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 Impairedor 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 sampleor 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 demandto 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 towhether 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 towhether 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.
