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What Are the Penalties for a First Impaired Driving Conviction in Canada?

What Are the Penalties for a First Impaired Driving Conviction in Canada?
Trisha Trisha
BlogCriminal Lawyer Ottawa
October 27, 2026

Quick Overview

  • A first impaired driving conviction carries a mandatory minimum fine of at least $1,000, and higher minimums apply at higher blood alcohol levels or on a refusal
  • The court must also order a driving prohibition of at least one year on a first offence
  • Ontario adds its own consequences: a licence suspension of at least one year, a mandatory program, an ignition interlock device for at least one year and, for offences committed on or after July 1, 2026, a zero-tolerance “P” condition afterwards
  • A discharge is not available for these offences, so a finding of guilt means a criminal record
  • A record suspension can be applied for only after a waiting period of 5 or 10 years, which starts once the full sentence is complete
  • Aggravating factors such as a reading of 120 mg or more or a passenger under 16 can lead to a harsher sentence even on a first offence

Three Ways a First Offence Is Charged

Impaired driving is governed by Part VIII.1 of the Criminal Code, according to Justice Laws. Most first-offence charges fall under one of three provisions:

  • Impaired operation (s. 320.14(1)(a)). Operating a conveyance while your ability to do so is impaired by alcohol, a drug or both. The Crown relies on evidence of how you drove and how you looked and acted, whatever your reading
  • Blood alcohol concentration of 80 mg or more (s. 320.14(1)(b)). Having a concentration of 80 mg of alcohol or more in 100 mL of blood within two hours after you stopped operating the conveyance
  • Refusal (s. 320.15). Failing or refusing to comply with a lawful demand for a breath or blood sample without a reasonable excuse

According to the Department of Justice, these rules came from Bill C-46 in 2018. Our articles on what happens during an impaired driving investigation and on refusing a breathalyzer test explain how a case begins.

Mandatory Minimum Fines

According to section 320.19 of the Criminal Code, a first offence carries these mandatory minimum fines. A judge cannot go below them:

  • $1,000 for impaired operation, or for a reading of 80 mg or more but under 120 mg
  • $1,500 for a reading of 120 mg or more but under 160 mg
  • $2,000 for a reading of 160 mg or more
  • $2,000 for a refusal

These are minimums. The court can order a higher fine or add other penalties, depending on the facts.

Maximum Penalties

The Crown can prosecute these offences summarily or by indictment. According to Justice Laws, if it proceeds by indictment, the maximum jail term is 10 years, which Bill C-46 raised from five. On summary conviction, the maximum is a fine of $5,000, imprisonment for up to two years less a day, or both. The mandatory minimum fine applies on either route.

Whether a first offence leads to a jail sentence depends on the circumstances. For context, the same section sets mandatory minimum jail terms of 30 days on a second offence and 120 days on each later offence. A first-time offender is not in that category, but the aggravating factors discussed below weigh toward a harsher sentence.

The Driving Prohibition

According to section 320.24 of the Criminal Code, the court must order a driving prohibition on a first conviction, and it is a minimum of one year and a maximum of three years, plus any period of imprisonment. It applies across Canada. Driving while prohibited is a separate offence under section 320.18.

The federal prohibition is a separate order from your Ontario licence suspension, which is described next.

Ontario Licence Consequences

According to the Ministry of Transportation, a first criminal conviction brings these consequences:

  • A licence suspension of at least one year
  • A mandatory education or treatment program
  • An ignition interlock device for at least one year
  • Once the interlock condition is successfully removed, a “P” condition for at least six months, which means no alcohol and no drugs in your system when you drive

The Ministry says the “P” condition applies where the offence was committed on or after July 1, 2026. A first violation brings a 7-day licence suspension, an 8-hour education course and a $250 penalty, and the condition stays on your licence until you complete six consecutive months without a violation.

You must also pay the licence reinstatement fee, which Ontario.ca lists as $281, and cover the cost of the interlock device yourself. Our article on how the ignition interlock program works explains the costs, service rules and early removal.

Reduced suspension option. According to Ontario.ca, some first-time offenders can enter the interlock program earlier. An eligible driver who pleads guilty, is sentenced and receives a prohibition order within 90 days of the offence can serve a 3-month hard suspension followed by at least 9 months with the device. The program is limited to alcohol-impaired offences. It is not available where the offence involved drugs or caused bodily harm or death, and other eligibility requirements apply. That timeline can affect decisions about the case, so speak to an Impaired Driving Lawyer Ottawa before you decide how to plead.

Many drivers also face a separate 90-day roadside suspension before any conviction. Our article on the 90-day roadside licence suspension explains how that works.

Can You Get a Discharge?

No. According to Justice Laws, a judge can grant a conditional or absolute discharge under section 730 of the Criminal Code, but that section does not apply to offences that carry a minimum punishment prescribed by law. Because section 320.19 sets mandatory minimum fines for these offences, a finding of guilt leads to a conviction and a criminal record.

