There are really two different costs of impaired driving in Ontario. First is the cost to a driver who is convicted of impaired driving. While we’ll get into more detail later, drivers can pay for an impaired conviction for the rest of their lives. The second cost of impaired driving is the cost to society. Let’s look at the second cost first
- Almost 30 people were killed by impaired drivers in Ontario in 2019
- Kills the second most people of all criminals offences causing death, after homicide
- Over 1,200 people were injured by impaired drivers in Ontario in 2019
- MADD estimates that the financial costs of impaired driving, including fatalities, injuries, property damage, traffic delays, out-of-pocket expenses, hospital/health costs and police, fire and ambulance costs, was is over $20 Billion
What is Impaired Driving?
According to the Criminal Code of Canada, impaired driving offences are as follows:
320.14 (1) Everyone commits an offence who
(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 ml of blood;
(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drugs that are prescribed by regulation for instances where alcohol and that drug are combined.
320.15 (1) Everyone commits an offence who, knowing that demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28 (sections on screening for alcohol or drugs).
Each of these sections is followed by subsections (2) and (3), which create the aggravated offences that involve bodily harm (2) or death (3). Subsection (4) of section 320.14 also creates the offence of “Operation – low blood drug concentration:”
(4) Subject to subsection (6), everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation but is less than the concentration prescribed for the purposes of paragraph (1)(c).
What are the Penalties for Impaired Driving
The costs of impaired driving for drivers convicted of the offence are generally set out by each province or territory. According to the Government of Ontario, the penalties for impaired driving are as follows:
Immediate Penalties
Penalties for a BAC in the Warn Range, Failing a Standardized Field Sobriety Test or Violating Zero Tolerance
If your blood alcohol concentration is 0.05 or higher, you fail a roadside sobriety test or you violate the zero-tolerance requirements for young, novice and commercial drivers that begin on July 1, you will face:
First offence
- 3-day licence suspension. You can’t appeal this decision.
- $250 penalty
Second offence within 5 years
- 7-day licence suspension (3-day suspension for commercial drivers). You can’t appeal this decision.
- $350 penalty
- You must attend a mandatory education program (for a second occurrence within 10 years)
Third and subsequent offences within 5 years
- 30-day licence suspension (3-day suspension for commercial drivers). You can’t appeal this decision.
- $450 penalty
- Must attend a mandatory treatment program (for a third and subsequent offence within 10 years)
- Will need to use an ignition interlock device for at least six months (for a third and subsequent offence within 10 years.
- Will need to undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario (for a fourth and subsequent offence within 10 years).
In addition to the penalties above, you will also face a $281 licence reinstatement fee each time your licence is suspended. Young or novice drivers may also be charged under the Highway Traffic Act and if convicted, you will face an additional suspension and fine.
Penalties for a BAC Over the Legal Limit, Refuse Testing or Impairment
If you refuse to take a drug or alcohol test, you register a BAC over 0.08 or if a drug recognition evaluator determines that you are impaired, you will face:
- 90-day licence suspension
- 7-day vehicle impoundment
- $550 penalty
- $281 licence reinstatement fee
- You must attend a mandatory education or treatment program (for second and subsequent occurrences within 10 years)
- You will need to use an ignition interlock device for at least 6 months (for third and subsequent occurrences within 10 years)
The Highest Financial Cost of Impaired Driving in Ontario?
None of these penalties reflects the effect an impaired driving conviction can have on your car insurance rates. As a criminal conviction, your car insurance rates can increase 100% or more for many years following conviction.
Have You Been Charged with Impaired Driving?
The serious implications and costs of a conviction make it crucial to take every step to protect your legal rights.
The experienced team of former police officers, defense lawyers and paralegals at X-Copper understand law enforcement and court procedures. They are ready to defend your rights against charges of impaired driving and get the best possible results.
If you enjoyed this post, check out our recent article “What To Do If You Have An Expired Driver’s License“.
