Lena Savoie
In Canada, driving under the influence of alcohol or drugs is a serious offence that poses a threat to public safety. To combat this, new impaired driving laws have been introduced, giving police the authority to demand breathalyzer tests from any driver they lawfully stop. This is in addition to the existing legislation that makes it illegal to operate a motor vehicle while impaired by alcohol or drugs, with a maximum blood alcohol concentration (BAC) limit of 0.08. The new laws also include mandatory alcohol screening, which aims to reduce road casualties and give police officers the power to request a breath test without needing to suspect recent alcohol consumption. These measures vary across provinces and carry different penalties depending on alcohol or drug concentration, prior offences, and harm caused to others.
| Characteristics | Values |
|---|---|
| Blood Alcohol Concentration (BAC) Limit | 0.08% |
| G2 Alcohol Limit in Ontario | 0.00% BAC |
| BAC Limit in Saskatchewan | 0.04% |
| BAC Limit in Alberta | 0.05-0.08% |
| BAC Limit in Quebec | 0.16% |
| BAC Limit for THC | 2-5 ng per ml of blood |
| BAC Limit for GHB | 5mg per litre of blood |
| BAC Limit for Alcohol and Cannabis | 50mg of alcohol per 100ml blood and 2.5 ng of THC per ml of blood |
| Mandatory Alcohol Screening (MAS) | Allowed in Ontario |
| Areas of MAS Implementation | Greater Toronto Area (GTA) and Hamilton Area |
| MAS Consequences | Criminal charges |
| DUI Consequences | Licence suspension, vehicle impoundment, criminal charges, fines, jail time, insurance spikes |
| First Offence Consequences | Significant fine, one-year licence cancellation, mandatory summary assessment |
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What You'll Learn
Mandatory Alcohol Screening laws
In Canada, alcohol-related crashes are a serious health epidemic. In 2016, an average of 1,500 Canadians were killed and 63,000 were injured in traffic accidents related to drunk driving. This number has increased, with impaired driving charges up almost 30% in 2024 compared to the previous five-year average.
To address this, the federal government passed a law in 2018 authorising Mandatory Alcohol Screening (MAS) which allows police officers to demand a breath sample from any driver they stop without needing suspicion of alcohol consumption. This is in addition to the Canadian Criminal Code, which was amended in 1969 to authorise police to demand that individuals submit to evidentiary breath testing in specified circumstances.
Under the 2018 law, any person who refuses to cooperate with the breathalyser test could be charged with a criminal offence. The Ontario Provincial Police (OPP) will conduct MAS during every traffic stop, regardless of the reason for the stop. This means that if you are stopped for speeding, careless driving, distracted driving, or seat belt offences, you will also be required to provide a breath sample. The consequences of failing or refusing to provide a breath sample can include criminal charges with harsher consequences.
The law has been criticised by the Canadian Civil Liberties Association, which argues that it violates the Charter of Rights and Freedoms, which protects individuals from unreasonable search and seizure. However, supporters of the law argue that it will help officers detect more drunk drivers and reduce the number of impaired drivers on the road, making the roads safer.
It is important to note that the legal blood alcohol concentration (BAC) limit in Canada is 0.08%, and this applies to all provinces and territories. If you are convicted of impaired driving, you may face penalties ranging from fines to life imprisonment, depending on the severity of the offence.
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Criminal charges for refusal
In Canada, it is illegal to operate a vehicle if impaired by alcohol, drugs, or both. The country has long had one of the poorest impaired driving records among comparable countries. In 2013, Canada had the highest percentage of alcohol involvement in crash deaths among 20 high-income countries, despite having one of the lowest rates of alcohol consumption.
In 2018, the federal government passed a law authorizing police officers to demand a breath sample from any driver they lawfully stop, without needing a specific suspicion of impairment. This law was further amended in 2022 by the Mandatory Alcohol Screening (MAS) initiative, which allows for breath tests without initial suspicion of impairment. The consequences of failure or refusing to provide a breath sample can result in criminal charges with harsher consequences.
In Ontario, the Ontario Provincial Police (OPP) will conduct MAS during every traffic stop. This means that if you are stopped for speeding, careless driving, distracted driving, or seat belt offences, you will also be required to provide a breath sample. You cannot refuse to provide a breath sample, and the consequences of doing so can result in criminal charges.
The criminal charges for refusal to provide a breath sample can vary depending on the province and the individual's prior record. In Alberta and most other Canadian jurisdictions, if your BAC is between 0.05 and 0.079, you will face provincial impaired driving penalties. In addition, refusing to provide a breath sample is considered a criminal offence and can result in criminal charges and any applicable provincial penalties.
In Ontario, impaired driving charges can result in licence suspension, vehicle impoundment, criminal charges, fines, possible jail time, a permanent record, and increased insurance rates. The severity of the punishment depends on various factors, including the nature of the offence, the presence of aggravating circumstances, and the individual's prior record.
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Stricter DUI laws
Canada has seen stricter DUI laws in recent years, with a particular focus on reducing the number of impaired drivers on the road. This shift reflects a growing concern for public safety. For instance, in 2016, an average of 1,500 Canadians were killed and 63,000 were injured in traffic accidents related to drunk drivers. This is a serious health epidemic.
