SOME PENALTIES FOR IMPAIRED DRIVING HAVE CHANGED IN JANUARY 2026.

 

What are DUI Offences?​

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This article is a brief and general overview about DUI Offences. A DUI offence is any offence related to driving or operating a motored vehicle whilst under the influence of drugs and/or alcohol as defined under section 320.14 of the Criminal Code of Canada. It should also be noted that DUI offences are also defined under the Highway Traffic Act of Ontario, and as a result, there are separate penalties under the provincial legislation as well. ​

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What are the different forms of impairment in Ontario?

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When operating/driving a motored vehicle, there are 4 main types of impairment: 

1. Alcohol Impairment

2. Cannabis Impairment

3. A combination of Alcohol & Cannabis Impairment 

4. Impairment caused by controlled drugs (such as Cocaine, methamphetamines, or PCP...)

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What are the prohibited levels of alcohol impairment in Ontario?

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• Criminal Limit (0.08% and above):

• "Warn Range" (0.05% to 0.079%): 

• Zero Tolerance (Under 21, Novice, Commercial, and Road-Building Drivers): Drivers aged 21 or under, those holding a G1/G2/M1/M2 licence, and commercial drivers must have a 0.00% BAC.

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What are the prohibited levels of cannabis impairment in Ontario?

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​There are 2 prohibited levels for Cannabis use;

• If a driver has between 2 to 5 nanograms (ng) of THC per 1 mL of blood

• If a driver has 5 nanograms (ng) or more per 1 mL of blood​

 

If a driver's THC concentration falls under the second category, it is more severe, and thus, can result in a more severe penalty. 

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It is dangerous to drive with cannabis in your system, and the penalties are the same as for alcohol-impaired driving. Ontario’s zero-tolerance laws for young, novice and commercial drivers also apply to cannabis.

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In cases where Cannabis and alcohol are found in combination of one another within an individual's blood concentration, the prohibited levels are 50 mL of alcohol per 100 mL of blood, and 2.5 ng of THC per 1 mL of blood. 

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It is also important to note that if a driver has any detectable amounts of LSD, heroin, cocaine, ketamine, methamphetamine, PCP, or any other controlled drug within their blood concentration, they can be charged with a DUI offence as well as a Drug-related offence. ​

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For associated fines and penalties visit the Ministry of Ontario website https://www.ontario.ca/page/impaired-driving#section-2

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What if a driver refuses to provide a breathalyzer or blood test sample to the police? ​

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Most DUI charges originate from either a traffic stop or a RIDE check. If an officer smells alcohol, views an open container of alcohol, or notices signs of impairment, then they may ask for a breathalyzer test or perform a field sobriety test. If a driver fails or refuses to provide a breathalyzer or field sobriety test, then they will be arrested and tested at the police station. 

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Refusing to provide a breath sample is a criminal offence under the Criminal Code of Canada.  Saying “No” is not the only way to be charged with this offence. The police may treat the following conduct as refusal:

• Verbally declining to provide a sample.

• Delaying or stalling without a valid reason

• Pretending to blow or not following instructions properly.

• Failing to provide an adequate sample after repeated attempts

 

Non-compliance is treated the same as an explicit refusal. This is why if you are charged under the refuse breathalyzer provisions, you will face legal consequences even if you believed you were cooperating.

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What are the legal elements needed to prove a DUI offence?​

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For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 

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In this case, the Crown must prove one of the following elements of a DUI offence:

a) That you (the accused) have too much alcohol, cannabis, or other drugs in your blood

b) Your ability to drive is even slightly affected by alcohol and/or drugs.

c) You refused to provide a breath sample to check for alcohol or a body-fluid (blood) sample to check for drugs

d) You did not blow into a breath machine properly, and thus, did not provide an accurate sample. 

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What are some possible defences for a DUI offence? 

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Some of the most common defences for DUI offences include arguing that your charter rights were violated (and thus, the case should be dismissed); the breathalyzer was faulty or testing procedure was flawed; there was a medical explanation for your signs of impairment; or that you were not in care and control of the vehicle. ​​​​​​

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What do you do if you have been charged with a DUI related offence? ​

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If you have been charged with a DUI related offence by the police, first contact us. Once retained, Shankar Law Office will continue to advise and guide you so that you can receive the best legal defence for this charge. 

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