Photo: Ken Lund, CC BY-SA 2.0, via Wikimedia Commons
If you are a new driver anywhere in Canada, the legal amount of alcohol in your blood when you drive is zero. Most provinces also set zero for drugs, including cannabis. Penalties come in two layers. Your province can suspend your licence at the roadside for any detectable alcohol. The federal Criminal Code applies to every driver at 80 mg of alcohol per 100 mL of blood, or at set THC levels. This guide explains both layers and what a single mistake costs a learner or novice in each province.
Key facts
- Criminal Code limits for every driver, measured within two hours of driving: 80 mg of alcohol per 100 mL of blood; 2 to 5 ng of THC per mL (the less serious offence); 5 ng or more (the more serious offence); or 50 mg of alcohol plus 2.5 ng of THC combined.
- Minimum penalty for a first Criminal Code conviction: a $1,000 fine, rising to $1,500 or $2,000 at higher alcohol readings. Second offence: 30 days in jail. Third: 120 days.
- Police can demand a breath sample from any lawfully stopped driver, without suspecting you have been drinking.
- For new drivers, provincial penalties start at any detectable amount: for example 7 days’ suspension in Ontario, 6 months in Nova Scotia, and a year in New Brunswick.
Federal law: the Criminal Code limits
| Offence (within 2 hours of driving) | 1st offence minimum | 2nd | 3rd |
|---|---|---|---|
| Alcohol 80 to 119 mg per 100 mL | $1,000 fine | 30 days’ jail | 120 days’ jail |
| Alcohol 120 to 159 mg | $1,500 fine | 30 days’ jail | 120 days’ jail |
| Alcohol 160 mg or more | $2,000 fine | 30 days’ jail | 120 days’ jail |
| THC 5 ng/mL or more, or alcohol and THC combined | $1,000 fine | 30 days’ jail | 120 days’ jail |
| Refusing a breath or blood demand | $2,000 fine | 30 days’ jail | 120 days’ jail |
| THC 2 to under 5 ng/mL | Maximum $1,000 fine | Maximum $1,000 fine | Maximum $1,000 fine |
Maximums: 10 years for impaired driving; 14 years for causing bodily harm (on indictment); life for causing death. You can be charged with impaired driving without reaching any number. BC’s guide notes police can act if your ability is affected by alcohol or drugs, even below .08 or 2 ng of THC.
Licence suspensions after a Criminal Code conviction
- Ontario: at least 1 year (first conviction), at least 3 years (second within 10 years), lifetime (third within 10 years, possibly reduced after 10 years), lifetime with no reduction (fourth).
- British Columbia: prohibition of 1 to 3 years (first), 2 to 5 years (second), 3 years to lifetime (third).
- Prince Edward Island: licence cancelled and disqualified for 1 year (first), 3 years (second), 5 years (third or later).
- Northwest Territories: at least one year’s prohibition. A criminal record stays for at least 10 years and can affect travel abroad.
Zero tolerance: what happens to a new driver caught with any alcohol
| Jurisdiction | Who it covers | Penalty for any alcohol (first time) |
|---|---|---|
| Ontario | All drivers 21 and under; all G1, G2, M1, M2 (alcohol and drugs) | Immediate 7-day suspension, $250 penalty, 8-hour education course. If convicted: a fine of $60 to $1,000 and a further 30 or 90-day suspension, or cancellation of the licence |
| Quebec | Learner and probationary holders of any age; all drivers under 22 | Immediate 90-day suspension. If convicted: 4 demerit points (the full threshold for a learner or probationary licence) and a fine of $300 to $600 (check current figures with SAAQ) |
| British Columbia | L, N, and the first 12 months of Class 5 after the Driving Record Assessment (alcohol and drugs) | Possible roadside suspension or prohibition, fine, penalty points and impoundment. A prohibition in the N stage resets the clock to zero. |
| Saskatchewan | “New drivers”: 21 and under, learners, Novice 1 and 2, no licence in last 5 years, and more. Zero drugs for every driver. | 60-day roadside suspension, vehicle impoundment and a required Driving Without Impairment program. Escalates to 120 days, then 18 months. |
| Nova Scotia | Learners and newly licensed drivers | 6-month suspension. The two-year newly licensed period starts over. |
| New Brunswick | Drivers in the graduated period (alcohol and drugs) | One-year suspension. You restart graduated licensing with no credit for tests or courses. |
| Newfoundland and Labrador | Level I and II | Immediate roadside suspension of 2 months (4 for a second offence, 6 for a third), plus an Alcohol Education Program. You restart your level. |
| Prince Edward Island | All GDL stages; all drivers under 22, even after leaving graduated licensing | 24-hour roadside suspension plus a 90-day administrative prohibition |
| Northwest Territories | GDL drivers and anyone under 22 | Automatic 30-day suspension |
| Alberta | Class 7 and Class 5-GDL | IRS ZERO Novice: immediate 30-day licence suspension, 7-day vehicle seizure, $200 fine plus 20 per cent victim fine surcharge (Driver’s Guide, p. 112; alberta.ca, “Impaired driving penalties”) |
| Manitoba | Learners and novices, and the first 36 months of a full licence | Immediate 24-hour roadside suspension, a possible further suspension and a reinstatement charge (MPI Driver’s Handbook) |
| Yukon | Learners (and their co-driver) and novices | Possible immediate suspension and impound, and your graduated licensing clock resets to zero (Yukon Driver’s Basic Handbook, p. 139) |
| Nunavut | Learners and novices | 30-day roadside suspension. Check the other penalties with Nunavut Motor Vehicles |
Warn-range suspensions for experienced drivers
Once you leave zero tolerance, provinces still suspend drivers below the Criminal Code limit:
- Ontario (0.05 to 0.079): 7 days for a first offence, 14 days for a second, 30 days for a third. At 0.08 or more, or for refusing a test, an immediate 90-day suspension, 7-day vehicle impoundment and a $550 penalty.
