---|---|---|
| 50 mg | 1st DUI offence |
|
| 2nd DUI offence |
| |
| 3rd DUI offence |
| |
| 80+ mg (on the spot, without a conviction | 1st DUI offence |
|
| 2nd DUI offence |
| |
| 3rd DUI offence |
| |
B) If You Are Convicted
If you are convicted of driving with more than 80 mg of alcohol per 100 ml of blood, the following penalties apply (in addition to federal penalties):
| Alcohol per 100 ml of blood | Penalty | |
|---|---|---|
| 80+ mg | 1st DUI offence |
|
| 2nd DUI offence |
| |
| 3rd DUI offence |
| |
3. Drunk Driving is Not Just in Your Blood
The penalties above are based on failing a blood test. But refusing to take a blood test, or a sobriety test, or a breathalyzer, are all subject to similar penalties. Nice try.
4. New Drivers and Young Drivers
Drivers who are 21 or younger, on a learner’s permit or driving a commercial vehicle are subject to zero tolerance, meaning that the above penalties may apply even if a trace amount of alcohol is found in their system.
5. New DUI Penalties & Charges
As of December 18, 2018, the federal penalties above come into effect, raising the maximum sentence for a simple drunk driving conviction (not causing harm or death) from 5 years in prison to 10. At the same time, federal law will make it more difficult for drunk drivers to avoid getting caught, and getting convicted, thanks to the following new rules:
- Police can now ask you to take a breathalyzer without needing a reason to suspect you are drunk.
- The legal limits for blood alcohol now apply within two hours of driving, eliminating a loophole some drunk drivers use to get off.
- You can no longer defend yourself by saying you drank between when you drove and when you were tested (which seems like a pretty crazy defence, but it’s been used…)
- Rules are also being clarified about what information the prosecution has to give the defence in a drunk driving case. More loopholes, closed.
Ontario rules have not changed much, but the roadside fines all increase as of January 2019.
The moral of the story? Take a cab, take an Uber, take the subway, but don’t drive drunk. It will cost you.
Disclaimer: The information above is for general purposes and does not constitute legal advice. Be sure to check with the Ontario Ministry of Transportation and the Government of Canada for up to date information on the use of alcohol while driving.
Want to add to this story? Let us know in comments below! Mitchell & Whale is a fast-growing insurance brokerage in Ontario, striving to make insurance _not suck_ one customer at a time. Give us a call today to discuss any of your insurance needs at 1.800.731.2228.
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2 Comments
That is really useful info… thanks! Good to see the federal penalties are increasing including mandatory jail time for 2nd offence! Steep but will hopefully make a difference.
Perhaps most interesting is that Police have rights to breathalyze without suspicion. For me, this could make the biggest difference and I think they should automatically breathalyze in any stop. For example, if caught speeding, you should automatically be breathalyzed… this will make people recognize there’s a much greater chance of getting caught.
And then what? CRA searches everyone’s bank accounts? The police do house checks once a year? We are responsible for ourselves and most live good lives. Allowing a police state to conduct searches at any time in not required or reasonable.
In the case of drunk drving, it’s especiallly unnecessary and tragic. And seems to occur a lot. But is not enough to continue to erode civil liberties – we should focus on deaths of homeless people or natives, if we are so concerned.