Driving while impaired (DUI) is still one of the worst traffic offenses in Canada, with major legal and personal consequences. In 2025, Canadians will face harsh punishments meant to stop people from driving while drunk and keep everyone safe. New changes have made the punishments harsher for both first-time and repeat offenders.
This article will explain the main parts of Canada’s DUI system, such as the legal blood-alcohol concentration (BAC) limits, immediate penalties at the scene of the crime, and long-term effects. This way, you’ll know exactly what to expect if you or someone you know is charged with DUI this year.
What Is a DUI in Canada?
In Canada, a DUI, which is more officially called “impaired driving,” happens when someone drives a car while their ability to drive is detrimentally affected by alcohol or drugs.
The Criminal Code directly lists three offenses: driving with a blood-alcohol concentration (BAC) of more than 0.08%, driving while impaired by any amount of drugs or alcohol, and refusing to give a breath or blood sample when asked to do so by the law.
Canadian law has a zero-tolerance policy for drug use because even a small amount of drugs or cannabis can make it hard to move and respond.
Penalty for DUI in Canada: What Should You Know
The key penalties for DUI in Canada include fines, licence suspensions, jail time, and how provincial laws can impact your driving and legal record.
First-Time DUI Offense Penalties
According to Canada’s Criminal Code, people who are caught drunk driving for the first time must pay at least one of the following minimum fines:
- 80 to 119 mg per 100 mL: at least $1,000 fine
- 120 to 159 mg per 100 mL: at least $1,500 fine
- 160 mg or more per 100 mL: minimum $2,000 fine
Offenders may have to pay fines and not be able to drive for 12 months. In most first-time cases, the person is found guilty and sentenced to two years’ jail time plus one day.
Penalties for Repeat Offenders
If you are found guilty of drunk driving a second time within ten years, the Criminal Code gives you harsher punishments:
- Mandatory minimum 30 days imprisonment
- 24-month driving prohibition
- Mandatory ignition interlock installation for up to three years.
For a third offense, you must serve at least 120 days in jail and lose your license for 36 months. In each case, convictions can be prosecuted either directly or by indictment. Indictable cases can carry up to 10 years in jail.
Impaired Driving Causing Bodily Harm or Death
When impairment causes an accident or death, the charges go up a lot. Driving while impaired that hurts someone is a mixed crime:
- Summary conviction: up to two years less a day in prison
- Indictable: up to 14 years’ imprisonment
If someone dies, the crime can only be charged as an indictable offense, and the highest sentence is life imprisonment. There is no minimum jail sentence, but courts usually give very long sentences because the crimes are so serious.
Provincial Variations in DUI Penalties
The Criminal Code sets the basic penalties, but each province adds its own administrative fines. As an example:
Ontario: Immediate roadside suspensions start at 3 days, and go up to 7 days for a second refusal or fail. If you get a fourth DUI, your license will be taken away permanently unless the court rules otherwise.
British Columbia: A first roadside fail results in a 24-hour impound and a 3-day ban; after a conviction, an interlock is required.
Alberta and Nova Scotia: Use “Immediate Roadside Sanctions,” which include fines, license suspensions that last from 3 to 90 days, and the impounding of your car.
Impact on Driving Record and Insurance
It stays on your driving record for at least three years after you are convicted of DUI. Insurance companies see drivers with convictions as “high-risk,” so they often raise rates three to five times.
In addition to higher insurance rates, a DUI can make it harder to get a job, especially in positions that require a clean driving record or a security clearance. It can also make it harder to travel internationally, since some countries won’t let people in who have been convicted of drunk driving.
Financial Consequences of a DUI
A DUI in Canada can lead to significant financial burdens, including fines, insurance premiums, legal fees, and many more.
Fines and Court Fees
Anyone in Canada who is found guilty of DUI has to pay a lot of money right away because of the fines and other court costs that come with the case. In the Criminal Code, the minimum fine for a first offense is $1,000 for a BAC of 80 to 119 mg per 100 mL. The fine goes up to $1,500 for a BAC of 120 to 159 mg or $2,000 for a BAC of 160 mg or more.
These fees vary by area but are usually between $100 and $300. There may be extra costs, like jury fees, legal aid surcharges, or paying for expert evidence, that add up to several hundred dollars more if your case goes to trial.
Impact on Car Insurance Rates
If you get a DUI charge, your car insurance rates will go up a lot. Insurance companies see people who break the law by driving while drunk as a high risk, and many will raise your rates by 300% to 500% when you renew.
In some cases, insurers may not renew your coverage at all, leaving you with no choice but to look for coverage through a high-risk pool at even higher rates. Most of the time, these higher rates stay in place for three to five years after a sentence.
Reinstatement Fees
After your suspension ends, you have to go through a number of steps and pay fees to get your license back. For example, in Ontario, the fee for repair is $50 to $100, and in Alberta, it’s $70.
Join and finish a program to learn about or deal with alcoholism. These programs can cost anywhere from $150 to $500, based on the provider and the length of the program.
Install and keep an ignition interlock device for a required amount of time. The costs to do this are $100 to $200 for the installation and $75 to $125 per month for the rental. Interlock costs alone can be more than $3,000 over two years.
Conclusion
Overall, getting a DUI charge in Canada can have a lot of legal, financial, and personal effects, ranging from large fines and lost licenses to higher insurance rates and even jail time. If you’re charged, getting help from an experienced lawyer and knowing your rights right away can help your case. Most importantly, the best thing to do after drinking or using drugs is to find another way to get home. This will protect you and everyone else on the road.