- Saskatchewan (over .04 to .08): applies to experienced drivers (22 and over, out of GDL). Roadside suspension of 3 days for a first offence, 21 for a second, 90 for a third. A criminal impaired charge brings an indefinite roadside suspension until the case is resolved.
- Prince Edward Island (over .05 to .08): 24 hours for a first offence, 30 days for a second within 24 months, 90 days for a third. An impaired driving charge brings a 90-day administrative driving prohibition.
- Northwest Territories: fully licensed drivers over 50 mg may face charges under territorial law. Over 80 mg brings Criminal Code charges. Driving while suspended: 5 demerit points, a 30-day vehicle seizure and fines of at least $345.
Ignition interlock
Many provinces require an alcohol-sensing device that stops the car from starting if you have been drinking.
- Ontario: six months of ignition interlock after a third offence under its young and novice driver penalties.
- Saskatchewan: mandatory after repeat new-driver suspensions.
- Northwest Territories: drivers convicted under the Criminal Code can apply for an early return to driving with an interlock. The car won’t start at 30 mg or more. A reading of 20 to 29 mg records a warning.
Cannabis, prescription drugs and new drivers
- Ontario, British Columbia, Alberta, Manitoba, Prince Edward Island, New Brunswick, Yukon and Nunavut all set zero drugs for new drivers. Saskatchewan sets zero drugs for everyone.
- BC’s zero blood drug concentration covers THC and other listed drugs. Any trace can bring a GLP penalty.
- Prescription and over-the-counter medicines can impair you too, and handbooks (BC, Saskatchewan, PEI) warn that combining them with alcohol is especially dangerous.
What one charge costs a learner
An Ontario G2 driver, aged 19, is stopped and blows a reading above zero. Immediately: a 7-day suspension, a $250 penalty and an 8-hour education course. If convicted: a fine of $60 to $1,000 and a further suspension, or cancellation of the novice licence. A reinstatement fee applies each time a licence is suspended. The same reading in New Brunswick would mean a one-year suspension and restarting graduated licensing from the beginning.
Common questions
Can I have one drink if I’m a novice driver?
No. Learners and novices must be at zero in every province and territory. In Ontario, Saskatchewan, Quebec, Newfoundland and Labrador, Prince Edward Island and the Northwest Territories, zero alcohol also lasts until your 22nd birthday, even after you leave graduated licensing.
What is the legal limit in Canada?
The Criminal Code limit is 80 mg of alcohol per 100 mL of blood (0.08). Provinces also suspend licences at lower levels: 0.05 in Ontario and Prince Edward Island, and over 0.04 in Saskatchewan.
Can police breathalyze me without a reason?
Yes. Under federal law, police can demand a breath sample from any driver they have lawfully stopped, with no suspicion needed. Refusing carries a minimum $2,000 fine.
How long does a THC reading count?
The federal limits apply to the level in your blood within two hours of driving. THC can stay in your system long after you stop feeling high. For a zero-drug new driver, any detectable amount can bring a penalty.
Does an impaired driving charge reset my graduated licence?
Often, yes. A prohibition resets BC’s N stage. New Brunswick restarts you with no credit. Nova Scotia restarts the two-year wait, and Newfoundland and Labrador makes you restart your level.
Province detail: Saskatchewan zero tolerance, zero alcohol in Quebec until 22, Alberta immediate roadside sanctions, NWT impaired driving and ignition interlock. Rules by stage: Canadian graduated licensing compared. National overview: learning to drive in Canada.
Sources
- Department of Justice Canada, “Impaired Driving Laws” (justice.gc.ca)
- Department of Justice Canada, “Frequently Asked Questions: Drug-Impaired Driving Laws” (justice.gc.ca)
- Government of Ontario, “Impaired driving” (ontario.ca)
- Government of Ontario, “Get a G driver’s licence: new drivers” (ontario.ca)
- ICBC, “Learn to Drive Smart, Chapter 9: Your licence” (icbc.com)
- ICBC, “Graduated Licensing Program changes” (icbc.com)
- SGI, “Saskatchewan Driver’s Handbook”, Chapters 7 and 8 (sgi.sk.ca)
- SAAQ, “First Driver’s Licence” and Module 10 “Alcohol and Drugs” (saaq.gouv.qc.ca)
- Service Nova Scotia, “Learner’s Licence” and “Newly Licensed Driver” (novascotia.ca)
- Government of New Brunswick, “Graduated drivers’ licences” (gnb.ca)
- Government of Newfoundland and Labrador, “Graduated Driver Licencing Program” (gov.nl.ca)
- Government of Prince Edward Island, “Prince Edward Island Driver’s Handbook” and GDL information booklet (princeedwardisland.ca)
- Government of the Northwest Territories, “NWT Driver’s Manual”, Chapter 9 (inf.gov.nt.ca)
- Manitoba Public Insurance, “Driver’s Handbook: Graduated Driver Licensing” (apps.mpi.mb.ca)
- Government of Alberta, “Class 7 learner’s licence” (alberta.ca)
- Government of Yukon, “Get a driver’s licence” and “Driver’s Basic Handbook” (yukon.ca)
- Government of Alberta, “Impaired driving penalties” and “Alberta Driver’s Guide”, Spring 2023 (alberta.ca)