Which Laws Govern DUI and Impaired Driving in Ontario?
In Ontario, DUI offenses fall under both federal and provincial statutes. The two sets of laws perform distinct functions, hence the reason why there is always more than one type of punishment for the same driving incident.
Impaired driving offenses and other related crimes are established in the Criminal Code of Canada, while Ontario’s Highway Traffic Act covers driver licensing, blood alcohol prohibitions, and provincial driving offenses.
The key federal provisions are located in Part VIII.1 of the Criminal Code, sections 320.11 to 320.15.
The section that covers operating a conveyance in an impaired condition by alcohol, drugs, or both is 320.14. It also creates offenses involving blood concentration of alcohol or drugs above a prescribed limit. 320.15 deals with failure or refusal to comply with police requests for tests.
In addition to the Criminal Code of Canada, the Highway Traffic Act of Ontario imposes further restrictions. For instance, a person whose BAC is in the warn range will not be charged with a criminal offense, but will suffer administrative punishments.
This is significant since the criminal laws and provincial laws have different levels of thresholds.
It is possible for a driver to contravene the zero alcohol rule of Ontario but not the prohibited level under the Criminal Code. At the same time, one can be charged with criminal impaired driving without having a blood alcohol content that exceeds 0.08.
The federal laws are applicable in Canada while the Ontario laws are applicable in Ontario only.
Someone who does not know about this difference in legislation may confuse the nature of the DUI charge he or she faces. A criminal defence lawyer can help identify the criminal and provincial issues involved.
What Constitutes an Impaired Driving Offence Under the Criminal Code?
Impaired driving offences have been defined by the Criminal Code in several different ways. One does not have to be obviously intoxicated or even have been involved in an accident to be found guilty of such an offence.
Impairment, prohibited blood concentration, and non-compliance with testing requirements are all separate issues under the law.
Driving While Impaired by Alcohol
Under section 320.14(1)(a), it is an offence for a person to be operating a conveyance if their ability to operate the conveyance has been affected by alcohol in any way.
This shows that it is not necessary for the prosecutor to prove that the blood alcohol level of the driver was at 0.08.
Alcohol affects the ability to drive in terms of the attention, reaction, judgment and ability to respond to change in road conditions.
In the Criminal Code, there is a different blood alcohol level offence under section 320.14(1)(b).
With a statutory exception, this offence is committed where a person’s blood alcohol concentration is 80 mg of alcohol in 100ml of blood within two hours of ceasing to operate a conveyance.
This is referred to as “over-80” offence.
Take the case of a driver with a BAC level of 0.06 but whose coordination and judgment have been found to be impaired. Such a driver would face charges of criminal impairment according to section 320.14(1)(a), despite being below the over-80 limit.
In the case of a driver with a BAC level that conforms to the prohibited concentration level, an offense would arise according to section 320.14(1)(b).
The two sections deal with different matters in the law and thus should not be confused with each other.
Drug-Impaired Driving and Prohibited Drug Levels
An Ontario driver may be criminally liable for operating a vehicle in a state that is impaired by drugs, regardless of whether they are legal or illegal.
The Criminal Code applies to marijuana, controlled substances, and drugs that have the potential to impair driving ability.
The presence of a prescription for such drugs does not necessarily make it legal to drive while impaired by them.
For instance, there are some medications prescribed for pain, anxiety, and sleep disorders that could impair one’s ability to drive due to drowsiness, reduced concentration, or coordination problems.
There are also blood drug concentration offenses in Canadian law.
The Blood Drug Concentration Regulations prescribe the following THC thresholds:
| THC concentration | Criminal law classification |
|---|---|
| At least 2 ng/mL but below 5 ng/mL of blood | Separate summary conviction offence under section 320.14(4) |
| At least 5 ng/mL of blood | Offence under section 320.14(1)(c) |
| At least 2.5 ng/mL of blood combined with a BAC of at least 0.05 | Combined alcohol-and-THC offence under section 320.14(1)(d) |
These prescribed concentrations relate to blood samples and the statutory two-hour period. They must not be confused with the readings that are provided by roadside drug testing devices.
Various other drugs have different prescribed concentrations. For instance, the regulations specify any detectable blood concentration for some drugs, such as cocaine, methamphetamine, and ketamine.
The legal difference here is the distinction between driving while impaired and driving with a prohibited drug concentration.
An individual can be charged with an impairment charge because of the impact of the drug on his/her capacity to drive. A prohibited-concentration charge, on the other hand, is concerned with whether the statutory concentrations are met.
