Last Updated: January 12, 2026
Ontario has implemented the toughest impaired driving penalties in the province’s history as of January 1, 2026, including automatic lifetime driving bans for anyone convicted of impaired driving causing death.
These sweeping changes to the Highway Traffic Act represent the most significant crackdown on impaired driving in recent years. Whether you’re a driver who enjoys the occasional drink or someone concerned about safety on Ottawa’s roads, understanding these new laws is essential. The consequences extend far beyond fines—a single mistake can result in job loss, criminal records affecting international travel, and insurance costs that last for years. Here’s everything Ottawa residents need to know about the current impaired driving framework.
Key Highlights
TL;DR: Ontario’s 2026 impaired driving laws include automatic lifetime bans for impaired driving causing death, extended 10-year look-back periods for repeat offenses, and mandatory ignition interlock devices. First-time criminal convictions carry a minimum $1,000 fine, one-year suspension, and roughly $20,000 in total costs when including insurance increases.
| Quick Facts | Details |
|---|---|
| 📅 Effective Date | January 1, 2026 |
| ⚠️ Lifetime Ban Trigger | Impaired driving causing death |
| 💰 First Offense Fine | $1,000 minimum (criminal) |
| ⏰ Look-Back Period | 10 years (up from 5) |
| 🚗 Vehicle Impound | 7 days (BAC 0.08+) |
| 📍 Ottawa Legal Aid | 1-800-668-8258 |
Understanding Ontario’s Two-Track Penalty System
Ontario police now have enhanced powers to issue immediate roadside penalties and vehicle impoundments.
Ontario’s impaired driving penalties operate on two parallel tracks that can apply simultaneously:
Administrative Penalties: Imposed immediately at the roadside by police. These apply even without criminal charges and include license suspensions, vehicle impoundment, and mandatory fees.
Criminal Penalties: Imposed by courts upon conviction under the Criminal Code. These include fines, jail time, and federal criminal records.
A driver can face consequences under both systems for the same incident—the roadside administrative penalties apply immediately, while criminal charges proceed through the court system over subsequent months.
Warn-Range Violations (BAC 0.05-0.079%)
These penalties apply when you register in the “warning range” on an approved screening device, even without criminal charges.
First Offense
- License Suspension: 7 days (increased from 3 days)
- Administrative Penalty: $250
- Reinstatement Fee: $198
- Total Cost: Approximately $448
Second Offense (Within 10 Years)
- License Suspension: 14 days (increased from 7 days)
- Administrative Penalty: $350
- Mandatory: Remedial education program
- Reinstatement Fee: $198
Third or Subsequent Offense (Within 10 Years)
- License Suspension: 30 days
- Administrative Penalty: $450
- Mandatory: Treatment program
- Ignition Interlock: 6 months after suspension ends
- Medical Evaluation: Required
- Reinstatement Fee: $198
Criminal Impaired Driving Penalties
Criminal impaired driving convictions carry consequences that extend far beyond the courtroom.
Criminal charges apply when BAC exceeds 0.08%, when drivers refuse breath/blood tests, or when impairment is demonstrated through officer observation.
First Criminal Conviction
| Penalty | Details |
|---|---|
| Fine | $1,000 minimum |
| License Suspension | 1 year |
| Ignition Interlock | 1 year after reinstatement |
| Back on Track Program | $634 (mandatory) |
| Maximum Penalty | 2 years (summary) to 10 years (indictable) |
| Criminal Record | Permanent, affects travel and employment |
Second Criminal Conviction (Within 10 Years)
| Penalty | Details |
|---|---|
| Jail Time | 30 days minimum |
| Fine | $1,000 minimum |
| License Suspension | 3 years |
| Ignition Interlock | 3 years minimum |
| Criminal Record | Permanent |
Third or Subsequent Conviction (Within 10 Years)
| Penalty | Details |
|---|---|
| Jail Time | 120 days minimum |
| License Suspension | Lifetime (potentially reducible after 10 years) |
| Ignition Interlock | 6 years minimum |
| Medical Evaluation | Required |
The Extended 10-Year Look-Back Period
A critical change effective January 1, 2026 extends the look-back period from 5 to 10 years. This means:
- Any alcohol or drug-related driving incident—administrative suspensions, violations, or convictions—remains on your record for a full decade
- An offense committed today will be considered when evaluating repeat offender status for incidents up to 9 years in the future
- A second warn-range violation in year 9 would trigger the escalated penalties of a “repeat offender”
This change dramatically increases the long-term consequences of even minor impaired driving incidents.
