What's the legal blood alcohol limit in Canada?
The criminal limit is 80 milligrams of alcohol per 100 millilitres of blood (0.08). But that's only half the answer: most provinces hit drivers with licence suspensions and fines from 0.05, Saskatchewan from 0.04, and every province applies zero tolerance to new drivers. In practice, Canada has two limits — and the one that catches most people isn't the criminal one.
The limits at a glance
| Threshold | Who it applies to | What happens |
|---|---|---|
| 0.08 (80 mg/100 mL) | All drivers, Canada-wide | Criminal offence under the Criminal Code |
| 0.05 "warn range" | Most provinces & territories | Immediate roadside suspension, fees, possible impoundment |
| 0.04 | Saskatchewan | Provincial sanctions start lower than anywhere else |
| Zero | Learner, novice and young drivers everywhere | Suspension and fines for any alcohol at all |
The federal limit: 0.08 is a crime everywhere
Under section 320.14 of the Criminal Code, it's a criminal offence to have a blood alcohol concentration at or over 80 mg per 100 mL of blood within two hours of driving. This applies identically in every province and territory. The Department of Justice overhauled these laws in December 2018, and the current regime is one of the toughest in the western world.
Mandatory minimum penalties for a first offence scale with your reading:
- 80–119 mg — $1,000 minimum fine
- 120–159 mg — $1,500 minimum fine
- 160 mg or more — $2,000 minimum fine
- Refusing a breath sample — a separate crime, $2,000 minimum fine
On top of the fine comes a driving prohibition, a criminal record, and steep insurance consequences. Maximum penalties run to two years less a day in jail on summary conviction and 10 years on indictment; a second offence carries a mandatory minimum of 30 days in jail, and a third, 120 days.
The provincial limits: trouble starts at 0.05
Here's what surprises many drivers — and most visitors. Blow between 0.05 and 0.079 and you won't be charged criminally, but in most of Canada you'll still lose your licence on the spot. These "warn range" administrative programs are tracked province by province by the Traffic Injury Research Foundation:
- 0.05 and up — Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island and the Northwest Territories all impose immediate short-term suspensions, typically three to seven days for a first occurrence, escalating sharply for repeats.
- 0.04 and up — Saskatchewan, the strictest provincial threshold in the country.
- Quebec — the outlier: no provincial sanction below 0.08 for fully licensed drivers, though the federal criminal limit still applies.
The details vary. In Ontario, a first warn-range result means a three-day suspension and a monetary penalty; a third means 30 days off the road plus a mandatory education program and an ignition interlock. British Columbia's Immediate Roadside Prohibition program stacks driving bans, vehicle impoundment and fees that can run past $600 for a single 0.05 reading — many BC drivers describe it as a de facto 0.05 limit.
Zero tolerance for new and young drivers
Every province and territory requires a blood alcohol level of zero for learner and novice drivers in graduated licensing programs. Most also extend zero tolerance by age: Ontario's rule covers all drivers 21 and under regardless of licence class, and Quebec applies zero BAC to drivers 21 and under as well as learners. If you hold a G1, G2, N, or any probationary licence, one drink is one too many — a single positive reading brings an immediate suspension and can set your licensing progress back months.
Police can test you without suspicion
Since December 2018, Canada has had mandatory alcohol screening: a police officer who has lawfully stopped you — at a checkpoint, for speeding, for a broken tail light — can demand a roadside breath sample without any suspicion that you've been drinking. Refusing is a criminal offence carrying the same or worse penalties than failing. Canada is one of the few common-law countries with suspicionless screening, and it has significantly increased the odds that driving over the limit ends in a charge.
How many drinks is 0.05 or 0.08?
There's no reliable answer — and Canadian standard drinks make guessing even riskier. A Canadian standard drink contains 13.45 grams of pure alcohol (more than the 10-gram Australian and NZ standard), which is roughly a 341 mL bottle of 5% beer, a 142 mL (5 oz) glass of 12% wine, or a 43 mL (1.5 oz) shot of 40% spirits. As MADD Canada explains, your BAC after the same drinks depends on body weight, sex, drinking speed and food — two people who match each other round for round can land on opposite sides of the limit. Counting drinks against a chart is guesswork; the only safe plan when driving is not to drink.
How Canada compares internationally
| Country | General limit | Notes |
|---|---|---|
| Canada | 0.08 criminal | Provincial penalties from 0.05 (0.04 in SK) |
| United States | 0.08 | Utah is the exception at 0.05 |
| Australia | 0.05 | Zero for learner and provisional drivers |
| New Zealand | 0.05 | Zero under 20 |
| England & Wales | 0.08 | Scotland is lower at 0.05 |
On paper Canada sits with the 0.08 countries. In practice, the provincial warn ranges, zero-tolerance rules and mandatory screening make it operate much closer to a 0.05 jurisdiction — with criminal consequences waiting above 0.08 that are harsher than most.
Frequently asked questions
What is the legal blood alcohol limit in Canada?
The criminal limit is 80 mg of alcohol per 100 mL of blood (0.08), Canada-wide. Most provinces also impose administrative penalties from 0.05, and Saskatchewan from 0.04.
Is it legal to drive at 0.05 in Canada?
It's not criminal, but in every province except Quebec it triggers an immediate roadside suspension and other penalties. Quebec has no provincial sanction below 0.08 for fully licensed drivers.
What are the penalties for a first impaired driving offence?
A mandatory minimum fine of $1,000 to $2,000 depending on your BAC, a driving prohibition and a criminal record. Maximums reach two years less a day on summary conviction and 10 years on indictment.
Can police breath-test me without suspicion?
Yes. Since December 2018, mandatory alcohol screening lets police demand a breath sample from any lawfully stopped driver. Refusing is a criminal offence with a $2,000 minimum fine.
What's the limit for new drivers?
Zero, everywhere in Canada, for learner and novice drivers — and most provinces extend zero tolerance to young drivers, such as Ontario's rule for drivers 21 and under.