Refusing or Failing to Comply With a Lawful Testing Demand
The failure or refusal to cooperate with a lawful police demand for providing samples for testing can lead to another criminal charge.
Pursuant to section 320.15 of the Criminal Code, there is a criminal offence to willfully and without a reasonable excuse fail to comply with a demand for providing alcohol or other test samples in accordance with sections 320.27 and 320.28 of the Criminal Code.
Both the listed sections give the right to make certain demands concerning alcohol and drug tests provided that all legal requirements are fulfilled.
The refusal to comply with demands differs from a criminal charge relating to driving impaired.
Thus, it is possible to charge a person for failing to comply with the demand even though the level of alcohol in their body was not proven.
It is necessary to emphasize that not all failures to provide a sample can lead to a criminal charge.
In order to prove that there is a crime, one should consider whether a demand was made in accordance with the Criminal Code and whether it was made without a reasonable excuse.
What Are Ontario’s Alcohol Limits for Different Types of Drivers?
Not all drivers have the same alcohol limits in Ontario. The allowable limits and provincial sanctions are based on age, license class, and the kind of vehicle driven.
The fully licensed drivers above the age of 22 years and those who do not fall under any special restriction will be governed by Ontario’s warn range system.
A blood alcohol concentration of 0.05% to 0.079% may result in provincial sanctions.
When it reaches 0.08%, the prohibited concentration offense under the federal laws may apply.
But neither of these ensures legal driving. Criminal responsibility for impairment may occur at a lower concentration.
The following table summarizes the main alcohol rules.
| Driver category | Ontario alcohol restriction |
|---|---|
| Fully licensed drivers aged 22 and over, without special conditions | Provincial warn range begins at 0.05 BAC |
| Drivers aged 21 and under | Zero BAC |
| G1 and G2 licence holders | Zero BAC |
| M1 and M2 licence holders | Zero BAC |
| Drivers operating vehicles requiring an A–F commercial licence or CVOR | Zero BAC |
| Drivers operating road-building machines | Zero BAC |
The level of 0.08 BAC is applicable under the federal criminal law for BAC regardless of the age and licence type of the driver.
The zero tolerance regulations of Ontario province also apply to marijuana to young drivers, new drivers and commercial drivers with the related laws dealing with the detection of the same.
For instance, a fully licensed 20 year-old G driver in Ontario still qualifies for the zero tolerance rule on alcohol due to his age.
Likewise, a 35 year old G2 driver should have zero BAC despite him being above 21 years.
Drivers of commercial vehicles are also subjected to other regulations due to their commercial nature in terms of the vehicles and driving.
One more difference is where the driver has prior convictions of impaired driving.
As per the Ontario laws which come into effect from July 1, 2026, those drivers who qualify for the post interlock zero tolerance rule have to adhere to the specific alcohol and drug restrictions for at least six months following the interlock condition.
These regulations are in addition to the basic BAC rules which are applicable to unrestricted fully licensed drivers.
Understanding the applicable driver category is essential when identifying whether an incident involves a provincial violation, a criminal offence, or both.
Can You Be Charged With Impaired Driving While Parked?
It is possible for a person to be charged with impaired driving in Ontario despite the fact that the car was not moving at the time of police intervention.
Section 320.11 of the Criminal Code provides that operation of a motor vehicle consists of the driving of such a vehicle or having care or control of it.
This suggests that the law is not limited to whether the wheels are in motion.
Take a case of a person who leaves a party after drinking and then decides to take a nap inside a parked vehicle. In such a scenario, if the person is occupying the driver’s seat, the situation may create a doubt of care or control.
Section 320.35 creates the presumption of operation. In a situation where an accused person occupies the seat or position used for the operation of a conveyance, there is a presumption of operation unless the person proves that he did not occupy that position for setting the conveyance in motion.
However, it does not imply that all persons occupying the driver’s seat while sleeping are guilty.
The context in which the person is found in the vehicle is still important.
Relevant circumstances can include whether:
- The person was sitting in the driver’s seat or elsewhere.
- The vehicle’s engine was running.
- The keys were accessible.
- The individual intended to drive.
- The person’s actions created a realistic risk that the vehicle could be put in motion.
Not all situations will have a decisive effect on the result.
Take for instance, the one seated as a passenger awaiting a sober driver as opposed to the one about to drive away as a drunk person.
This doesn’t mean that being a passenger means you can never exercise care or control.
The issue is whether or not you were in charge of operating the vehicle in accordance with the meaning provided under the Criminal Code.
This is especially relevant to those who have been charged with DUI where the car in question is parked.
How Does the Two-Hour Rule Apply to Impaired Driving Offences?
