What Is Ontario's Legal Alcohol Limit for Driving?
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In Ontario, the federal criminal limit is a blood alcohol concentration (BAC) of 0.08% (80 mg of alcohol per 100 mL of blood). But provincial penalties can apply well before that — starting at 0.05% under Ontario’s “warn range” — and drivers under 21 or with a G1/G2 licence face a zero-tolerance rule of 0.00%.
The Three BAC Thresholds Every Ontario Driver Should Know
- 08% and above — criminal limit: driving at or above this level is a criminal offence under the federal Criminal Code of Canada, regardless of how well you feel you’re driving.
- 05%–0.079% — the “warn range”: not a criminal charge, but Ontario’s Highway Traffic Act allows police to issue an immediate administrative licence suspension and fine at this level.
- 00% — zero tolerance: applies to all drivers under 21, and to anyone holding a G1 or G2 (novice) licence, regardless of age.
The Criminal Code Provision Behind the 0.08% Limit
The criminal BAC limit is set out in section 320.14 of the Criminal Code of Canada, which makes it an offence to operate a motor vehicle with a blood alcohol concentration equal to or above 80 mg of alcohol per 100 mL of blood within two hours of driving. This is commonly referred to as an “over 80” charge. A separate charge — impaired operation — can apply even below 0.08% if your ability to drive was visibly affected by alcohol or drugs.
What Happens at Each BAC Level
Warn range (0.05%–0.079%): This is a provincial, non-criminal penalty. A first occurrence typically results in a short roadside licence suspension and a fine; repeat occurrences within a set period bring escalating suspensions, mandatory education programs, and — from a third occurrence — participation in the ignition interlock program.
Criminal limit (0.08% and above): A criminal charge carries an immediate roadside licence suspension, vehicle impoundment, a mandatory minimum fine on a first conviction, and a permanent criminal record if convicted. Sentences escalate for repeat offences and can include jail time.
Zero tolerance (novice and under-21 drivers): Any detectable alcohol can trigger an immediate suspension, even a fraction of the warn-range threshold that would be permitted for a fully licensed adult driver.
Refusing a Breath Test
Refusing to provide a breath sample when lawfully demanded by police is itself a criminal offence under the Criminal Code, and in many cases carries penalties as severe as — or more severe than — an “over 80” conviction. Refusal is not a way to avoid a charge.
What to Do If You've Been Charged
A DUI or “over 80” charge can affect your licence, your insurance, your employment, and your ability to travel — but a charge is not the same as a conviction. The specific facts of the stop, the reliability of the testing equipment, and whether your rights were respected during the process can all open up defence options. If you’ve been charged with impaired driving or a related offence, it’s worth understanding related processes too, such as Ontario’s ignition interlock program and how it differs from a dangerous driving charge, which is a separate offence entirely.
N Sandhu Law offers a free consultation to review your specific charge and explain your realistic options. Every case depends on its own facts, and no outcome can be guaranteed in advance.
As an experienced criminal lawyer toronto drivers turn to for DUI and impaired driving matters, our team also handles the full range of driving-related offences through our DUI Lawyer Toronto practice.
Frequently Asked Questions
Is 0.05% BAC illegal in Ontario?
It’s not a criminal offence, but it does trigger provincial administrative penalties under Ontario’s warn range, including a licence suspension and fine.
What is the actual criminal limit for driving in Ontario?
0.08% blood alcohol concentration (80 mg of alcohol per 100 mL of blood), set out in section 320.14 of the Criminal Code of Canada.
Do zero-tolerance rules apply to all drivers?
No. Zero tolerance (0.00% BAC) applies specifically to drivers under 21 and to G1/G2 novice licence holders, regardless of age.
Can I be charged with impaired driving below 0.08%?
Yes. Impaired operation is a separate charge that can apply if your ability to drive was visibly affected by alcohol or drugs, even if your BAC is under the 0.08% threshold.