Penalties for drug-impaired driving

The fines and jail time you may face for crimes associated with impaired driving are listed in this table:

Last updated February 2, 2021

Offence Description

1st Offence Sentence

2nd Offence Sentence

3rd Offence Sentence

Driving with a small amount of cannabis (THC) in your blood (2-5 nanograms (ng) per 1 millilitre (ml) of blood)
Maximum:
$1,000 fine
Maximum:
$1,000 fine
Maximum:
$1,000 fine
Failing or refusing to provide a sample of your breath or bodily fluid
Minimum:
$2,000 fine


Maximum for
summary offence:
$5,000 and
2 years in jail

 


Maximum for
indictable offence:
10 years in prison

Minimum:
30 days in jail


Maximum for
summary offence:
$5,000 and
2 years in jail

 


Maximum for
indictable offence:
10 years in prison

Minimum:
120 days in jail


Maximum for
summary offence:
$5,000 and
2 years in jail

 


Maximum for
indictable offence:
10 years in prison

Impaired Driving
Minimum:
$2,000 fine


Maximum for summary offence:
$5,000 and 2 years in jail

 


Maximum for indictable offence:
10 years in prison

 

Minimum:
30 days in jail


Maximum for summary offence:
$5,000 and 2 years in jail

 


Maximum for indictable offence:
10 years in prison

 

Minimum:
120 days in jail


Maximum for summary offence:
$5,000 and 2 years in jail

 


Maximum for indictable offence:
10 years in prison

 

Over 80 milligrams (mg) of alcohol per 100 ml of blood
Minimum:
$1,000 fine


Maximum for summary offence:
$5,000 and 2 years in jail

 


Maximum for indictable offence:
10 years in prison

 

Minimum:
30 days in jail


Maximum for summary offence:
$5,000 and 2 years in jail

 


Maximum for indictable offence:
10 years in prison

 

Minimum:
120 days in jail


Maximum for summary offence:
$5,000 and 2 years in jail

 


Maximum for indictable offence:
10 years in prison

 

Over 120 mg of alcohol per 100 ml of blood
Minimum for
summary offence:
$1,000 fine


Minimum for
indictable offence:
$1,500 fine

 


Maximum for
summary offence:
$5,000 and
2 years in jail

 

Maximum for
indictable offence:
10 years in prison

 

Minimum:
30 days in jail


Maximum for
summary offence:
$5,000 and
2 years in jail

 

Maximum for
indictable offence:
10 years in prison

 

Minimum:
120 days in jail


Maximum for
summary offence:
$5,000 and
2 years in jail

Maximum for
indictable offence:
10 years in prison

 

Over 160 mg of alcohol per 100 ml of blood
Minimum for
summary offence:
$1,000


Minimum for
indictable offence:
$2,000 fine

 


Maximum for
summary offence:
$5,000 and
2 years in jail

 

Maximum for
indictable offence:
10 years in prison

 

Minimum:
30 days in jail


Maximum for
summary offence:
$5,000 and
2 years in jail

 

Maximum for
indictable offence:
10 years in prison

 

Minimum:
120 days in jail


Maximum for
summary offence:
$5,000 and
2 years in jail

 

Maximum for
indictable offence:
10 years in prison

 

Over the legal limit for drugs, or the limit for alcohol and drugs combined
Minimum:
$1,000 fine


Maximum for
summary offence:
$5,000 and
2 years in jail

 

Maximum for
indictable offence:
10 years in prison

 

Minimum:
30 days in jail


Maximum for
summary offence:
$5,000 and
2 years in jail

 

Maximum for
indictable offence:
10 years in prison

 

Minimum:
120 days in jail


Maximum for
summary offence:
$5,000 and
2 years in jail

 

Maximum for
indictable offence:
10 years in prison

 

Injuring/hurting
someone while committing an alcohol or drug driving crime
Minimum:
$1,000 fine


Maximum:
14 years in prison

 

Minimum:
30 days in jail


Maximum:
14 years in prison

 

Minimum:
120 days in jail


Maximum:
14 years in prison

 

Killing someone while committing an alcohol or drug driving crime
Minimum:
$1,000 fine


Maximum:
life in prison

 

Minimum:
30 days in jail


Maximum:
life in prison

 

Minimum:
120 days in jail


Maximum:
life in prison

 

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