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← Back to Law ExplorerLast verified: March 2026 · Source: laws-lois.justice.gc.ca
Impaired Driving & TransportationHybrid
§320.14

Operation While Impaired

Operation while impaired

Impaired Driving
Maximum Sentence

10 years (base) / 14 years (bodily harm) / life (death)

Classification: Hybrid
🍁 Immigration Impact

Critical section for immigration. Since Bill C-46 (December 2018), impaired driving carries a maximum 10-year sentence, making it serious criminality under IRPA s.36(1). A single DUI conviction can now bar entry to Canada. Previously classified as criminality under s.36(2) with a 5-year maximum.

Legal Text — Criminal Code s. 320.14

Everyone commits an offence who (a) operates a conveyance while the person's ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug; (b) has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood; (c) has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or (d) has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

Amendment History (1)
2018, c. 21, s. 15
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