Lifetime Bans: When They Apply
Lifetime driving bans are now automatic for the most serious impaired driving offenses in Ontario.
Impaired Driving Causing Death
Effective January 1, 2025, anyone convicted of impaired driving causing death faces automatic lifetime driving license suspension. This suspension becomes permanent upon conviction—judges no longer have discretion.
The federal criminal consequences are equally severe: impaired driving causing death carries a maximum sentence of life imprisonment.
Andrew’s Law (Dangerous Driving)
Ontario’s “Andrew’s Law,” named after Andrew Cristillo who was killed in a head-on collision, provides additional penalties for dangerous driving:
- First Offense: 14-day suspension, $2,000–$10,000 fine
- Second Offense: 30-day suspension, up to $15,000 fine
- Subsequent Offenses: 45-day impound, up to $20,000 fine
- Causing Death: Lifetime ban upon conviction
Ignition Interlock Device Requirements
Ignition interlock devices require a clean breath sample before allowing the vehicle to start.
When Required
The Ontario Ignition Interlock Program is mandatory for:
- Any criminal conviction for impaired driving
- Three or more administrative suspensions within 10 years
- Condition of license reinstatement following conviction
Duration
| Offense | Interlock Duration |
|---|---|
| First Criminal Conviction | 1 year minimum |
| Second Criminal Conviction | 3 years minimum |
| Third Criminal Conviction | 6 years minimum |
| Third Administrative Suspension | 6 months after suspension |
Costs
Drivers bear all costs for the ignition interlock program:
| Fee Type | Cost |
|---|---|
| Installation | $0 (government program) |
| Monthly MTO Fee | $7.50 |
| Monthly Monitoring/Lease | $69–$78 |
| Annual Total | $1,500–$2,000 |
| Vehicle Transfer Fee | $150–$170 |
| Device Replacement (lost/stolen) | $850–$960 |
| Early Termination Fee | $250–$280 |
Additional costs include the mandatory Back on Track program (~$634) covering assessment, education, and treatment.
The True Cost of an Impaired Driving Conviction
Many people underestimate the total financial impact of an impaired driving conviction. Here’s a realistic breakdown:
First Criminal Conviction (BAC Over 0.08)
| Cost Category | Amount |
|---|---|
| Criminal Fine | $1,000 minimum |
| Back on Track Program | $634 |
| License Reinstatement | $198 |
| Ignition Interlock (1 year) | $1,500–$2,000 |
| Legal Representation | $5,000–$10,000+ |
| Subtotal (excluding insurance) | $8,332–$13,832 |
| Insurance Increases (3 years) | $15,000+ |
| Total Estimated Cost | $23,332–$28,832+ |
Vehicle Impoundment Costs
When police make an impaired driving stop with BAC 0.08 or higher, the vehicle is immediately impounded for 7 days:
| Fee | Cost |
|---|---|
| Towing | $200–$400 |
| Storage (7 days) | $210–$350 |
| Release Fee | $50–$100 |
| Total | $460–$850 |
These costs apply regardless of conviction—you pay them even if later found not guilty.
Young and Novice Driver Provisions
Drivers under 21 and those with novice licenses (G1, G2, M1, M2) face zero-tolerance requirements:
- Must maintain 0.00% BAC at all times
- Same escalating penalties as other drivers for any violation
- Three administrative suspensions result in license cancellation
- Must retake all driving tests to regain license
Ottawa-Specific Information
Ottawa Police Enforcement Statistics
In 2025, Ottawa Police intensified impaired driving enforcement:
- 752 drivers charged with impaired-related offenses as of November 2025
- Festive RIDE Program: 76 locations, 6,924 driver stops, 27 impaired-related charges
- Regular patrol: 94 additional drivers charged during non-RIDE enforcement
Ottawa Police now publish RIDE enforcement locations weekly rather than keeping them secret. This transparency encourages drivers to plan alternate transportation.
Legal Resources in Ottawa
Legal Aid Ontario (Government Program)
- Phone: 1-800-668-8258
- Hours: Monday–Friday, 8am–5pm
- Service: Free legal representation for eligible low-income individuals
Community Legal Services of Ottawa
Downtown Location:
- Address: 1 Nicholas Street, Suite 422, Ottawa ON K1N 7B7
- Phone: 613-733-0140
- Hours: Monday–Wednesday 8:30am–12pm, 1pm–4:30pm; Thursday 8:30am–12pm; Friday 8:30am–12pm, 1pm–4:30pm
West Location:
- Address: 1299 Richmond Road, Ottawa ON K2B 7Y4
- Phone: 613-733-0140
Court Information
Impaired driving charges in Ottawa are processed through:
- Ottawa Provincial Court (summary conviction matters)
- Ontario Superior Court (indictable matters and sentencing)
First court appearance typically occurs within 3–7 days of arrest. Secure legal representation immediately.
