Most teenagers who hit age 19 in Ontario feel like they’ve reached adulthood. Sure, they were given the adult right to vote at age 18, but now, at 19, they can legally purchase and consume alcohol. What most 19-year-olds — and many adults — don’t realize, though, is that they are still subject to zero tolerance driving under the influence (DUI) of alcohol and/or drugs laws until they reach age 21.
“We see many clients between the ages of 19 and 21 who are dumbfounded that they have been charged with underage impaired driving with BAC levels below the national 0.08% DUI threshold, says DUI lawyer Robbie Tsang , managing partner of the Greater Toronto Area’s Mass Tsang law firm. “They know that there’s zero tolerance for minors having any alcohol or drugs in their blood while driving but assume that ends when they reach the legal drinking age.”
The firm’s managing partner and underage DUI attorney, Jeff Mass , adds, “The possible good news with many of these clients is that they are only facing provincial underage DUI charges. If their BAC levels are below 0.08%, they do not face federal criminal DUI charges. However, underage DUI clients with BAC levels above the threshold face the double whammy of provincial and criminal charges. Thus, the difference between a DUI for a minor differs from that of an adult depending on the BAC.”
Let’s examine underage, impaired driving laws and how they apply to and affect those under the age of 22.
Legislators in all provinces have enacted zero-tolerance DUI laws for younger drivers due to decades-long statistics indicating that impaired drivers between the ages of 16-25 are responsible for a disproportionate percentage of fatal and injury-causing motor vehicle accidents. According to data cited by MADD Canada :
Ontario’s zero-tolerance DUI policy is codified in Sections 44.1 (alcohol) and 44.2 (drugs) of the province’s Highway Traffic Act. Note that the zero-tolerance policy applies to novice drivers as well. This means that even drivers older than 21 with a G1, G2, M1, or M2 licenses face provincial impaired driving charges for having any detectable levels of alcohol or drugs in their blood, even if below criminal DUI thresholds.
Language in the legislation essentially makes it a condition of one’s driver’s license that novice drivers and those under age 22 cannot have any concentration of alcohol or drugs in their blood while driving on public roads. Other Canadian provinces have similar laws, with most having zero tolerance alcohol and drug concentrations specifically targeting drivers under age 22 (Quebec being a notable exception).
If Ontario police charge you with a first-time underage DUI based on alcohol or drug levels below criminal DUI thresholds, you face an immediate three-day administrative roadside license suspension and a $250 penalty. Second and third offences carry respective seven- and 30-day immediate roadside license suspensions and $350 and $450 penalties. If ultimately convicted on the provincial charge, your license will be suspended for between 30 and 90 days or outright cancelled, depending on your age and license class. Fines upon conviction range from $60 to $1,000. Subsequent convictions carry mandatory participation in a drug/alcohol education or treatment program, and third-time ones also mandate six months in an ignition interlock program .
| Offence | License Suspension | Fine | Other Consequences |
|---|---|---|---|
| 1st Offence | 3-day roadside suspension | $250 | |
| 2nd Offence | 7-day roadside suspension | $350 | |
| 3rd Offence | 30-day roadside suspension | $450 | 6-month ignition interlock, education/treatment |
| After Conviction | 30–90 days suspension or cancellation | $60–$1,000 |
Provincial zero-tolerance DUI cases are heard administratively by the Ontario Ministry of Transportation and do not involve the courts or lead to a criminal record. However, should your BAC or drug concentrations be above the legal threshold for impaired driving, you will also face criminal DUI charges and all that entails, including a criminal record.
Drivers aged 17 and under face the same provincial administrative consequences if Ontario police charge them with underage DUI with alcohol and/or drug concentrations below legal thresholds for criminal DUI. However, they face different consequences if charged with criminal DUI. The Ministry of Transportation addresses the provincial zero-tolerance DUI charges like they do for older drivers. However, the youth justice system will process their criminal charges under the Youth Criminal Justice Act (YCJA).
The YCJA prioritizes rehabilitation and proportional accountability, often making it amenable to agreeing to extrajudicial measures instead of a criminal conviction. That said, minor defendants — DUI or otherwise — have every right to challenge the charges in youth court. As such, any minor facing criminal DUI charges in youth court should hire a skilled underage DUI lawyer to strategize a defence, whether to fight the charges or negotiate extrajudicial alternatives to a conviction.
If a minor DUI charge proceeds through youth court and results in a conviction, the penalties are typically far less severe than they are for an adult. A custodial (imprisonment) term might only be handed down in the most egregious circumstances, such as DUI causing death or serious injury. The mandatory Criminal Code DUI fines are typically lowered or omitted to account for the youth’s lack of earning power. The youth court might also limit the duration of the mandatory driving prohibition if deemed helpful to the youth’s rehabilitation. Last, instead of a criminal record, minors convicted of DUI under the YCJA get a youth record, which is sealed after two years for a summary conviction offence and five years for an indictable one.
| Category | Provincial Underage DUI | Criminal DUI |
|---|---|---|
| BAC Threshold | Any detectable amount | ≥ 0.08% |
| Processed By | Ministry of Transportation | Criminal Court |
| Record Impact | No criminal record | Criminal record (unless acquitted) |
| Penalties | Suspension, fines, interlock | Jail, fines, mandatory programs |
| Age Group Affected | Under 22 or novice drivers | All drivers |
If Ontario police have charged you with underage, impaired driving in the Greater Toronto Area, or you are the parent of a minor with a DUI charge, contact the expert underage DUI lawyers of Mass Tsang . We have a stellar record of helping youth under 22 navigate the complexities of DUI law and secure favourable outcomes in criminal and youth courts. For all your impaired driving legal defence needs in the GTA, contact us today for a free consultation.
