What are the penalties for DUI - Impaired boating?
Boaters caught drinking and boating in Ontario face consequences similar to those for drinking and driving:
- Immediate 3, 7 or 30 day driver's licence suspension if caught with a blood alcohol concentration (BAC) in the "warn range” of 0.05 to 0.08 and for drivers impaired by drugs or a combination of drugs and alcohol based on the results of a Standard Field Sobriety Test. Drivers caught in the "warn range" more than once will face a mandatory alcohol education program and could be subject to treatment programs and ignition interlock.
- Immediate 90-day administrative driver's licence suspension and a $198 administrative fine for boaters exceeding the “legal limit” of 0.08 BAC drivers who fail or refuse to provide a breath or blood sample and drivers who are impaired by drugs or a combination of drugs and alcohol based on the results of a Drug Recognition Expert evaluation.
- If convicted under the Criminal Code, the boater will also face:
- Driver's licence suspension, from one year up to a lifetime ban
- Mandatory alcohol assessment, education or treatment, and follow-up
- Ignition interlock condition on their driver's licence for one year to up to a lifetime
- Vehicle impoundment if caught driving a motor vehicle while under suspension
These sanctions apply to anyone who is caught drinking and operating motorized and non-motorized vessels, including power boats, canoes, kayaks, personal watercraft, sailboats, rafts, dinghies and other inflatable boats.
Toronto & GTA Call 289.481.1007 - Outside GTA Call 1-877-497-3927
First Offence:
- First offence, with blood alcohol content of 80-129 mg: mandatory minimum $1,000 fine
- First offence, with blood alcohol content of 130-159 mg: mandatory minimum $1,500 fine
- First offence, with blood alcohol content of 160 mg or more: mandatory minimum $2,000 fine
- First offence, but refuse to be tested: mandatory minimum $2,000 fine
- Mandatory education or treatment program
- Mandatory Ignition Interlock period of at least 9 months
- Prohibited from Operating a motor vehicle of any kind within Canada for a minimum of 1 year, subject to the ignition interlock program
Second Offence:
- Mandatory education or treatment program
- 3 year minimum requirement to drive a car equipped with an ignition interlock device; subject to the Stream D program
- mandatory minimum 30 days imprisonment
- Fine amount at the discretion of the judge
- Licence suspended for minimum 3 years by the Ministry of Transport; subject to the Stream D program
- Minimum 2 year prohibition on operating a motor vehicle anywhere in Canada, even if they don’t require a driver’s license
Third and subsequent Offences:
- Mandatory education or treatment program
- Variable interlock periods (depending on sequence of prior convictions)
- mandatory minimum 120 days imprisonment
- Lifetime licence suspension (can be reduced to 10 years if certain conditions are met on the third conviction; on fourth or subsequent conviction lifetime suspension with no possibility of reduction)
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Starting July 1, 2018, Ontario will have tougher penalties for young and novice drivers who have alcohol in their system and will add matching penalties for drugs. There will also be new penalties for commercial vehicle drivers who have the presence of alcohol or drugs in their system.