Most BC drivers who blow over the limit get an Immediate Roadside Prohibition. But police can also lay charges under the federal Criminal Code, especially after a crash, a high reading, a refusal or repeat offences. A criminal charge goes to court, and a conviction means a criminal record.
The main charges
- Impaired driving: your ability to drive was impaired to any degree by alcohol, drugs or both.
- Over 80: a blood alcohol concentration of 80 mg per 100 mL of blood or more within two hours of driving.
- Refusal: failing or refusing to comply with a lawful demand for a breath, blood or drug test sample.
- Drug-impaired driving: 5 ng or more of THC per mL of blood, or any detectable amount of certain drugs such as cocaine or methamphetamine, within two hours of driving.
Penalties on conviction
| Offence | First offence | Second offence | Third offence |
|---|---|---|---|
| Impaired / over 80 (BAC 80–119) | minimum $1,000 fine | minimum 30 days jail | minimum 120 days jail |
| Over 80 (BAC 120–159) | minimum $1,500 fine | minimum 30 days jail | minimum 120 days jail |
| Over 80 (BAC 160 or more) | minimum $2,000 fine | minimum 30 days jail | minimum 120 days jail |
| Refusal | minimum $2,000 fine | minimum 30 days jail | minimum 120 days jail |
The maximum penalty is 10 years. Impaired driving causing bodily harm carries up to 14 years, and causing death carries up to life imprisonment. A conviction also brings a court-ordered driving prohibition, and RoadSafetyBC can require the Responsible Driver Program and ignition interlock.
Having between 2 and 5 ng of THC per mL of blood is a lesser offence with a maximum fine of $1,000.
Two cases at once
A criminal charge and a provincial prohibition run separately. You might win an IRP review and still face the criminal case, or the reverse. Decisions in one can affect the other, which is why it pays to get advice early.
How these cases are defended
Defence lawyers look at the reason for the stop, the timing and wording of the breath or drug demands, your right to speak with a lawyer, how the testing was done and whether the evidence was properly disclosed. Charter breaches can lead to evidence being excluded.
Frequently asked questions
The minimum fine is $1,000. It rises to $1,500 for a BAC of 120 to 159 mg and $2,000 for 160 mg or more or for refusal.
Yes. A second offence carries a mandatory minimum of 30 days in jail, and a third carries a minimum of 120 days.
Police usually choose one route, but the criminal case and any provincial prohibition are separate processes, and a criminal conviction can also lead to provincial programs.
Yes. Refusing a lawful demand is a Criminal Code offence with a minimum $2,000 fine on a first conviction.
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This article is general information about British Columbia and Canadian impaired driving law as of October 2026. It is not legal advice. Penalties, fees and procedures can change; speak with a lawyer about your situation.
Sources: Government of British Columbia, RoadSafetyBC, Alcohol-related driving prohibitions; Apply for a review of a driving prohibition; Responsible Driver Program; Ignition Interlock Program; Department of Justice Canada, Impaired driving laws.
