Driving with a blood alcohol concentration between 0.05 and 0.079 in Ontario can still result in serious consequences even though it is not a criminal offence. Many drivers assume they are under the legal limit, but the province enforces administrative penalties within this range known as the “warn range.”
Understanding what this means, what happens when you’re caught, and how it differs from a criminal DUI is important for anyone who drinks and drives, even moderately.
What is the Warn Range in Ontario? (0.05 – 0.079% BAC)
The warn range applies when a breath test shows a blood alcohol concentration (BAC) between 0.05 and 0.079. While this is below the criminal threshold of 0.08, the Ontario Ministry of Transportation imposes immediate penalties to discourage drinking and driving.
This process is handled entirely under the Highway Traffic Act. It does not result in criminal charges or a court date, but it does lead to an automatic driver’s licence suspension and fines that increase with each occurrence. The purpose of this system is deterrence—drivers are penalized before their impairment reaches criminal levels.
What is the Penalty for Blowing 0.05 – 0.079% BAC in Ontario?
Warn range penalties are administrative, not criminal. This means they are enforced directly by the Ministry of Transportation without going through the court system. You cannot be jailed or convicted, but your licence will be suspended and you may face fines or other requirements before reinstatement.
Penalties escalate for repeat occurrences within ten years:
First occurrence:
- Three-day driver’s licence suspension
- $250 fine
Second occurrence (within ten years):
- Seven-day suspension
- $350 fine
- Mandatory participation in a shortened version of the Back on Track program before reinstatement
Third occurrence (within ten years):
- Thirty-day suspension
- $450 fine
- Six-month ignition interlock installation requirement once driving privileges are restored
All suspensions take effect immediately at the roadside. Police issue the suspension, and the Ministry of Transportation records it on your driver’s file. Although it is not a criminal charge, the record can influence future roadside enforcement and administrative penalties.
Warn Range Compared to Over 80mg (Criminal DUI)
The main difference between a warn range suspension and a criminal DUI charge is that the warn range is provincial and administrative, while a reading of 80 mg or higher is criminal under the Criminal Code of Canada. The difference lies in both the process and the long-term consequences.
Drivers who blow in the warn range do not face arrest, fingerprinting, or criminal prosecution. They do not have to appear in court and will not have a criminal record. However, the immediate licence suspension, fines, and required remedial programs still create major inconvenience and cost.
By contrast, a reading of 0.08 or higher results in an immediate 90-day licence suspension, criminal charges, vehicle impoundment, and potentially years of increased insurance premiums or loss of coverage. A conviction under the Criminal Code also carries mandatory minimum penalties, including a $1,000 fine, one-year driving prohibition, and the possibility of jail for repeat offenders.
| Feature | Warn Range (0.05–0.079% BAC) | Over 80mg (0.08% or higher) |
| Type of Offence | Administrative (provincial) | Criminal (federal) |
| Law Applied | Highway Traffic Act | Criminal Code |
| Licence Suspension | 3, 7, or 30 days (depending on prior history) | 90 days immediately + one year upon conviction |
| Fines | $250–$450 | Minimum $1,000 fine on first offence |
| Criminal Record | No | Yes |
| Ignition Interlock | Six months after third warn range offence | Required for reinstatement after conviction |
| Mandatory Program | Back on Track (shortened version) | Full Back on Track program |
| Vehicle Impoundment | No | Yes, at least 7 days |
| Insurance Impact | Moderate (may label as high-risk) | Severe (possible cancellation) |
In short, a warn range suspension is not a criminal offence but should not be taken lightly. Even one suspension can affect insurance rates and future enforcement. Those who repeatedly fall within this range risk escalating penalties that approach the severity of a criminal DUI.
Does a Warn Range Fine Go On Your Criminal Record? – No
A warn range fine does not go on your criminal record because it is not a criminal offence. The suspension and fine come from the Ministry of Transportation under the Highway Traffic Act, not from the Criminal Code. There is no arrest, no fingerprinting, and no requirement to appear in court. The suspension is handled as an administrative matter and is recorded only on your driver’s abstract, not your criminal history.
While it will not appear on a criminal record check, it will remain visible to law enforcement and insurance companies that review your driving record. Future incidents of drinking and driving, even at the warn-range level, may lead to longer suspensions or stricter penalties because they are recorded by the Ministry as prior occurrences.
Does a Warn Range Fine Affect Your Insurance? – Yes
Even though a warn range incident is not a criminal charge, it can still affect your insurance. Insurance companies have access to your driving record through the Ministry of Transportation and may treat a warn range suspension as a warning sign of risky behaviour.
Depending on the insurer, you may be reclassified as a higher-risk driver, leading to a premium increase or even cancellation. The increase varies, but most insurers treat an administrative suspension as more serious than a minor traffic ticket. A warn range suspension can remain on your driver’s record for several years, meaning it can continue to affect insurance premiums long after the suspension period ends.
The best way to prevent insurance problems is to avoid repeat offences. Multiple warn-range readings will almost certainly mark you as high-risk, resulting in higher costs and fewer coverage options.
Can You Dispute a Warn Range Fine? – Yes
A warn range penalty can technically be disputed, but it is difficult and expensive to do so. Because it is an administrative suspension, it takes effect immediately at the roadside and is often completed before you could challenge it.
Options for appeal are limited to situations where a clear mistake has been made, such as a mix-up in identity or a proven issue with the testing device. The process involves filing for a judicial review, which can cost thousands of dollars and take months to complete. In most cases, by the time a hearing is scheduled, the suspension period is already over.
Although rare, a legal challenge may be worth considering if there is strong evidence that police or testing procedures were flawed. You should consult a paralegal or lawyer before taking this step, as success is uncommon and the cost can outweigh the benefit.
Important – BAC Tolerance is Zero for New Drivers
Ontario enforces a strict zero-tolerance rule for new and young drivers. Anyone holding a G1, G2, M1, or M2 licence, or any driver under the age of 21, must maintain a blood alcohol concentration of zero while driving. Even a small amount of alcohol in your system can lead to immediate suspension and fines.
Police use roadside screening devices to check for any presence of alcohol, not just levels over 0.05. A new driver who registers any reading above zero will face a 24-hour roadside suspension, followed by escalating administrative penalties similar to those in the warn range for experienced drivers.
Zero tolerance also applies to commercial vehicle drivers, regardless of age or experience. For these categories, the consequences are immediate and can include loss of licence and employment.
These strict limits mean that for new or young drivers, any drinking before driving is a legal risk. Even one drink can result in the same outcome as a warn range offence for experienced drivers.
X-Copper Can Help with Warn Range Tickets
We deal with Warn Range suspensions and alcohol-related driving offences every day, and we know how to protect your record and your insurance.
Our team understands how roadside suspensions work and how to challenge them when there’s a mistake or procedural issue. We also guide clients through the Back on Track program and licence reinstatement to make the process as smooth as possible.
Even though a Warn Range suspension isn’t a criminal offence, it can still carry lasting financial and insurance consequences. With the right representation, you can limit the damage and take the right steps to get back on the road.
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