If the police have ever pulled over after having a drink or two, you’ve probably heard both terms, “DUI” and “impaired driving.” Many people use them interchangeably, but under Canadian law, they’re not quite the same thing.

So, what’s the real difference? Is one more serious than the other? And if the police just charged you, what should you do next?

Let’s break it down in plain language, so you understand your rights, the legal implications, and how JustCharged can help connect you with the right DUI lawyer near you.

 

What Does “DUI” Mean in Canada?

 

“DUI” stands for Driving Under the Influence, and while it’s a commonly used phrase, it’s not a legal term in Canada.

It comes from the United States, where DUI (or DWI – Driving While Intoxicated) is the formal charge for driving under the influence of alcohol or drugs.

In Canada, we still use “DUI” in conversation, media, and even in legal circles, but under Canadian criminal law, the official charge is “impaired driving.”

 

What Is “Impaired Driving” Under Canadian Law?

 

Impaired driving is a criminal offence that applies when your ability to operate a motor vehicle is affected by alcohol, drugs, or both.

It includes:

• Driving with a BAC (blood alcohol concentration) over 0.08
• Driving under the influence of cannabis, prescription meds, or illegal drugs
• Refusing a breath or drug test when lawfully demanded
• Driving while visibly impaired, even if you’re under the legal limit

These charges fall under Section 320.14 of the Criminal Code of Canada, and they’re treated very seriously by police and the courts.

 

Is There a Legal Difference Between DUI and Impaired Driving?

 

Yes, but not in the way most people think.

“DUI” is slang. While people widely use it, it is not the correct legal term in Canada. When the police charge and release you, your documents won’t say “DUI”, they’ll list the actual charge, such as:

• Operation while impaired
• Operation with BAC over 80
• Refusal to comply with demand

So, while “DUI” and “impaired driving” might sound like two separate things, in Canada, they refer to the same family of offences, impaired operation of a motor vehicle.

 

Types of Impaired Driving Charges in Canada

 

Here’s a quick breakdown of the most common impaired driving charges:

1. Impaired Driving (Alcohol or Drug)

 

You’re charged with driving while your ability is impaired, even if your BAC is under 0.08.

 

2. Over 80 (BAC Over 0.08)

 

Your BAC is over the legal limit. This charge is based on a breath, blood, or urine test.

 

3. Drug-Impaired Driving

 

Cannabis, prescription meds, or illegal drugs impair you. Police can demand a field sobriety test or a saliva/blood sample.

 

4. Refusal to Provide a Sample

 

Refusing a lawful breath or drug test is a criminal offence and can lead to penalties equal to or greater than a fail.

 

What Are the Penalties for Impaired Driving?

 

Whether you call it a DUI or impaired driving, the consequences are severe.

 

First Offence:

 

• $1,000 minimum fine
• 12-month licence suspension
• Possible ignition interlock
• Criminal record

 

Second Offence:

 

• Minimum 30 days in jail
• Longer suspension
• Higher fines

 

Third Offence:

 

• Minimum 120 days in jail
• Possible lifetime driving ban

 

Other consequences:

 

• Skyrocketing insurance rates
• Employment and travel restrictions
• Vehicle impoundment
• Mandatory education or treatment programs

 

Local Variations: Alberta, BC, and Ontario

 

Impaired driving laws are federal, but provinces impose extra penalties, sometimes even before your case gets to court.

 

Alberta – IRS (Immediate Roadside Sanctions)

 

• 90-day driving suspension
• Vehicle impoundment
• Ignition interlock
• Mandatory education program

 

British Columbia – IRP (Immediate Roadside Prohibition)

 

• 90-day driving ban
• 30-day vehicle impound
• Fines and administrative fees

 

Ontario – Zero Tolerance for Some Drivers

 

• Novice and commercial drivers face immediate penalties
• 3 to 30-day suspensions
• $250–$450 fines
• Mandatory remedial programs

Can You Fight a DUI or Impaired Driving Charge?

 

Yes, and you should. A charge is not the same as a conviction.

A skilled DUI lawyer can challenge:

 

• Whether police had grounds to stop or test you
• Timing and accuracy of the test
• How the police collected evidence
• Charter violations (e.g. rights to counsel or delay)

 

But you need to act quickly, delays can limit your defence options.

 

Just Charged?: Find the Right DUI Lawyer Near You

 

If you’re facing impaired driving charges, JustCharged can help you connect with a qualified criminal defence lawyer who knows how to fight DUI cases in your province.

Why JustCharged?

• Local lawyers with DUI expertise
• Fast response and free case review options
• Peace of mind when it matters most

Visit (Find Lawyer Button) to get started now.

 

Final Thoughts: Know the Law, Protect Your Future

 

In Canada, the legal charge isn’t called DUI, it’s impaired driving. But the stakes are just as high, whether it’s your first charge or not.

Understanding the terminology and your rights is the first step toward protecting yourself.

The next step? Get legal help.

Don’t face the courts alone.

Click the Find a Lawyer button to connect with a DUI lawyer near you and get the support you need.