The Criminal Record and Record Suspension

A conviction creates a criminal record that can appear on background checks. You can apply to the Parole Board of Canada for a record suspension under the Criminal Records Act, but only after a waiting period that starts when you have completed your entire sentence, including fines and probation. According to the Parole Board of Canada, the waiting period is 5 years for a summary conviction offence and 10 years for an indictable offence, and the application fee is $50.

How the Crown proceeds, summarily or by indictment, therefore affects how long you wait.

Travel

According to U.S. Customs and Border Protection, you are not eligible for the NEXUS trusted traveller program if you have been convicted of any criminal offence, including driving under the influence. Our article on whether a criminal charge can affect your job or travel covers the wider picture.

If you are not a Canadian citizen, get immigration advice before you make any decision about your charge.

What Makes a Sentence Harsher

According to section 320.22 of the Criminal Code, a court imposing sentence must consider the following, in addition to any other aggravating circumstances:

  • The offence resulted in bodily harm to, or the death of, more than one person
  • A blood alcohol concentration of 120 mg or more
  • Racing or a contest of speed
  • A passenger under 16 in the vehicle
  • Being paid to operate the vehicle
  • Operating a large motor vehicle
  • Driving when you were not permitted to under a federal or provincial law, such as during a suspension

Any of these can lead to a harsher sentence, even for someone with no prior record.

Local Context

According to the Ottawa Police Service, as of June 10, 2026 it had laid 391 impaired-driving-related charges year to date, compared with 327 in the same period of 2025, an increase of 19.5 per cent.

Key Time Limits

  • Reduced suspension option: the guilty plea, sentence and prohibition order must come within 90 days of the offence, and other eligibility requirements apply
  • Driving prohibition on a first conviction: at least 1 year, up to 3 years, plus any jail term
  • Ontario interlock condition: at least 1 year, followed by at least 6 months with the “P” condition
  • Record suspension: 5 years after the sentence is complete for a summary conviction, and 10 years for an indictable conviction

Getting Advice Before You Plead

The penalties for a first offence are fixed in some ways and open in others. The minimum fine and prohibition are set by law, but how the Crown proceeds, what the facts show and when you resolve the case can all affect the outcome. LMS Lawyers represents Ottawa drivers facing impaired driving charges and licence consequences. You can contact Ottawa Impaired Driving Lawyers at LMS to review your charge and your options before you make a decision.

FAQs

What is the minimum fine for a first impaired driving conviction?
 $1,000 for impaired operation or a reading of 80 mg or more but under 120 mg. It is $1,500 for a reading of 120 mg or more but under 160 mg, and $2,000 for 160 mg or more or for a refusal.

How long is the driving prohibition for a first offence?
 At least one year and up to three years, plus any jail term, under section 320.24 of the Criminal Code.

Can I get a discharge for a first offence?
 No. Section 730 does not allow a discharge for offences that carry a minimum punishment, and these offences do.

Does a first conviction mean jail?
 Not necessarily. It depends on the facts. Aggravating factors such as a reading of 120 mg or more or a passenger under 16 weigh toward a harsher sentence.

What does Ontario add to the federal penalties?
 A licence suspension of at least one year, a mandatory program, an ignition interlock device for at least one year and, for offences committed on or after July 1, 2026, a “P” condition for at least six months afterwards.

How long before I can apply for a record suspension?
 5 years for a summary conviction and 10 years for an indictable conviction, counted from the end of your whole sentence.

Will a first conviction affect my NEXUS membership?
 According to U.S. Customs and Border Protection, a conviction for any criminal offence, including driving under the influence, makes you ineligible for NEXUS.

Summary

A first impaired driving conviction in Canada carries a mandatory minimum fine of $1,000 to $2,000, depending on the offence and the reading, and a driving prohibition of one to three years. Ontario adds a licence suspension of at least one year, a mandatory program, an ignition interlock device for at least one year and, for offences committed on or after July 1, 2026, a six-month “P” condition. A discharge is not available, so a conviction means a criminal record, and a record suspension can be requested only after 5 or 10 years. Aggravating factors can lead to a harsher sentence, and some eligible first-time offenders convicted of an alcohol-impaired driving offence can shorten their suspension if they are convicted, sentenced and subject to a prohibition order within 90 days of the offence. LMS Lawyers can review your charge and the timing of your options.

Sources

This article is intended for general information purposes only and describes federal and Ontario law as of October 2026. It does not constitute legal advice and does not create a lawyer-client relationship between LMS Lawyers and the reader. For advice specific to your situation, please consult a licensed lawyer.

Trisha
Trisha

Trisha is an Ottawa-based content writer with 7+ years of hands-on experience working with law firms, focused on making legal topics clear and easy to understand.

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