Driving Offences

Offence descriptionCriminal Code SectionS/H/IMinimum penaltyDischarge availableMaximum Penalty
(S)
Maximum Penalty
(I)
Dangerous Driving (no injury)249(1)H yes6 mos./$5,000 fine5 yrs.
Dangerous Driving (injury occurs)249(3)I yes 10 yrs.
Flee Police249.1H yes6 mos./$5,000 fine5 yrs.
Flee Police (injury caused

by dangerous driving)
249.1(4)(a)I   14 yrs.
Flee Police
(death caused

by dangerous driving)
249.1(4)(b)I   life imprisonment
Fail to Stop at Scene of Accident252H yes6 mos./$5,000 fine5 yrs.
Fail to Stop at Scene of Accident (knowing person hurt in accident)252I yes 10 yrs.
Fail to Stop at Scene of Accident (knowing person killed in accident)252I   life imprisonment
Driving or Care or Control while Impaired or Over 80 mgs.253H$1,000 fine for first offence; 30 days for second; 120 days for thirdCurative discharge available in some provinces (not Ont.)18 mos./$5,000 fine5 yrs.
Refuse or fail to provide a breath or blood sample254(5)H$1,000 fine for first offence; 30 days for second; 120 days for third 18 mos./$5,000 fine5 yrs.
Refuse or fail to comply with demand intended to determine whether ability to operate motor vehicle impaired by drug254(5)H$1,000 fine for first offence; 30 days for second; 120 days for third 18 mos./$5,000 fine5 yrs.
Impaired Driving Causing Bodily Harm255(2)I yes 10 yrs.
Driving Over 80 mgs. Causing Bodily Harm255(2.1)I yes 10 yrs.
Refuse or fail to provide breath sample knowing operation of motor vehicle caused accident resulting in bodily harm255(2.2)I yes 10 yrs.
Refuse or fail to comply with demand intended to determine whether ability to operate motor vehicle impaired by drug knowing
operation of motor vehicle caused accident resulting in bodily harm
255(2.2)I yes 10 yrs.
Impaired Driving Causing Death255(3)I   life imprisonment
Driving Over 80 mgs. Causing Death255(3.1)I   life imprisonment
Refuse or fail to provide breath sample knowing operation of motor vehicle caused accident resulting in death255(3.2)I   life imprisonment
Refuse or fail to comply with demand intended to determine whether ability to operate motor vehicle impaired by drug knowing
operation of motor vehicle caused accident resulting in death
255(3.2)I   life imprisonment
Drive Disqualified259(4)H yes6 mos./$5,000 fine2 yrs.