What to Do If Stopped
Knowing your rights during a traffic stop can protect you while ensuring you cooperate appropriately.
At the Roadside
- Stay calm: Pull over safely, turn off the engine, and keep your hands visible
- Provide documents: License, registration, and proof of insurance are required
- Understand your obligations: Roadside breath screening is mandatory—refusal triggers automatic 90-day suspension and criminal charges
- Be honest: Police will ask if you’ve consumed alcohol
If Arrested
- Remain silent: Exercise your right not to answer questions beyond providing identification
- Request a lawyer: Say “I want to speak to a lawyer” immediately
- Contact Legal Aid Ontario: 1-800-668-8258 if you cannot afford private counsel
- Document everything: Mental notes about the stop, tests administered, and statements made
- Attend all court dates: Failure to appear results in additional charges and arrest warrants
Prevention Strategies
The safest approach is never driving after consuming alcohol or drugs. Here’s how to plan ahead:
Before Going Out:
- Designate a driver (who must maintain 0.00% BAC)
- Check OC Transpo schedules for transit options
- Have rideshare apps (Uber, Lyft) ready on your phone
- Save taxi company numbers
- Arrange to stay overnight if needed
Understanding Impairment:
- Impairment begins well before the 0.08% legal limit
- Body weight, food consumption, and medication affect absorption rates
- “Feeling fine” is not a reliable measure of sobriety
- The only safe amount to drink before driving is zero
FAQ
Q: What’s the difference between “impaired driving” and “over 80”?
“Impaired driving” focuses on behavioral impairment—how alcohol or drugs affect your driving ability. The Crown must prove impairment through officer observations. “Over 80” simply requires proof that your BAC exceeded 0.08% through breath or blood testing, regardless of observable impairment. Over 80 is easier to prove and more commonly charged.
Q: What happens if I refuse a breath test?
Refusal is a serious offense carrying immediate 90-day license suspension, 7-day vehicle impoundment, criminal charges, and all penalties of a conviction including potential jail time. Courts rarely accept refusals without medical justification.
Q: Can I reduce a lifetime driving suspension?
After serving a minimum 10-year suspension, you may apply for reinstatement by demonstrating completion of remedial programs, successful ignition interlock compliance, medical evaluation, and strong rehabilitation evidence. Reinstatement is not guaranteed.
Q: Will insurance cover accidents if I’m convicted of impaired driving?
No. Insurance policies explicitly exclude accidents occurring while impaired. The insurer will deny all claims, leaving you personally liable for damages potentially reaching hundreds of thousands of dollars.
Q: Can I drive for work during suspension?
No. Ontario does not offer “hardship licenses” for impaired driving suspensions. The suspension is absolute—no driving is permitted regardless of employment need.
Q: How long does a case take to resolve?
Simple cases may resolve in 6–12 months if you plead guilty. Contested cases involving breath test challenges or procedural violations can take 18–36 months or longer.
Q: What is the Back on Track program?
Back on Track is Ontario’s mandatory education and assessment program for impaired driving offenders. It costs approximately $634 and includes substance abuse assessment, classroom education, and counseling. Completion is required before license reinstatement.
Q: Can an impaired driving conviction be pardoned?
Yes, after completing your sentence and all conditions, you may apply for a Record Suspension through the National Parole Board. Eligibility is 5 years after completion for summary offenses or 10 years for indictable offenses. A pardon removes the conviction from public databases but doesn’t erase it entirely.
Final Thoughts
Ontario’s 2026 impaired driving laws leave no room for error. A single mistake can result in thousands of dollars in costs, a criminal record affecting your career and travel, and years of driving restrictions. The message from the province is clear: there is no acceptable level of impairment behind the wheel.
For Ottawa residents, the resources exist to make safe choices. OC Transpo runs throughout the night on weekends, rideshare services are widely available, and designated drivers remain the gold standard. The few dollars spent on a cab ride home pale in comparison to the life-altering consequences of an impaired driving conviction.
If you’ve been charged, seek legal representation immediately. Legal Aid Ontario (1-800-668-8258) provides free services for those who qualify, and private lawyers specializing in impaired driving defense can sometimes identify procedural issues that affect your case. But the best advice remains the simplest: if you’re going to drink, don’t drive.
Stay safe on Ottawa roads. For more safety information, see our guides to winter driving and parking bans and common scams to avoid.
