Impaired driving is one of the leading causes of serious road crashes in Canada, and Ontario’s penalties are some of the toughest in the country. If you are stopped and police suspect you are impaired, you can lose your licence on the spot, have your vehicle impounded and pay hundreds of dollars before any court date. A conviction adds fines, possible jail time and a criminal record. This guide explains every penalty for drivers in Hamilton and across Ontario. To check the BAC limits themselves, see our guide to the legal alcohol limit in Ontario.
What is impaired driving?
Impaired driving means operating a vehicle while your ability to drive is affected by alcohol or drugs. That includes cannabis, illegal drugs, and prescription or over-the-counter medication that affects your driving. The law covers cars, trucks, buses, boats, off-road vehicles and snowmobiles.
The penalties come in two layers
- Roadside penalties (Highway Traffic Act): immediate and administrative. They apply the moment you are stopped, with no court involved.
- Criminal Code penalties: apply if you are charged and convicted in court. They are on top of the roadside penalties.
1. Roadside Penalties in Ontario (Highway Traffic Act)
These apply immediately when you are stopped, even if you are never charged with a crime. You also pay a licence reinstatement fee every time your licence is suspended.
Warn range (BAC 0.05 to 0.079, or failing a Standard Field Sobriety Test)
| Occurrence | Licence suspension | Program | Other | Penalty |
|---|---|---|---|---|
| 1st | 7 days | 8-hour education course | $250 | |
| 2nd | 14 days | 16-hour treatment program | $350 | |
| 3rd | 30 days | 16-hour treatment program | Ignition interlock for 6 months | $450 |
BAC of 0.08 or higher, or refusing a breath or drug test
Refusing a lawful demand for a sample, or failing a Drug Recognition Expert evaluation, carries the same penalties as a reading of 0.08 or higher. Every occurrence brings a 90-day licence suspension and a 7-day vehicle impound.
| Occurrence | Program | Other | Penalty |
|---|---|---|---|
| 1st | 8-hour education course | $550 | |
| 2nd | 16-hour treatment program | $550 | |
| 3rd | 16-hour treatment program | Ignition interlock for 6 months | $550 |
Novice drivers (G1, G2, M1, M2) and drivers under 21
These drivers cannot have any alcohol or drugs in their system. They face the penalties above, plus the following if they have any alcohol or drugs in their system:
| Occurrence | Licence suspension | Program | Fine if convicted | Penalty |
|---|---|---|---|---|
| 1st | 7 days | 8-hour education course | $60 to $1,000 | $250 |
| 2nd | 14 days | 16-hour treatment program | $60 to $1,000 | $350 |
| 3rd | 30 days | 16-hour treatment program, plus ignition interlock for 6 months | $60 to $1,000 | $450 |
If you are convicted, your licence can also be suspended for a further 30 or 90 days, or cancelled, depending on your age and licence class.
Commercial vehicle drivers
Truck and bus drivers cannot have any alcohol or drugs in their system. They face the general impaired driving penalties above, plus:
| Occurrence | Licence suspension | Program | Other | Penalty |
|---|---|---|---|---|
| 1st | 3 days | 8-hour education course | $250 | |
| 2nd | 3 days | 16-hour treatment program | $350 | |
| 3rd | 3 days | 16-hour treatment program | Ignition interlock for 6 months | $450 |
2. Penalties If You Are Convicted (Criminal Code)
If you are charged and found guilty in court, you face federal penalties on top of the roadside penalties above. Impaired driving is a hybrid offence, so the Crown can proceed by indictment, with a maximum of 10 years in prison.
Court penalties (mandatory minimums)
| Conviction | Minimum penalty |
|---|---|
| 1st | Fine of at least $1,000. The minimum rises to $1,500 if your BAC was 120 to 159 mg per 100 mL, and $2,000 at 160 mg or more |
| 2nd | At least 30 days in jail |
| 3rd and each later conviction | At least 120 days in jail |
| Refusing a breath or drug test (1st) | Fine of at least $2,000 |
A court can also order a longer driving prohibition and higher penalties, especially if the offence caused injury or death.
Licence suspension and ignition interlock after conviction (Ontario)
Ontario adds its own penalties after a conviction. Some of these changed on July 1, 2026.
| Conviction (within 10 years) | Licence suspension | Program | Ignition interlock | After that |
|---|---|---|---|---|
| 1st | At least 1 year | Mandatory education or treatment | At least 1 year | Zero-alcohol “P” condition for at least 6 months |
| 2nd | At least 3 years | Mandatory education or treatment | At least 3 years | “P” condition for at least 6 months |
| 3rd | Lifetime, may be reduced after 10 years if conditions are met | Mandatory program and medical evaluation | At least 6 years | “P” condition for at least 6 months |
| 4th | Lifetime, with no possibility of reduction | |||
| Impaired driving causing death | Lifetime, may be reduced after 25 years if conditions are met | Mandatory program and medical evaluation | At least 6 years | “P” condition for at least 6 months |
What the “P” condition means
A “P” condition on your licence means zero alcohol and zero drugs while driving. It stays on your licence until you finish the program requirements and complete 6 consecutive months with no violations. Breaking it brings a 7-day suspension for a first violation, 14 days for a second and 30 days for a third, along with the $250, $350 and $450 penalties.
