Criminal Code Driving Offences

Impaired Driving Offences

Impaired driving offences are generally separated into three groups: impaired operation, driving over the legal limit, and refusing or failing to provide a breath sample. Each of these charges presumes that an individual has been operating a motor vehicle while impaired by alcohol.

249

Dangerous

Hybrid Offence 

  • Crown can elect to proceed summarily or by indictment.

Indictable: 5 years jail

Summary: 6 months jail/$5,000

Discretionary Driving Prohibition
0-3 Years

1 year disqualification

249(4)

Dangerous causing death

Indictable.

14 years jail


Discretionary Driving Prohibition
0-3 Years

5 year disqualification

249(3)

Dangerous causing bodily harm

Indictable

10 years jail


Discretionary Driving Prohibition
0-3 Years

5 year disqualification

249.1

Flight 

  • fail to stop promptly when being pursued by a peace officer

Hybrid Offence 

  • Crown can elect to proceed summarily or by indictment.

Indictable: 5 years jail

Summary: 6 months jail/$5,000

Discretionary Driving Prohibition
0-3 years

1 year disqualification

249.1(3)

Flight causing death

Indictable

Life imprisonment


Discretionary Driving Prohibition
0-3 years

5 year disqualification

249.1(3)

Flight causing death

Indictable

Life imprisonment


Discretionary Driving Prohibition
0-3 years

5 year disqualification

249.2

Criminal Negligence while Street Racing causing death

Indictable

Life Imprisonment


Mandatory Driving Prohibition
1 year minimum

1 year disqualification

249.3

Criminal Negligence while Street Racing causing bodily harm

Indictable

14 years jail


Mandatory Driving Prohibition
1st Offence: 1-10 years
2nd Offence: 2-10 years
3rd or More Offence: 3+ years

1 year disqualification

249.4

Dangerous Driving while Street Racing

Hybrid Offence 

  • Crown can elect to proceed summarily or by indictment.

Indictable: 5 years jail

Summary: 6 months jail/$5,000

Mandatory Driving Prohibition
1st Offence: 1-3 years
2nd Offence: 2-5 years
3rd or More Offence: 3 years minimum

1 year disqualification

249.4(4)

Dangerous Driving while Street Racing causing death

Indictable

Life imprisonment


Mandatory Driving Prohibition
1-10 years

1 year disqualification

249.4(3)

Dangerous Driving while Street Racing causing bodily harm

Indictable

14 years jail


Mandatory Driving Prohibition
1st Offence: 1-10 years
2nd Offence: 2-10 years
3rd or More Offence: 3+ years

1 year disqualification

252

Fail to Stop at the Scene of an Accident

Hybrid Offence 

  • Crown can elect to proceed summarily or by indictment.

Indictable:5 years jail

Summary: 6 months jail/$5,000

Discretionary Driving Prohibition
0-3 years

1 year disqualification

252(1.2)

Fail to Stop at the Scene of an Accident causing bodily harm

Indictable

Indictable:10 years jail

Summary: 6months jail/$5,000

Discretionary Driving Prohibition
0-3 years

5 year disqualification

252(1.3)

Fail to Stop at the Scene of an Accident causing death

Indictable

Life Imprisonment


Discretionary Driving Prohibition
0-3 years

5 year disqualification

253(1)(a)

Impaired Operation

Hybrid Offence 

  • Crown can elect to proceed summarily or by indictment.

Summary: 18 months jail/$5,000

Indictable: 5 years jail

1st Offence:1 year disqualification

2nd Offence: 3 year disqualification*

3rd Offence: 5 year disqualification

253(1)(b)

Driving “Over 80”

Hybrid Offence

  • Crown can elect to proceed summarily or by indictment.

Minimum Sentencing

1st Offence: $1,000 fine
2nd Offence: 30 days jail
3rd or More Offence: 120 days jail

Mandatory Driving Prohibitions
1st Offence: 1-3 years
2nd Offence: 2-5 years
3rd or More Offence: Minimum 3 years

*2nd or 3rd offence in 10 years

254(5)

Refusal/Failure

  • Blood Samples
  • Breath Samples
  • Screening Procedures

Hybrid Offence 

  • Crown can elect to proceed summarily or by indictment.

Summary: 18 months jail/$5,000

Indictable: 5 years jail

Minimum Sentencing
1st Offence: $1,000
2nd Offence: 30 days jail
3rd or More Offence: 120 days jail

Mandatory Driving Prohibitions
1st Offence: 1-3 years
2nd Offence: 2-5 years
3rd or More Offence: Minimum 3 years

1st Offence: 1 year disqualification

2nd Offence: 3 year disqualification*
3rd Offence: 5 year disqualification*

*2nd or 3rd offence in 10 years

255(2)


255(2.1)


255(2.2)

Impaired causing bodily harm


“Over 80” causing bodily harm


Refusal/Failure causing bodily harm

Indictable

10 years jail


Discretionary Driving Prohibitions
0-10 years

5 year disqualification

255(3)

Impaired causing death

Indictable

Life imprisonment 

Discretionary Driving

5 year disqualification

255(3.1)


255(3.2)

“Over 80” causing death


Refusal/Failure causing death

Indictable

Prohibition

“any period that the Court considers proper”

5 year disqualification

259(4)

Drive While Disqualified

Hybrid Offence 

  • Crown can elect to proceed summarily or by indictment.

Indictable: 5 years jail

Summary: 6 months jail/$5,000

Mandatory Driving Prohibitions
1st Offence: 1-3 years
2nd Offence: 2-5 years
3rd or More Offence: Minimum 3 years

6 month disqualification

Driving While Disqualified

If you are convicted of any of the above offences you will be sentenced to a minimum one year criminal driving prohibition. This prohibition will prevent you from operating a motor vehicle on any street, road, highway, or other public place. 


If you operate a motor vehicle during your prohibition, you may be charged with an offence under section 259(4) of the Criminal Code. If you are convicted of driving while disqualified, your sentence may range from a fine to jail.

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