Impaired driving

Impaired drivers with a blood alcohol content (BAC) of 0.05 or greater or who perform poorly on a Standard Field Sobriety Test (SFST) are subject to mandatory short-term licence suspension, vehicle impoundment and fees.

These rules also allow peace officers to give drivers who have a BAC of 0.08 or more (or who refuse a roadside screening test) an immediate roadside suspension or charge them under the Criminal Code.

Administrative penalties are the ones enforced under the Motor Vehicle Act rather than the Criminal Code.

The immediate roadside suspension (IRS) program includes a three-month licence suspension, 12-month mandatory ignition interlock, impaired driver re-education course and other fines and fees. 

Any time a driver is found with a blood alcohol content equal to or above 0.08, their licence is suspended for three months, whether it’s through the administrative route (IRS) or through the criminal charge route. Using the administrative route allows the mandatory vehicle ignition interlock program, impaired driver re-education course and fines and fees to start immediately after the three-month suspension.

Peace officers can choose to take the administrative or criminal route. The administrative route is not an option for drivers who cause serious bodily harm or death or who have a passenger under the age of 16 in the vehicle.

For both the immediate roadside suspension program and short-term licence suspension, penalties increase for each suspension and are noted on the driving record.

Impaired driving includes driving under the influence of alcohol and drugs. Driving while under the influence of drugs is illegal under the Motor Vehicle Act. The new rules impact driving under the influence of alcohol as they focus on blood alcohol content, but they also apply to a combination of alcohol and drug impaired driving.

Drivers found with a blood alcohol concentration of 0.05 or greater or who perform poorly on a Standard Field Sobriety Test will be issued a seven-day driver’s licence suspension. The peace officer will take possession of the driver’s licence and advise the driver that their licence is suspended for seven days.  Multiple offences over a five-year period will mean escalating suspension periods, impoundments and reinstatement requirements. 

Short-term licence suspensions are recorded on driving records. 

First offence within five years: seven-day suspension   
Second offence within five years: 15-day suspension   
Third or more offence within five years: 30-day suspension, an increased licence re-instatement fee of $230 and participation in an impaired driver re-education course. The driver may also be eligible for the voluntary interlock program.

Drivers issued a short-term suspension (impaired drivers with a BAC of 0.05 or greater, or who perform poorly on a Standard Field Sobriety Test) will: 

• have their vehicle impounded for three to seven days at the owner’s expense 
• pay an administrative penalty ($240 to $480) 
• pay a reinstatement fee ($52 or $230) 
• possibly be required to complete an impaired driver re-education course ($380) 

Anyone driving impaired can have their vehicle impounded. The impoundment program applies to short-term licence suspensions, Criminal Code of Canada impaired driving cases and immediate roadside suspension. There is a mandatory seven-day vehicle impoundment period for novice drivers who violate the zero tolerance rule.

For drivers issued a short-term licence suspension, vehicles will be impounded for: 

First offence within five years: three days  
Second offence within five years: seven days  
Third or more offence within five years: seven days

A three-month licence suspension is issued at roadside for drivers found with a BAC of 0.08 or above, or who refuse to comply with a demand. Drivers will also be required to surrender their driver's licence.  

Drivers issued suspensions under the IRS program (impaired drivers with a BAC equal to or above 0.08 or who refuse to comply with a demand) will: 

• have their vehicle impounded for 30 or 60 days at the owner’s expense 
• complete the impaired driver re-education course ($380 or $690) 
• pay a licence re-instatement fee ($230) 
• pay a motor vehicle penalty ($1,200 to $2400) 
• have the ignition interlock device installed in a vehicle for the minimum mandatory period at the driver’s expense 

For drivers impaired over the legal limit or who refuse to comply with a demand, vehicles will be impounded for:  

First suspension within 10 years: 30 days  
Second suspension or conviction within 10 years: 60 days 

Driving re-education courses are required for anyone who has had their licence suspended for 30 days or more for impaired driving. 

There are two course options available depending on the suspension:  

• one relevant suspension in a 10-year period (course fee - $380) 
• two or more relevant suspensions in a 10-year period (course fee - $690) 

Police officers have discretion under the Motor Vehicle Act to suspend a driver’s licence if they have concerns about the safety of the driver and others who share the road.  

A police officer who has reasonable grounds to believe that a driver of a motor vehicle is unfit to drive the motor vehicle safely for a medical or other reason may require the driver to stop their motor vehicle to determining whether or not there is evidence to justify that belief.  

If a police officer believes that a driver is unfit to drive a motor vehicle safely for a medical or other reason, the police officer may request the driver to surrender their licence and suspend their driving privilege.

A driver can appeal a suspension by applying for a review. The grounds for consideration of an appeal are found on the application form (PDF 78 KB).  

The application for review applies only to roadside suspensions of seven days or more and does not apply to 24-hour suspensions.

The driver may file an appeal with the Registrar of Motor Vehicles within 15 days of the start date of roadside suspension. An application form, along with the prescribed fees ($64 for a written request only and $100 for an oral or virtual hearing) must be submitted. The applicant is responsible for providing supporting information or documentation that may be requested by the Registrar. Sworn statements, or other evidence the applicant would like the Registrar to consider, may accompany the application. The application for a review process will not stop the suspension.

If evidence before the Registrar supports that there should have been no suspension, the Registrar is required to revoke the Order of Suspension or disqualification, re-issue any licence that would have been surrendered and ensure that all fees for the appeal are refunded to the applicant.