Alcohol and the law

If you are going to drink, plan ahead and don’t drive.

Financial, legal, and social problems can result from alcohol use. A conviction for impaired driving can cost $20,000 to $25,000. You can lose your license. You can go to jail. Know the laws and abide by them.

Far too many people have been hurt or killed due to impaired driving on our roads. Laws have been written to reduce this risk. The bottom line is this: if you are going to drink or use drugs, plan ahead and don’t drive. If you are a host, plan ahead and only allow safe choices for your guests. Below is a simple review of laws as they exist in Ontario.

Novice drivers and those 21 and under

Novice drivers (Ministry of Transportation) and those 21 years of age and under cannot have any alcohol in their bloodstream while driving. If they do, they can receive an immediate 24-hour roadside driver licence suspension and, if convicted, will face a fine of $60 to $500 and a 30-day licence suspension. Novice drivers can also be suspended as per the Novice Driver Escalating Sanction scheme (Government of Ontario), up to and including cancellation of the novice licence. They may also have to return to the beginning of the graduated licensing program.

Fully-licensed drivers

Fully licensed (Ministry of Transportation) drivers found with alcohol in their system can face immediate roadside licence suspension for:

refusing a breath test
registering a blood alcohol concentration (BAC)(Government of Ontario) of 0.05 or more

In addition, if your blood alcohol concentration (BAC) is more than 0.08, or you fail or refuse to comply with alcohol or drug testing, you can be convicted under the Criminal Code.

Individuals convicted for driving offences face penalties under the Criminal Code of Canada (Government of Canada) and the Ontario Highway Traffic Act (Government of Ontario). Upon conviction, consequences (Government of Ontario) include an additional suspension period, alcohol education and treatment programs (Back On Track), Ignition Interlock (Government of Ontario) installation and fines.

In addition to the above, vehicles will be impounded if:

drivers are caught driving with a licence suspension (45 days) (Government of Ontario)
refuse breath testing (7 days)
the driver’s blood alcohol level is more than 0.08 (7 days)
the driver is driving without the Ignition Interlock if required to do so from a previous conviction

Regardless of whether the vehicle is rented, leased, or borrowed from a friend or family member, the vehicle will be impounded. The owner will be liable for all towing and impoundment costs. The Ministry of Transportation offers more information on their Vehicle Impoundment Program (Ministry of Transportation).

You may not be driving a car, but you can still lose your licence

There are also consequences for boating (Government of Canada) and driving ATVs (Government of Ontario) or snowmobiles (Government of Ontario) while impaired.

There are costs (Government of Ontario) to drinking and driving. The bottom line is Arrive Alive, Drive Sober (Arrive Alive).

Planning to host an event and serve alcohol?

As the home or business host of an event where alcohol is served, you can be held partially responsible if ¹:

You host a party in your home and provide alcohol to a guest who is obviously intoxicated and who you know is planning to drive.
You organize an alcohol-related function, such as a wedding in a rented hall, and fail to take reasonable steps to ensure the safety of your guests while they are on the property.
You organize a company party at which alcohol is provided to employees and guests who are intoxicated.
You sign a Special Occasion Permit (AGCO) for an event (for example, a licensed street party or dance party), and fail to ensure that the alcohol is served responsibly; that the venue meets fire, building and other legal requirements; that the event is properly managed; and that staff and security people are adequately trained.
You knowingly permit your underage child to host a drinking party in your home or elsewhere on your property.

You are more likely to be held legally responsible if youth under the legal drinking age are involved.

Protect yourself and your guests

Serve alcohol yourself or hire a SmartServe-trained bartender.
Keep non-alcoholic beverage within reach of guests.
Serve foods higher in fats or protein to slow down the absorption of alcohol.
Refrain from making alcohol use the focus of your event.
Make arrangements for overnight accommodations for guests who drink alcohol.
Provide transportation options for guests.

By planning ahead when you serve alcohol, you can reduce the risks for your guests and yourself.

Centre for Addiction and Mental Health (CAMH). (n.d.). Having a party. CAMH. https://www.camh.ca/en/health-info/guides-and-publications/having-a-party

This item was last modified on September 19, 2024