Canada’s New Drinking and Driving Laws Take Effect on December 18, 2018

Currently, the police need some grounds to demand a breath test from motorists, which can include smelling alcohol on a driver’s breath, or noticing other signs of impairment, which would lawfully allow them to demand a breath test. Next week, drivers should know that police will have added powers when lawfully stopping drivers. These powers will include the ability to demand a roadside breath sample, without having any grounds.

If you have been charged with an impaired driving charge, or 0ver 80 mg of blood alcohol criminal charge, Lighthouse can assist you with your Defence. Lighthouse has a referral agreement with several lawyers in Ontario, which can assist you with your charge. Call us today, and we can book you an appointment with a lawyer in your area.

Here are the penalties for impaired driving as of Dec. 18, 2018:

Alcohol-impaired driving that does not cause bodily harm or death – mandatory minimum penalties:

• First offence + blood alcohol content (BAC) of 80-119 mg: mandatory minimum $1,000 fine
• First offence + BAC of 120-159 mg: mandatory minimum $1,500 fine
• First offence + BAC of 160 mg or more: mandatory minimum $2,000 fine
• First offence of refusal to be tested: mandatory minimum $2,000 fine
• Second offence: mandatory minimum 30 days imprisonment
• Third and subsequent offences: mandatory minimum 120 days imprisonment

Impaired driving causing no bodily harm or death – Maximum penalties:

• Summary conviction: 2 years less a day imprisonment
• Indictment: 10 years imprisonment

Impaired driving causing bodily harm – Maximum penalties:

• Summary conviction (for less severe injuries): 2 years less a day imprisonment
• Indictment: 14 years imprisonment

Impaired driving causing death – Maximum penalty:

• Life imprisonment

Wait time for provincial interlock program:

• First offence: no wait
• Second offence: 3 months
• Third and subsequent offences: 6 months

Testing:

• Police officers can require any lawfully stopped driver to provide a preliminary breath sample, even without reasonable suspicion that the driver has alcohol in their body