DUI DWI: International Referral

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BAC Limits and Suspensions in Ontario

This page is designed to provide a quick summary of per se BAC limits, administrative suspensions, lookback periods, suspensions on conviction, and reciprocal suspensions of drivers' licences. If the data below is incomplete for Ontario please invite a local attorney or lawyer to participate.

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Information for Ontario

StephenBiss

Stephen R. Biss, Barrister & Solicitor

470 Hensall Circle, Suite 303 (near Cawthra and Dundas)
MississaugaON

905-273-3322 |  1-877-273-3322

Add a State or Province | Update this Data

1. Current DUI PER SE limits: 80 mg/100 ml is the limit under the Criminal Code of Canada, 50 mg/100 ml will result in a 12 hour suspension under the Highway Traffic Act, novice drivers must have 0% under the HTA

Adult drivers, 21 & over 80 mg/100 ml (50 mg/100 ml results in 12 hr suspend)
Under-21 drivers 80 mg/100 ml (limits of 00 for novice drivers)
Commercial drivers  80 mg/100 ml

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Link to DUI Criminal Statute

Substantive DUI  Legislation / Excess Alcohol Per Se DUI Offenses

DUI Refusal Offense or Presumption

Penalties, Fines, Suspensions, and Prohibitions on Conviction for DUI

Procedure and Evidence DUI Legislation

Constitutional Rights in DUI Matters

 

2.  Does this state or province have any form of administrative license
revocation/suspension for an arrested driver testing ABOVE the applicable
legal limit?: 

Yes

Does this state have any form of administrative suspension or revocation on arrest for REFUSING to be tested?:

Yes

Administrative Licence Suspension (on DUI Arrest or Refusal) Legislation

 

3.  What is the applicable "look-back" period in your state or province (i.e., the
number of years your state will look for prior DUI/DWI convictions to
INCREASE mandatory punishments?  Typically, these are 5, 7 or 10 year
"lookbacks", but some are shorter or longer.)  Georgia is 5 years.  Florida
and South Carolina are 10 years, etc.

10 years for priors after September 1993

Link to DUI Suspension Statute

Drive While Suspended Offence

 

4.  Does this state or province permit or not permit JURY trials (please
provide any details about WHEN the right to jury trial attaches---e.g.,
second, third, fourth offense within X years because these are felonies,
etc.)

Rarely. No Jury Trial unless Crown proceeds by indictment in a serious case.

 

5. Reciprocal Suspensions: Does this state or province suspend licences for persons convicted in other states or provinces and if so which states or provinces?

New York and Michigan plus all Canadian provinces

Link to Reciprocal DUI Suspension Statute

Reciprocal Agreements DUI Legislation

Add DUI Data for a State or Province

 

 

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