Ignition interlock
An ignition interlock is a breath-test device wired into your vehicle’s ignition. You must blow into it before the engine will start, and again at intervals while driving. In some cases, installing an interlock early can shorten your suspension. You pay for the device and its fees.
3. Other Consequences, Testing and Drug-Impaired Driving
Other consequences of impaired driving
- Criminal record: a conviction can affect your job, volunteering and travel plans.
- Higher insurance: an impaired driving charge or conviction can cause your insurance premiums to rise significantly, and some insurers may refuse to renew your policy.
- Vehicle impound: your vehicle is held for 7 days at 0.08 or above, or if you refuse a test, and you pay the towing and storage costs.
- Prison time: possible on any conviction, and mandatory from the second.
How police test for impaired driving
- Roadside screening device: a quick breath test for alcohol.
- Standard Field Sobriety Test (SFST): physical coordination tests, such as walking in a line and following an object with your eyes, used when an officer suspects alcohol or drugs.
- Drug Recognition Expert (DRE) evaluation: if drug impairment is suspected, a specially trained officer carries out a 12-step evaluation after an arrest. It covers a breath alcohol test, an interview with the arresting officer, eye and coordination tests, vital signs, muscle tone, a check for injection sites, the officer’s opinion and a toxicology test.
- Oral fluid screening: a saliva test used to detect recent cannabis and some other drugs.
Refusing a lawful demand for a breath or fluid sample carries the same immediate penalties as failing the test.
How alcohol affects your driving
Impairment starts well before you reach the legal limit. The effects below are general guides and vary from person to person.
| BAC | Typical effects on driving |
|---|---|
| 0.02 | Slight loss of judgment, relaxation, altered mood, reduced visual function, and difficulty doing two things at once |
| 0.05 | Exaggerated behaviour, less control of small movements, lowered alertness, reduced coordination, difficulty steering, and slower reaction to emergencies |
| 0.08 | Impaired muscle coordination, judgment, self-control and memory, with poorer concentration, speed control and perception |
| 0.10 | Clear loss of reaction time and control, slowed thinking, and unreliable judgment of distance and speed |
| 0.15 | Major loss of muscle control, vomiting and loss of balance, with serious impairment of vehicle control and attention |
Driving impaired by drugs
Alcohol is not the only substance that makes driving dangerous. Cannabis, illegal drugs and some prescription and over-the-counter medications can also impair your driving, and driving while impaired by any drug is a criminal offence in Canada. Some medications, such as opioids and benzodiazepines, can make you drowsy. Check the label, ask your pharmacist whether it is safe to drive, and do not drive if you feel affected.
4. Prevention, FAQs and Call to Action
How to avoid impaired driving
- Plan your ride home before you start drinking.
- Choose a designated driver who will not drink at all.
- Use a taxi, rideshare or public transit, or stay the night.
- Never get in a car with a driver who has been drinking.
- If you are a G1, G2 or commercial driver, remember the limit is zero.
- If you are not sure you are sober, do not drive.
- Learn more and find support through MADD Canada.
FAQs
What are the penalties for impaired driving in Ontario?
At the roadside, penalties range from a 7-day licence suspension and $250 penalty (warn range, first time) to a 90-day suspension, 7-day vehicle impound and $550 penalty (0.08 or above, or refusing a test). A conviction adds a minimum $1,000 fine, at least a 1-year licence suspension and at least 1 year with an ignition interlock.
What happens if you are convicted of impaired driving for the first time?
The minimum Criminal Code penalty is a $1,000 fine, higher at a higher BAC. In Ontario you also face a licence suspension of at least 1 year, a mandatory education or treatment program, at least 1 year with an ignition interlock, and a criminal record. Jail is possible but not mandatory on a first conviction.
Is jail time mandatory for a second impaired driving conviction?
Yes. A second conviction carries a minimum of 30 days in jail. A third or later conviction carries a minimum of 120 days.
What does impaired mean in a car?
Impaired driving means operating a vehicle while your ability to drive is affected by alcohol or drugs. That includes cannabis, illegal drugs, and prescription or over-the-counter medication.
What is the penalty for refusing a breath test in Ontario?
Refusing a lawful demand carries the same roadside penalties as a reading of 0.08 or higher: a 90-day suspension, 7-day vehicle impound and $550 penalty. It is also a separate criminal offence with a minimum $2,000 fine for a first offence.
Is a lifetime licence suspension possible in Ontario?
Yes. A third conviction within 10 years brings a lifetime suspension, which may be reduced after 10 years if conditions are met. A fourth conviction within 10 years brings a lifetime suspension with no possibility of reduction.
Learn to drive safely with G-Class Drivers
Understanding Ontario’s impaired driving penalties is essential for every driver. Our MTO-approved driving courses teach new and experienced drivers in Hamilton, Burlington and Milton the safety habits that keep them and others safe. See also the legal alcohol limit in Ontario and the dangers of drinking while driving. Register today or call +1 (905) 777-1112.0
