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Dangerous Driving

Dangerous driving is a criminal offence under section 320.13(1) of the Criminal Code of Canada. It occurs when a person operates a motor vehicle in a manner that is dangerous to the public, taking into account all the circumstances — including the nature of the place, traffic conditions, and the way the vehicle was operated. You do not need to cause harm or even be involved in a collision to be charged.

The offence focuses on whether the driving posed a serious risk to public safety and markedly departed from what a reasonable driver would do in the same situation. Dangerous driving can happen anywhere the public has access — not just on roads or highways, but also in parking lots, school zones, or private driveways open to the public.


Examples include excessive speeding, racing, weaving between cars, or driving while distracted by a phone or passenger. Courts will assess the totality of the circumstances, including road conditions, driver alertness, and surrounding hazards, to determine whether the conduct was dangerous or merely careless.


Penalties


Dangerous driving is a hybrid offence, meaning the Crown can elect to proceed by summary conviction or by indictment:

  • If the Crown proceeds summarily, the maximum penalty is two years less a day in jail and/or a $5,000 fine.

  • If the Crown proceeds by indictment, the maximum penalty is 10 years in prison.


Where bodily harm results, the maximum sentence increases to 14 years. Where death results, the maximum penalty is life imprisonment. In cases involving injury or death, the Crown must prove that the harm was a foreseeable consequence of the dangerous manner in which the vehicle was operated.


Being charged with dangerous driving carries serious personal and legal consequences, even before conviction. You may face an immediate licence suspension, vehicle impoundment, and difficulties with employment, especially where driving is a job requirement. If convicted, you will receive a permanent criminal record, which can impact your ability to travel, work, or maintain professional licenses.


Penalties may include jail, lengthy driving prohibitions, mandatory probation, high fines, and significantly increased insurance premiums. Every case depends on its specific facts. If you have been charged, it is critical to speak with an experienced criminal defence lawyer right away. Early legal intervention can mean the difference between a criminal record and a second chance.

Consequences of a DUI Drinking & Driving Conviction

On being charged with a drinking and driving offence (i.e., before you’ve even been to court!), your vehicle will be immediately impounded for 1 week and your driver’s licence will be immediately suspended for 90 days.

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In each case, if convicted, you will face a criminal record, an immediate downgrade from 6-star driving record for 6 years, much higher insurance rates once you are able to resume driving and you will have to complete remedial measures implemented by the Ministry of Transportation (Ontario) in order to have your licence reinstated.

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In addition, the judge may issue a probation or restitution order. A probation order may include: abstaining from alcohol, under-taking community service, submitting to an alcohol or drug assessment, participating in treatment, and any “other reasonable conditions the court considers desirable”. A restitution order compels the offender to compensate the victim, but these are less common in drinking and driving cases.

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The potential penalties are even greater when a drinking and driving offence leads to a person being injured or killed. In these cases, you could face a maximum possible penalty of life imprisonment for Impaired Driving causing death or 10 years for Impaired Driving causing bodily harm.

 

The following chart summarizes the potential costs and penalties associated with impaired driving:

First DUI Offence Minimum Penalties:

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  • $1000 fine (Depending on your BAC level, the minimum fine may be increased up to $2,000) + 30% victim fine surcharge

  • 1 year licence suspension (You may be able to drive after 3 months IF you plead guilty within 90 days of being charged AND install an Alcohol Ignition Interlock Device. If you are found guilty after trial, you will not be able to drive for at least 6 months IF you install an Alcohol Ignition Interlock Device)

  • Remedial measures requirement

  • 9 or 12 month ignition interlock condition upon reinstatement (Stream A or B)​

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