Dateline: 06/28/08
New laws making it easier for police to investigate impaired driving due to alcohol or drugs and for prosecutors to prosecute impaired drivers come into effect in Canada on July 2, 2008. Fines and minimum jail terms for driving while impaired are increased and police are authorized to demand roadside physical sobriety tests and bodily substance samples at the police station. The new laws are part of the Conservative government's Tackling Violent Crime Act which received Royal Assent in February 2008.
Penalties for Impaired Driving in Canada
Drivers caught under the influence of alcohol or drugs will now:
- face a maximum life sentence if they cause death when their blood alcohol concentration is over 80
- face a maximum 10-year sentence if they cause bodily harm when their blood alcohol concentration is over 80
- face a mandatory penalty of $1000 for a first offence
- face a sentence of 30 days in jail for a second offence
- face a sentence of 120 days in jail for a third offence
- face a higher maximum penalty on summary conviction of 18 months, compared to 6 months previously. The five-year maximum when the prosecution proceeds by indictment stays the same.
Sobriety Tests for Impaired Drivers
Drivers suspected of impaired driving can now be charged with a criminal offence if they refuse a request for a roadside sobriety test. Police will also have the right to take a driver suspected of impaired driving to a hospital or police station to provide blood, urine or saliva samples.
