Criminal Code

s. 320.19 Punishment — Transportation Offences

Punishment

Impaired Driving & Transportation
Impaired Driving

Maximum sentence: Varies by underlying offence, see ss. 320.13–320.18
Classification: Not an offence

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 320.19

Verify on justice.gc.ca

(1)Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b)an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for a term of 120 days.
(2)Everyone who commits an offence under subsection 320.14(4) is liable on summary conviction to a fine of not more than $1,000.
(3)Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to (a) a fine of not less than $1,500, if the person’s blood alcohol concentration is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood; and
(b)a fine of not less than $2,000, if the person’s blood alcohol concentration is equal to or exceeds 160 mg of alcohol in 100 mL of blood.
(4)Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000.
(5)Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.

Amendment History (2)

2018, c. 21, s. 15
2019, c. 25, s. 402

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Immigration

Where this offence sits under IRPA

This section sets the penalties for the driving crimes. Most carry 10 years on indictment, so deemed rehabilitation does not apply to a matching conviction outside Canada (IRPR r.18). For such a conviction, an application to be found rehabilitated can be made 5 years after the imposed sentence ends (IRPR r.17). For a conviction in Canada, the route is a record suspension.

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.