New impaired driving penalties

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.

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

Using the immediate roadside suspension program means getting impaired drivers off roads immediately.

Any time a driver is found to have a blood alcohol content BAC of 0.08 or more, their licence is suspended for three months, whether it’s through the administrative route (IRS) or through the criminal charge route. Using the IRS program allows for 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 IRS or criminal route. The IRS 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 IRS and short-term licence suspension, penalties increase for each subsequent suspension and are noted on the driving record.

Drivers issued a short-term suspension (impaired drivers with a BAC of 0.05 or more, 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)

Drivers issues suspensions under the IRS program (impaired drivers with a BAC of 0.08 or more 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

There is a mandatory seven-day vehicle impoundment period for novice drivers who violate the zero tolerance rule.

Drivers who are found to have a blood alcohol concentration of 0.05 or more 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 of this type within a five-year period will result in 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.

Monetary penalties will apply to all short-term suspensions.

Anyone driving impaired can have their vehicle impounded. The impoundment program will apply to short-term licence suspensions, Criminal Code of Canada impaired driving cases and Immediate Roadside Suspension.

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 more, or who refuse to comply with a demand.

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 with a previous conviction within 10 years: 60 days

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)

An ignition interlock device prevents a driver from starting or driving a vehicle when under the influence of alcohol. Eligible drivers will have interlock devices installed in their vehicles. The driver will be issued a restricted driver’s licence, which allows the individual to operate only vehicles equipped with an alcohol ignition interlock device. Participants are responsible for covering the cost of the program.

Drivers with a 30-day short-term licence suspension or three-month administrative licence suspension for Criminal Code offences may be eligible to enroll in the program.

The Registrar of Motor Vehicles will have authority to extend the time in program and grant exemptions, including for medical reasons. All drivers will be required to take the impaired driver re-education course.