How Many Drinks Can You Have and Drive in Ontario?
Last Updated: October 14, 2024
Everybody wants to know how many drinks you can have to stay under the legal limit and drive in Ontario. This answer involves understanding the legal Blood Alcohol Concentration (BAC) limit and the factors that can affect it.
Understanding Ontario’s impaired driving laws is crucial because the consequences and dangers of failing to comply can be life-altering, such as accidents, injuries, significant fines, license suspensions, vehicle impoundments, and, in some cases, imprisonment. In addition, one can face criminal charges and penalties.
A first-time offence of a BAC of 0.08 or more can result in:
- An Immediate 90-day roadside suspension
- 7-day vehicle impoundment
- $550 penalty.
In addition to these provincial penalties under the Highway Traffic Act, you can be charged criminally under the s320.14(1) Canadian Criminal Code and face further implications.
What does Blood Alcohol Concentration or BAC Limit mean?
BAC is the concentration of alcohol in your bloodstream. The more drinks you have in a specific timeframe, the higher your BAC will be. This numerical amount is often presented in percentage form; for instance, the legal BAC limit in Ontario is below 0.08. This means there must be less than 80ml of alcohol per 100ml of blood.
This BAC is usually when a person’s judgement and reaction times are most impaired, and the risk of an accident is at its highest. Two common ways BAC can be measured are by:
- Breathalyzer: A breathalyzer is a device that measures the alcohol content in your breath. Officers often use this measurement when they suspect a person may be impaired.
- Blood tests: This measurement will yield the most accurate results, drawing a sample directly from the bloodstream. This method would be used in cases where the breathalyzer’s results are dispersed or disputed.
Factors affecting BAC limits:
- Weight: People with lower weight often have higher BAC levels than people with higher weight; this is due to the way the body breaks down the alcohol. Alternatively, a person with a lower body fat percentage will have a lower BAC level than those with a higher percentage.
- Gender: Women often have a higher BAC compared to men while consuming the same amount or type of alcohol. This can be due to different metabolisms as well as different biological functions.
- Food intake: Consuming food before or while drinking alcohol can slow down the process of how the body absorbs alcohol. Drinking on an empty stomach may result in a higher BAC level.
- Type of Alcohol: Different types of alcohol can have an impact on BAC levels; drinking hard liquor with a higher alcohol percentage will result in a higher BAC.
- Rate of Consumption: Consuming many drinks quickly will result in a higher BAC level. Remember, it generally takes your body one hour to break down one drink. Your BAC could be rising by the hour, depending on how many drinks you have had.
Legal BAC Limits in Ontario:
- Fully licensed drivers (G-class): Your legal BAC limit in Ontario may depend on your driving category. Your legal BAC limit is under 0.08 if you are a G-class driver. This means if you are driving a motor vehicle, and your BAC level is 0.08 or more, you have exceeded the drinking and driving limit in Ontario.
- Novice drivers (G1, G2, M1, M2): The legal BAC limit in Ontario for drivers with G1, G2, M1, or M2 licenses is stricter; they have a zero-tolerance limit. Thus, no alcohol can be detected in their bloodstream while driving.
- Commercial drivers: Commercial driver regulations are similar to novice drivers’, meaning commercial drivers have a zero alcohol tolerance and cannot have alcohol in their system while operating commercial vehicles.
ZERO TOLERANCE POLICY:
Under the Highway Traffic Act, Ontario has a zero-tolerance policy for G1, G2, M1, M2, commercial drivers and young drivers under 22 years old. This means your BAC content must be 0.00. Otherwise, you will face consequences.
Remember, just because drivers have a BAC limit of less than 0.08 does not mean they are free from consequences. Ontario has a ‘warn range’; if you have a BAC between 0.05 and 0.079, you can still face drinking and driving penalties under the Highway Traffic Act.
The penalty for the first offence of falling into the warn range is:
- A 3-day immediate suspension.
- $250 penalty
How Many Drinks Can You Have and Stay Under the Legal Limit in Ontario?
The number of drinks allowed to stay under the legal limit varies by individual. Unfortunately, there is no agreed-upon method to determine the exact amount because many factors, such as a person’s food intake, gender, weight, and type of alcohol, will vary.
