Ask A Lawyer – What are the penalties for impaired driving?

Impaired driving is a serious offense. In December 2018, the Canadian Government passed new laws concerning driving while impaired, commonly known as DUI (driving under the influence). The amendments to the Criminal Code of Canada include new offences and new minimum sentences for driving under the influence. The prohibited blood alcohol concentration is 80 milligrams (or more) of alcohol per 100 millilitres of blood. Upon conviction for a first offence the minimum sentence will have a fine in the range of $1,000.00 to $2,000.00 dependent upon the blood alcohol concentration (BAC). If convicted of refusing the demand for a breath test, the mandatory minimum fine is $2000.00. The Courts may levy higher fines in certain circumstances, or in circumstances where there is a combined use of marijuana and alcohol. The Court could prohibit driving privileges, which minimum order is for one (1) year and no more than three (3) years.

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