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You may also face criminal charges with a BAC over 0.08.

It is an offence under the Criminal Code of Canada to drive while impaired by alcohol, drugs or a combination of both. The criminal threshold is 0.08 BAC. Police can demand that suspected impaired drivers provide a breath sample into an ASD and/or perform a physical coordination test. Failure or refusal to comply is also a criminal offence.

Upon criminal conviction of impaired driving charges in B.C., drivers are subject to court-ordered consequences, which include a $1000 fine, a driving prohibition independent from any administrative prohibitions, and possible jail time

Table – Criminal Code Consequences

	First Conviction	Second Conviction	Subsequent Convictions
Court-ordered Driving Prohibition	1 – 3 years	2 – 5 years	3 – 5 years
Minimum Fine / Imprisonment	$1,000	30 days imprisonment	120 days imprisonment

NOTE: offenders convicted under section 224 of the Motor Vehicle Act face punishment of a $100 – $2000 fine, or seven days to six months imprisonment, or both.

Additionally, criminally convicted drivers face referral into B.C.’s Indefinite Licence Suspension Program.

If they do regain their driving privileges, they will be required to participate in remedial programming as well as face increased insurance premiums.

Administrative sanctions will apply if:

• You are caught driving with a blood-alcohol content (BAC) between 0.05 and 0.08, or
• Your BAC is above 0.08, or
• You refuse to provide a breath sample.

If a police officer suspects you are driving impaired, they will ask you to provide a breath sample into a roadside screening device (RSD). Depending on the BAC in the sample, the device will indicate either a Pass, Warn or Fail.

PASS means your breath sample contains a BAC below 0.05.

WARN means your breath sample is between 0.05 and 0.08 BAC. If you are caught in this range:

The first time within a five-year period:

• You will lose your driver’s licence immediately, for three days.
• You may also lose your vehicle for three days. If you do, you will pay all related towing and storage fees.
• You will pay a $200 monetary penalty and a $250 driver’s licence reinstatement fee.

The second time within a five-year period:

• You will lose your driver’s licence immediately, for seven days.
• You may also lose your vehicle for seven days. If you do, you will pay all related towing and storage fees.
• You will pay a $300 monetary penalty and a $250 driver’s licence reinstatement fee.

The third time within a five-year period:

• You will lose your driver’s licence and your vehicle immediately, for 30 days.
• You will pay all related towing and storage fees.
• You will pay a $400 monetary penalty and a $250 driver’s licence reinstatement fee.
• To regain your driving privileges, you will have to complete the Responsible Drivers Program and have to use an Ignition Interlock Device whenever you drive, for one full year, following your driving suspension.

FAIL means your BAC is above 0.08. If you fail or refuse to provide a breath sample:

• You will immediately lose your driver’s licence for 90 days and your vehicle for 30 days.
• You will pay all related towing and storage fees.
• You will pay a $500 monetary penalty and a $250 driver’s licence reinstatement fee.
• To regain your driving privileges, you will have to complete the Responsible Drivers Program [PDF] and have to use an Ignition Interlock Device [PDF] whenever you drive, for one full year, following your driving suspension.
• In all, you will face administrative consequences that will cost you about $4,060 before you can legally operate a motor vehicle again in B.C.
• You may also face charges under the Criminal Code of Canada.

Graduated Licensing Program (‘L’ and ‘N’ drivers) – Driver Consequences

Graduated Licensing Program (GLP) drivers who demonstrate BAC levels greater than zero but less than 0.05, or who police suspect have any level of alcohol or drugs in their system face the following consequences:

• 12-hour immediate roadside Licence Suspension (24-hour for drugs).
• Automatic driving record review by the OSMV and further driving prohibitions according to the Driver Improvement Program (DIP) guidelines.
• Driver’s Licence Reinstatement Fee of $250 following any DIP prohibitions.

GLP drivers who blow a WARN or FAIL are subject to the regular impaired driving sanctions, in addition to their GLP-specific consequences and reviews.

Blood Alcohol Content (BAC) – a unit measuring the amount of alcohol in the body. For Example, 0.05 BAC = 50 milligrams of alcohol per 100 millilitres of blood. For more information about BAC, alcohol and drug effects on the body in BC see, Alcohol, Drugs and Impaired Driving Factsheet [PDF].