A Deep Dive Into Canada’s DUI Laws: What You Need to Know

Driving Under Influence is a serious charge and implies that your abilities and judgement have been seriously impacted by the presence of alcohol, THC, or prescription medications in your blood stream.

DUI laws are there not only to ensure the safety of the driver but also the public. However, with more cars than ever on the road, there is an increase in the number of DUI incidents. Canada implements strict checks and penalties where DUIs come in.

Let’s take a look at what constitutes DUI and all that you need to know on associated laws, legal limits, and how to respond to a DUI charge.

What is a DUI in Canada?

Under Canadian Law, an offense falls under driving under the influence (DUI) if the driver in question is operating a motor vehicle of any form while their driving abilities and judgement are impaired due to the influence of alcohol or drugs. They can also be charged with a DUI if their blood alcohol level is higher than the legal limit of 0.08% or if they refuse the breathalyser or blood test.

While alcohol is the most commonly known substance that causes a DUI, certain other substances that cause a DUI are narcotic drugs, cannabis, and certain prescribed medications.

Driving under the influence often leads to dangerous driving and impaired driving. While they overlap, one is different from the other. In impaired driving, the driver’s ability to operate the vehicle is impaired by alcohol, cannabis, or other drugs. In dangerous driving, the driver completely deviates from the behaviour of a prudent driver, posing risk to others with negligent and often reckless behaviour.

Legal BAC Limits and Testing Methods

In Canada, the legal BAC limit is set at 0.08% for most drivers. However, the rules differ for young, probationary, and commercial drivers. To ensure road safety and impress on the importance of responsible driving, BAC limits for them are set at zero.

Legal BAC Limits in Canada by Driver Type

A tabulated list of legal BAC limits set for different types of drivers is as follows:

Table 1: Legal BAC limits

Common Sobriety Tests in Canada

If suspected of a DUI, the law enforcement authorities may ask you to perform one or more tests which include breathalyzer, blood, and saliva tests. These are designed to check if you are truly driving under the influence, and if so, the extent of the violation.

Failing the administered Standardized Field Sobriety Test (SFST) may lead to an arrest, a suspension of your license, and fines. Further, you will be charged if you refuse to comply with the testing.

The usual tests conducted when suspected of a DUI are:

Table 2: Sobriety Tests and Their Description

Penalties for DUI Offenders: Can You go to Jail for DUI in Canada

Often, the penalty for DUI in Canada is decided not just on the severity of the charges but also on whether it’s a first, second, and subsequent offense. Further, charges usually differ as criminal charges and provincial penalties. Jail time is a possibility based on the seriousness of the action and the offense number.

Usually these include fines, license suspensions, mandatory alcohol education programs, installation of ignition interlock devices on the vehicle, vehicle impoundment, and even jail time.

Further, having a DUI on your record can impact the insurance premiums on your future vehicles and ability to get an employment that requires you to drive.

BAC Range and Corresponding Penalties (Alcohol)

As per the BAC range, the penalties for a DUI in Canada are as follows:

Table 3: BAC range and their penalty

Tabulated List of Possible Penalties as Per Offense Number

Further, if you have a prior DUI criminal record in Canada those will count as your prior offenses. Based on your offense number, possible penalties can be:

Table 4: Penalties for DUI s per offense number

DUI Laws and Cannabis Legalization

In addition to alcohol, Cannabis also falls under the purview of driving under influence. Further, cannabis impairment differs from alcohol impairment. Alcohol impacts judgement, reaction time, and motor coordination, while cannabis affects attention and spatial perception.

Though cannabis has been legalized in Canada in 2018 for recreational use, strict limits are set on THC blood concentrations. As per federal legislation the limit is set at 2 ng/mL. Enforcement tools for cannabis include roadside saliva drug tests and drug recognition experts.

DUI Penalties Involving Impairment by Cannabis or Combined Substance Use

Based on THC blood levels, DUI penalties for cannabis include:

Table 5: Penalties for DUI involving Cannabis as per substance detected

Recent Amendments and Future Changes to DUI Laws

In 2018, the Canadian government empowered the police with Mandatory Alcohol Screening (MAS), allowing breath tests without suspicion. Further, the police have been instructed to conduct Standardized Field Sobriety Tests (SFSTs), oral fluid testing, breathalyser, and take help of Drug Recognition Experts (DREs) for drug impairment.

Technological improvements have also been made in terms of sobriety checkpoints and automated roadside screening. Certain provinces like Alberta, Ontario, and Quebec have strict ignition interlock programs. Additionally, the government is trying to raise awareness on cannabis-impaired driving risks.

DUI record suspension in Canada is a rare possibility due to the introduction of strict laws and standards. Future reforms may expand ignition interlock requirements and increase penalties for BAC and THC blood levels.

License Suspension Duration Based on Convictions (Federal and Provincial)

Presently DUI record for license suspension and conviction in Canada as per federal and provincial laws are as follows:

Table 6: License Suspension for DUI based on convictions

How to Handle a DUI Charge

Wondering how to beat a DUI charge in Canada? Know that If you get stopped for a sobriety test and charged with a DUI, it is important that you understand the charges, and comply with the police. Resisting the test or the arrest will lead to additional charges.

You may fight the charges on the basis of procedural errors, faulty breathalyser, and lack of reasonable doubt. You may also enter a plea deal to ensure reduced charges.

What to do after a DUI arrest

If arrested, you have the right to remain silent and seek legal representation. Use both. Exercise the right to remain silent if arrested since any statements made will be on record and can be used against you. Get in touch with a lawyer with experience in DUI cases and appoint them to work on your case.

Gather information about your arrest, such as the location, time, circumstances, who the arresting officer was, their badge number, charges listed, and results of the sobriety tests administered. Ask for full disclosure from the prosecutor within 30 days of your arrest.

If you get a bail pending trial, comply with the terms set to avoid further penalties and legal complications. Prep for your court appearance with help from your lawyer. You may also look into plea deals and alternative resolutions.

How long does a DUI stay on your record in Canada?

A DUI criminal record in Canada will stay forever. Unless extraordinary circumstances are proved, the record of arrest and penalty served will be made a part of your permanent record.

Once the duration of your penalty is over, it is time to get your license reinstated. Be sure to adhere to the rules and avoid DUIs in the future.

Prevention and Public Awareness

Drivers are not only responsible for their own safety, but that of the passengers, those cars around them, and pedestrians. Thus, it is important to drink responsible and not drive if you have been partaking in alcohol and cannabis.

There are resources and community programs to reduce DUI incidents. Further, it is important to seek help if you are engaging in alcohol dependent behaviour.

Technology like ignition interlock devices have done well to add a layer of safety by preventing DUIs. Further, it is the responsibility of the people to educate themselves about the dangers of a DUI. Offenders may also reach out support networks to address the root cause which led to the DUI.

Wrapping Up

When it comes to driving, road safety rules are of utmost importance. Thus, it is important to be aware of the consequences of a DUI and ensure compliance whenever you are behind the wheel, not only for your safety but for that of others.

Drive Responsibly and Stay Informed of DUI Laws

Are you a new driver or one getting their license reinstated? Drive sober, stay safe, and know your rights. And be sure to contact a lawyer if you have been charged with a DUI.