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.

Dangerous Driving

249(1)

No Minimum
Max: 5 years or summary


Discretionary

1 year

Dangerous CBH

249(3)

No Minimum

10 years

Discretionary

5 years

Dangerous Death

249(4)

No Minimum
14 years

Discretionary

5 years

Flight from Police

249.1

No Minimum
Max: 5 years or summary

Discretionary

1 year

Flight CBH

249.1(4)(a)

No Minimum

Max: 14 years

Discretionary

5 years

Flight Death

249.1(4)(b)

No Minimum

Max: Life

Discretionary

5 years

Criminal Negligence
Cause Death 
Street Racing

249.2

No Minimum

Max: Life

Jail term + 1 year*

5 years

Criminal Negligence
CBH – Street Race

249.3

No Minimum

Max: 14 years

First: Jail term + 1-10 year

Sec: Jail term + 2-10 years

Third: Jail term + min 3 years, no max*

5 years

Dangerous Driving
Street Racing

249.4

No Minimum

Max: 5 years or summary

First: 1-3 years

Second: 2-5 years

Third: Min 3 years, no max

1 year

Dangerous Driving
Street Racing CBH

249.4(3)

No Minimum

Max: 14 years

First: Jail term + 1-10 year

Sec: Jail term + 2-10 years

Third: Jail term + min 3 years, no max*

5 years

Dangerous Driving

Street Race/Death

249.4(4)

No minimum

Jail term + 1-10 years*

5 years

*** Prior related conviction may lead to lifetime driving prohibition from Court

Fail to Stop

Accident

252

No Minimum

Max: 5 years or summary

Discretionary

1 year

Fail to Stop

Accident Bodily Harm

252(1.2)

No Minimum

Max: 10 years

Discretionary

5 years

Fail to Stop

Accident Death

252(1.3)

No Minimum

Max: Life

Discretionary

5 years

Impaired Driving/

Drive over 80/

Care and control

253(1)(a)

253(1)(b)

Minimum:

First - $1000 fine


Sec – 30 days


Third – 120 days


Maximum: 5 years or Summary 18 months


1-3 years/

interlock 3 mos

2-5 years/
interlock 6 mos

Min 3 years/
interlock 12 mos


1 year


3 years


5 years

Impaired Driving/

Drive over 80 CBH

255(2)/

255(2.1)

No Minimum

Max: 10 years

Discretionary

5 years

Refusal CBH

255(2.2)

No Minimum

Max: 10 years

Discretionary

5 years

Impaired Driving/

Drive over 80 Death

255(3)/

255(3.1)

No Minimum

Max: Life

Discretionary

5 years

Refusal Death

255(3.2)

No Minimum

Max: Life

Discretionary

5 years

Drive Disqualified

259(4)

No Minimum

Discretionary

6 months

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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