The 2-hour rule is an important part of the Canada’s law about driving while impaired.
Under the section 320.14, some criminal offences refer to certain prohibited levels of alcohol and drugs concentrations within 2 hours of the time when a person stops operating a vehicle.
It is different from the previous law when it considered only prohibited blood alcohol concentration while driving.
It is because of the circumstances where the levels of alcohol or drugs might change after a person stopped operating a vehicle.
A person may stop driving at 10:00 P.M., for instance, but give the breath samples afterward. With regard to the circumstances and requirements of the law, the blood alcohol concentration of a person within this particular 2-hour period could be very significant.
The 2-hour rule, however, does not mean that police must do all tests in two hours.
The Criminal Code also has some other evidentiary laws, including how the blood alcohol concentration is determined after that period.
The Canadian law recognizes exceptions when people have consumed alcohol or drugs after stopping to drive.
For an exception under section 320.14(5) involving alcohol, three conditions must be met:
- The person consumed alcohol after ceasing to operate the conveyance.
- After ceasing operation, the person had no reasonable expectation that a breath or blood sample would be required.
- The person’s alcohol consumption is consistent with the determined BAC and a BAC below 80 mg per 100 mL while operating.
There are separate exceptions for some offenses involving drugs as well as alcohol and drug combination offenses.
These exceptions do not automatically arise because of a report of alcohol consumption following the act of parking.
Think about someone who drives their car, parks, and then consumes alcohol at a later point in time. This could be important under the statutory exception.
However, consuming alcohol following an accident and anticipating being tested by the police will not necessarily save one from the over-80 offense.
The two-hour exception should be distinguished from the general impairment offense found in s. 320.14(1)(a).
Do DUI Laws Apply to Boats, Motorcycles and Other Vehicles?
Ontario DUI laws are not limited to cars travelling on public roads.
The Criminal Code uses the term “conveyance” rather than restricting impaired operation offences to ordinary passenger vehicles.
Under section 320.11, a conveyance includes a motor vehicle, vessel, aircraft, or railway equipment.
The definition covers several forms of transportation commonly used throughout Ontario.
Motorcycles, snowmobiles, and all-terrain vehicles can fall within the criminal impaired operation provisions.
How Is Impaired Driving Different From Dangerous or Careless Driving?
| Offence | Governing law | Main legal concern |
|---|---|---|
| Impaired driving | Criminal Code, s. 320.14 | Impairment or prohibited alcohol/drug concentrations |
| Dangerous operation | Criminal Code, s. 320.13 | Operation that is dangerous to the public |
| Careless driving | Highway Traffic Act, s. 130 | Driving without due care, attention, or reasonable consideration |
A person can drive dangerously without consuming alcohol or drugs.
For example, an individual who drives at excessive speed through a crowded residential area may face a dangerous driving allegation even when completely sober.
Similarly, a person may commit an impaired operation offence without driving aggressively or causing a collision.
Careless driving generally involves a lower level of driving misconduct than criminal dangerous operation, although the legal assessment depends on the facts.
How Does Ontario Law Address Impaired Driving That Causes Injury or Death?
If an individual commits an offence of impaired operation and causes bodily harm or death while driving a conveyance, Criminal Code makes it a separate offence.
Both the offences are found in sections 320.14(2) and 320.14(3).
Section 320.14(2) is related to someone who commits an offence under subsection 320.14(1) and causes bodily harm to someone while operating a conveyance.
Similarly, section 320.14(3) deals with situations wherein someone dies in such circumstances.
As opposed to the normal case of impaired operation, some extra elements need to be proved in these cases by prosecution, which include injury or death as a result of operation of conveyance.
For instance, if a driver is responsible for a car crash that causes physical injuries to another motorist, then the more severe offence can also be applied if both the impaired operation offence and causation elements are proven.
It is necessary to prove all the elements of the offence of the underlying offence, along with the elements required by the statute with respect to the injuries or fatalities.
There is also a need to separate out causing bodily harm while driving a conveyance from actually causing that bodily harm being a result of the state of intoxication.
The seriousness of the harm suffered also determines the classification of the offence as well as its possible punishment.
An impaired operation offence where there is no harm suffered is different from one where there is any bodily harm or fatality.
Similarly, there are similar offences for dangerous operation causing bodily harm or fatality set out in section 320.13 of the Criminal Code.
It follows that a case of a car crash which results in bodily harm may give rise to different considerations based on the behavior of the accused and also the charges.
Where a person is charged with an impaired driving offense, it is important to note that the actual allegations are not the same thing. A DUI lawyer can review the specific charge, testing evidence and driving restrictions involved.