A general rule of thumb is one drink per hour. This means alcohol is roughly processed within an hour. For example, if a male or female has one drink, the body should process that drink one hour later, and BAC levels should return to normal. Although this may seem like the golden rule of drinking, it is important to remember that everybody has different metabolism rates, and due to various bodily components, a person’s body can absorb alcohol at different rates.
This rule is not a precise guideline and should not be relied upon as an exact answer. Relying on such a rule can result in significant consequences. Always use your judgment and look for alternative options to arrange a safe ride.
Penalties for Exceeding the Legal Limit:
If you are a fully licensed holder (G) and are found violating the BAC limit of 0.08 or more in Ontario, you may face provincial and criminal penalties:
First offence:
- Immediate roadside 90-day suspension.
- 7-day vehicle impoundment.
- $550 penalty.
Second offence:
- Immediate roadside 90-day suspension.
- 7-day vehicle impoundment.
- Education and treatment program.
- $550 penalty.
Third offence:
- Immediate roadside 90-day suspension.
- 7-day vehicle impoundment.
- Education and treatment program.
- Ignition interlock condition for six months.
- $550 penalty.
If you are a novice driver (G1, G2, M1, M2) or a young driver under 21, if you are caught violating the zero-tolerance policy, you can face the following penalties plus criminal penalties:
First offence:
- 3-day immediate roadside license suspension.
- $60-$1000 fine (if convicted).
- $250 penalty.
Second offence:
- 7-day immediate roadside license suspension.
- $60-$1000 fine (if convicted).
- Education or treatment program.
- $350 penalty.
Third offence:
- 30-day immediate roadside license suspension.
- $60-$1000 fine (if convicted).
- Education or treatment program.
- Ignition interlock condition for six months.
- $450 penalty.
If you are a commercial driver caught violating the zero-tolerance policy, you can face the following penalties plus further criminal penalties:
First offence:
- 3-day immediate roadside license suspension
- $250 penalty
Second offence:
- 3-day immediate roadside license suspension
- Education or treatment program
- $350 penalty
Third offence:
- 3-day immediate roadside license suspension
- Education or treatment program
- Ignition interlock condition for six months
- $450 penalty
In addition to these provincial offences, you could be charged with a criminal conviction, which would either extend the term of the suspension or mandate an interlock device.
First offence – criminal conviction
- License suspension of at least one year
- You must attend a mandatory education or treatment program
- Requirement to use an ignition interlock device for at least one year
Second offence – Criminal conviction within ten years
- License suspension of at least three years
- You must attend a mandatory education or treatment program
- Required to use an ignition interlock device for at least three years
- You will be required to undergo a compulsory medical evaluation to determine whether you meet the requirements for driving in Ontario.
Third offence – Criminal conviction within ten years
- Lifetime license suspension may be reduced after ten years if you meet specific criteria
- You must attend a mandatory education or treatment program
- The requirement to use an ignition interlock system for at least six years
- You will be required to undergo a compulsory medical evaluation to determine whether you meet the requirements for driving in Ontario.
Depending on the severity of your actions, a permanent criminal record or jail time can be a consequence. Being caught over the legal BAC limit in Ontario does not just impact your life with a criminal record, paying fines or penalties. It can also lead to an increase in your insurance premiums.
Often, a person with an impaired driving charge will have a higher insurance rate because a person who drinks and drives would be considered a risk and have a higher chance of getting into an accident or harming someone.
Warn ranges, although not criminal offences, can still lead to severe implications for drinking and driving penalties in Ontario.
The first offence of falling into the warn range is:
- A 3-day immediate suspension.
- $250 penalty
Second offence:
- 7-day immediate license suspension
- Education or treatment
- $350 penalty
Third offence:
- 30-day license suspension
- Education or treatment program
- Ignition interlock system for six months
- $450 penalty
Conclusion:
Calculating the amount of drinks one should consume to stay under the legal limit is not a precise answer. Unfortunately, it is complicated, and the number fluctuates greatly depending on a person’s gender, weight, food consumption, and the type of drink.
Remember, the one-drink-per-hour rule does provide a measuring stick, but it has limitations and should not be wholly relied upon. It is important to arrange for alternative transportation methods when drinking, and if you are in doubt about whether you are below the legal BAC limit, make the responsible choice, prioritize everyone’s safety and arrange for someone to pick you up.