Yes, impaired driving is a criminal offence under s.320.14 of the Criminal Code. Impaired driving is a serious offence in Canada that can lead to jail time, even for first offences.

Yes, you can get your license back if charged with impaired driving. However, it is important to note if you are found guilty of a first offence, you will be subject to a one-year license disqualification under the Criminal Code of Canada, as well as a concurrent 1-year provincial suspension. This disqualification is a mandatory minimum sentence legislated by Parliament and is not something that can be avoided upon conviction.

The penalty for impaired driving takes into account a wide variety of factors.

However, depending on whether the Crown elects to proceed by indictment or summarily, the following penalties may apply:

• Indictment
  • Impaired driving: Up to 10-years imprisonment;
  • Impaired driving causing bodily harm: Up to 14-years imprisonment;
  • Impaired driving causing death: Up to life imprisonment.

• Summary
  • Impaired driving: Up to 2-years less a day imprisonment;
  • Impaired driving causing bodily harm: Up to 2-years less a day imprisonment