What is the Legal Blood Alcohol Limit in Ontario?

If you choose to have a drink before driving in Ontario, it is crucial to understand the legal blood alcohol limit and the serious consequences of exceeding it.

The consequences associated with an impaired driving (DUI) charge are potentially life-changing, with hefty fines, license suspension, a criminal record and even imprisonment possible in addition to any accident injuries suffered.

Let’s go through the legal blood alcohol concentration (BAC) levels that apply in Ontario.

BAC or Blood Alcohol Concentration measures the amount of alcohol present in a person’s bloodstream. It is one of the tests used by law enforcement in Ontario to assess the level of impairment of drivers who are operating motor vehicles.

BAC is measured in milligrams of alcohol per 100 milliliters of blood (mg/ml) or as a percentage.

In Ontario, the standard legal limit for most drivers is 0.08% or 80 milligrams (0.08 grams) of alcohol per 100 millilitres of blood. Drivers at or above this level are considered to be operating a vehicle with impaired judgment, coordination, and reaction time. This is seen to increase the risk of accidents.

However, the alcohol limits are even more stringent for some classes of drivers and they vary based on the type of license held. These variations are explained below:

Two main methods are used by law enforcement in Ontario to measure BAC levels:

• Breathalyzer tests: a common roadside test where drivers “blow into a bag” so that the alcohol content in the breath can be measured and the level of intoxication gauged. The results of these tests are often disputed by criminal defence lawyers.
• Blood tests: a more precise method of measuring BAC, using a blood sample and lab analysis, which is more challenging (but not impossible) to dispute.

Factors influencing BAC in Ontario

Two people can drink the same amount of alcohol and be affected differently by it. So, it’s important to understand the factors that may influence your BAC reading.

• Weight: low body weight usually leads to a more rapid BAC increase after alcohol consumption.
• Gender: generally speaking, women register higher readings than men of the same weight.
• Food intake: eating food before or with alcohol usually slows down the alcohol absorption process while drinking on an empty stomach may speed it up.
• Metabolism: Different people metabolize alcohol at different rates, also affecting BAC levels.

Ontario has strict penalties for drivers caught with blood alcohol concentration (BAC) levels above the legal threshold. The consequences increase based on how high your BAC is and whether you have prior impaired driving offences on record.

Warn Range BAC (0.05% – 0.079%)

Even if your BAC is below the criminal limit, you can still face administrative penalties:

• First Offence: 3-day licence suspension and $250 fine.
• Second Offence: 7-day licence suspension, $350 fine, and mandatory alcohol education program.
• Third Offence: 30-day licence suspension, $450 fine, and referral to a mandatory treatment program.

Criminal BAC (0.08% or Higher)

A BAC at or above 0.08% is considered a criminal offence and triggers both immediate and long-term penalties:

Immediate penalties:

• 90-day licence suspension
• 7-day vehicle impoundment

Upon conviction:

• Minimum $1,000 fine (higher for repeat offenders)
• Mandatory enrolment in Ontario’s Back on Track rehabilitation program
• Installation of an Ignition Interlock Device on your vehicle
• A permanent criminal record, which can impact employment, immigration status, and travel
• Substantial increases to auto insurance premiums

Whether you are facing your first charge or have prior impaired driving history, these penalties can have long-term consequences. The best way to protect your future is to speak with a criminal defence lawyer who understands Ontario’s impaired driving laws.

At Affordable Defence, our experienced lawyers in Ottawa can review your case, explain your rights, and help you pursue the best possible outcome. Contact us today for a free consultation.

Even a first-time impaired driving charge in Ontario is a serious criminal offence. The penalties can vary depending on your licence type, your blood alcohol concentration (BAC), and whether you refused testing. Importantly, you can still face legal consequences even if your BAC is below the 0.08% criminal limit.

First-time offenders in the “Warn Range” (0.05%–0.079%)

• 3-day licence suspension
• $250 administrative penalty

First-time offenders at or above the criminal limit (0.08% or higher)

• Immediate roadside 90-day licence suspension
• 7-day vehicle impoundment
• $550 administrative penalty
• Additional penalties upon conviction, including a criminal record, fines starting at $1,000, and mandatory participation in education and treatment programs

First-time offenders who refuse or fail a breath or blood test

• Treated the same as those who blow over 0.08%, with immediate and long-term sanctions

Zero-tolerance groups (first offence)

• Drivers under 21 or with G1, G2, M1, or M2 licences: 3-day licence suspension and a fine between $60 and $1,000 if convicted, plus a $250 administrative penalty
• Commercial drivers operating a vehicle with any alcohol in their system: 3-day licence suspension and $250 fine

While jail time is rare for first-time offenders, it may be imposed in cases involving aggravating factors such as a crash, injuries, or prior impaired driving history.

If you’ve been charged with impaired driving in Ontario, even for the first time, it’s essential to seek legal advice immediately. At Affordable Defence, our Ottawa-based criminal defence lawyers can help you understand your rights and fight to protect your future. Contact us today for a free consultation.

If you are stopped and charged with impaired driving in Ontario, you are facing serious legal consequences. A conviction for driving over the legal limit can result in a criminal record, which may affect your ability to work, travel internationally, or maintain immigration status—even after your licence is reinstated and fines are paid.

It’s important not to simply plead guilty or accept the charge without understanding your legal options. Request to speak with a criminal defence lawyer as soon as possible after being arrested, tested, or charged. Early legal advice is critical for protecting your rights and identifying possible defences.

You can also take immediate steps to protect yourself, including:

• Cooperate with police: Follow all lawful instructions during the stop and afterward, including submitting to a breath or blood test. Do not resist or become confrontational.
• Exercise your right to silence: You are not required to explain your actions. Avoid making statements that could be used against you later. Politely inform officers that you wish to speak to a lawyer.
• Do not refuse testing: Refusing a breath or blood test can lead to an automatic licence suspension and additional penalties if you are convicted.

Being charged with impaired driving can be overwhelming—especially for first-time offenders who have never dealt with the Ontario legal system. However, you don’t have to go through the process alone.

At Affordable Defence, our Ottawa-based criminal defence lawyers can assess your case, explain your legal options, and help you build a strong defence. Contact us today for a free consultation.