Penalties for New Impaired Driving, Exceed and Other Driving Crimes

S=Summary H=Hybrid I=Indictable

Offence description Criminal Code Section S/H/I Minimum penalty Discharge available Maximum Penalty (S) Maximum Penalty (I)
Dangerous Driving 320.13(1) H   yes 2 yrs. less a day/
$5,000 fine
10 yrs.*
Dangerous Driving (injury to other person) 320.13(2) H $1,000 fine for first offence; 30 days jail for second; 120 days jail thereafter yes (summary conviction) 2 yrs. less a day/
$5,000 fine
14 yrs.
Dangerous Driving Causing Death 320.13(3) I $1,000 fine for first offence; 30 days jail for second; 120 days jail thereafter life imprisonment
Operation While Impaired
or Blood Alcohol Concentration (BAC)
of 80 mg or more
320.14(1)(a), (b) H $1,000 fine for first offence; 30 days for second; 120 days for third*** ** 2 yrs. less a day/
$5,000 fine
10 yrs.*
Operation with Illegal Blood Drug Concentration (BDC) 320.14(1)(c) H $1,000 fine for first offence; 30 days for second; 120 days for third*** 2 yrs. less a day/
$5,000 fine
10 yrs.*
Operation with Illegal BDC
Combined with Illegal BAC
320.14(1)(d) H $1,000 fine for first offence; 30 days for second; 120 days for third*** 2 yrs. less a day/
$5,000 fine
10 yrs.*
Operation with Lower Illegal BDC
but under higher proscribed level
320.14(4) S   yes $1,000 fine  
Impaired Driving or Driving with 80 mg or More Causing Bodily Harm 320.14(2) H $1,000 fine for first offence; 30 days for second; 120 days for third 2 yrs. less a day/
$5,000 fine
14 yrs.
Impaired Driving or Driving with 80 mg or more Causing Death 320.14(3) I $1,000 fine for first offence; 30 days jail for second; 120 days jail thereafter     life imprisonment
Refuse or fail to provide a breath sample
or other bodily substance
320.15(1) H $2,000 fine for first offence; 30 days for second; 120 days for third***   2 yrs. less a day/
$5,000 fine
10 yrs.*
Refuse or fail to comply with demand
to do physical tests or drug impairment evaluation
320.15(1) H $2,000 fine for first offence; 30 days for second; 120 days for third***   2 yrs. less a day/
$5,000 fine
10 yrs.*
Refuse or fail knowing or reckless as to
whether they were in an accident resulting in bodily harm to another person
320.15(2) S $1,000 fine**** for first offence; 30 days jail for second; 120 days jail thereafter 2 yrs. less a day/
$5,000 fine
14 yrs.
Refuse or fail knowing or reckless as to
whether they were in an accident resulting in a person’s death
320.14(3) I $1,000 fine**** for first offence; 30 days jail for second; 120 days jail thereafter     life imprisonment
Fail to Stop at Scene of Accident 320.16(1) H   yes 2 yrs. less a day/
$5,000 fine
10 yrs.*
Fail to Stop at Scene of Accident
(knowing or reckless as to whether another person hurt in accident)
320.16(2) H $1,000 fine for first offence; 30 days jail for second; 120 days jail thereafter yes (summary conviction) 2 yrs. less a day/
$5,000 fine
14 yrs.
Fail to Stop at Scene of Accident
(knowing or reckless as to whether person died from accident)
320.16(3) I $1,000 fine for first offence; 30 days jail for second; 120 days jail thereafter     life imprisonment
Flee Police 320.17 H yes 2 yrs. less a day/
$5,000 fine
10 yrs.*
Drive Disqualified 320.18 H yes 2 yrs. less a day/
$5,000 fine
10 yrs.*

* Permanent residents convicted of a driving offence that carries a maximum penalty of 10 years in jail become inadmissible to Canada as a result of serious criminality. Deportation, however, is not automatic. If you’ve been charged with a driving offence and you’re not a citizen, consult an immigration lawyer.

If you can get a discharge rather than a conviction you will avoid inadmissibility. But note: you cannot receive a discharge for impaired driving, exceed or refuse.

** A curative discharge is no longer available.

*** The court will not have to impose the minimum punishment or a driving prohibition if you successfully complete a substance-abuse treatment program after being found guilty and before sentencing. You’ll need the Crown’s consent and court approval to have sentencing delayed for this purpose.

**** Curiously, a higher minimum fine of $2,000 applies where no bodily harm or death ensues.

« Back to Penalty Chart Index