In 2018, the Canadian Criminal Code was amended to expand the powers of police officers to demand breath samples from drivers without needing suspicion of alcohol consumption. This law is known as Mandatory Alcohol Screening (MAS) and is currently being implemented in Ontario. The Ontario Provincial Police (OPP) will conduct MAS during every traffic stop, even for minor offences such as speeding or seat belt violations. Refusing to provide a breath sample can result in criminal charges and harsher consequences. These stricter laws aim to deter individuals from driving under the influence and increase the chances of catching impaired drivers.
The blood alcohol content (BAC) limit in Canada is 0.08%, and this applies to all provinces and territories. If convicted of impaired driving, offenders face penalties ranging from significant fines to licence suspension, vehicle impoundment, and even jail time. In addition, first offenders must undergo a mandatory summary assessment of their behaviour to determine the need for further intervention.
Some critics argue that mandatory alcohol screening violates the Charter of Rights and Freedoms, which protects individuals from unreasonable search and seizure. However, supporters of MAS point to the success of similar initiatives in other jurisdictions, where a definitive link between mandatory breath samples and a decrease in drunk driving has been observed.
Overall, Canada is taking a strong stance against impaired driving by implementing stricter DUI laws, harsher penalties, and proactive measures such as MAS to create a safer environment for all road users.
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Blood Alcohol Concentration (BAC) limits
In Canada, the Blood Alcohol Concentration (BAC) limit for driving is 0.08%. This is the level at which Criminal Code impaired driving charges can be laid, and it applies across all provinces and territories. Most jurisdictions will temporarily suspend a driver's license if their alcohol level exceeds 0.05% BAC.
Some provinces have even stricter limits and penalties. For example, in Saskatchewan, a BAC of 0.04% or higher will result in immediate license suspension. In Alberta, a BAC of between 0.05 and 0.079% will lead to provincial impaired driving penalties, and a BAC in the range of 0.05 - 0.08% will result in immediate license suspension and a three-day vehicle impoundment. Quebec has even stricter penalties for those with exceedingly high BACs of 0.16% or more, including higher fees and mandatory alcohol and drug abuse risk assessments.
Ontario has also seen a significant increase in enforcing and tightening DUI regulations, with stricter laws and harsher penalties implemented in recent years. For example, G2 license holders are not permitted to have any alcohol in their system while driving (0.00% BAC).
In 2018, Canada's Mandatory Alcohol Screening laws were amended to allow police officers to demand a breath sample from any driver they stop without needing an initial suspicion of impairment. This expanded power is now being utilized by the Ontario Provincial Police (OPP) in the Greater Toronto Area and Hamilton Area, where officers will conduct Mandatory Alcohol Screening (MAS) during every traffic stop, regardless of the reason for the stop. Failure to comply can result in criminal charges.
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Police powers to demand breath samples
In Canada, police powers to demand breath samples have been strengthened in recent years, with the aim of reducing drunk driving and improving road safety. Here is a detailed overview of these powers:
Mandatory Alcohol Screening (MAS)
Mandatory Alcohol Screening allows police officers to demand a breath sample from any driver they lawfully stop, without needing a specific suspicion of impairment. This measure is intended to increase the number of drivers screened and enhance the deterrent effect of impaired driving laws. MAS is currently required in Ontario, where the Ontario Provincial Police (OPP) will conduct MAS during every traffic stop, regardless of the reason for the stop. Drivers who refuse to provide a breath sample may face criminal charges and impaired driving penalties.
Changes to Section 253 of the Criminal Code of Canada
In December 2018, changes to Section 253 of the Criminal Code of Canada came into effect, granting police officers greater powers to seek breath samples. Under these changes, officers no longer need to have a "reasonable suspicion" that a driver has consumed alcohol before demanding a sample. This means that an officer can request a breath sample from a driver at any time, for any reason. The new legislation also includes a two-hour provision, allowing police to demand a breath sample from an individual up to two hours after they have been driving.
Supreme Court of Canada Ruling
In 2023, the Supreme Court of Canada clarified that police officers must have immediate access to a breathalyser when demanding an impaired driving suspect provide a breath sample. The court unanimously dismissed the Crown's appeal in R. v. Breault, finding that a demand for a breath sample "cannot be presumed to be valid" if no breathalyser is present. This ruling has significant implications for police practices and may lead to the development of case law regarding "unusual circumstances" that could allow for delays in administering breath tests.
Public Reaction and Concerns
The expanded police powers regarding breath samples have been met with a mixed response. Organisations such as Mothers Against Drunk Driving (MADD) Canada have applauded the new legislation, arguing that it will reduce drunk driving collisions and save lives. However, some lawyers and civil liberties advocates have raised concerns about the erosion of charter rights and the potential for arbitrary searches. There are worries that the new laws could lead to unjust prosecutions, particularly in cases where individuals are targeted by malicious complaints.
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Frequently asked questions
The legal BAC limit in Canada is 80 milligrams of alcohol per 100 millilitres of blood, or 0.08%.
Penalties for impaired driving in Canada range from mandatory minimum fines to life imprisonment, depending on the severity of the offence, the alcohol or drug concentration in the driver's system, and whether the driver has caused bodily harm or death to another person.
Mandatory alcohol screening (MAS) is a law that authorises police officers to request a breath test for BAC from any driver they lawfully stop, regardless of whether they suspect the driver has been drinking or not.
If a driver fails a MAS test on a roadside breathalyzer, police can then demand a second, more sophisticated test on an approved screening device. Only the results of the second test can be used as grounds for a criminal charge.
