Instead of being charged with the criminal offence of impaired driving, you are charged with a Provincial Offence for blowing in what is considered the “warn range” at a RIDE Program check point. A “warn range” offence is not a criminal offence. The penalties for a “warn range” offence are immediate and cannot be appealed in a court of law. In addition, the offence is recorded onto your driver’s record and applies to your driver license, too.

Penalties for Blowing a ‘Warn Range’ BAC in Ontario (0.05–0.079)

Introduction: Ontario has strict impaired driving laws that penalize drivers even below the Criminal Code limit of 0.08% blood alcohol concentration (BAC). In Ontario, blowing a “warn range” BAC (between 0.05% and 0.079% BAC) on a roadside test can trigger immediate penalties under provincial law.

These penalties include instant licence suspensions, fines (administrative monetary penalties), and other consequences – which escalate for second and third occurrences. Notably, recent changes in 2024 under Ontario’s Safer Roads and Communities Act (Bill 197) have increased the suspension durations for first and second warn-range incidents.

What is the “Warn Range” in Ontario?

In Ontario, the “warn range” refers to a blood alcohol concentration between 0.05% and 0.079% (50–79 mg of alcohol per 100 mL of blood) for fully licensed drivers. This range is below the Criminal Code limit of 0.08% BAC (80 mg) but is high enough to warrant provincial intervention. If you provide a breath sample in this range – often described as a DUI warning BAC reading – you won’t be charged criminally for “Over 80,” but you will face provincial penalties (license suspensions, fines, etc.) for driving in the warn range.

Ontario’s Highway Traffic Act empowers police to issue an immediate administrative suspension even at 0.05% BAC, as a road safety measure. These warn-range sanctions apply to any driver who blows 0.05–0.079 or who fails a roadside Standard Field Sobriety Test (SFST) for alcohol or drugs (meaning they show impairment symptoms even if a device reading is unavailable).

How is BAC in this range detected? Police in Ontario use approved screening devices at roadside (handheld breathalyzers) during traffic stops and R.I.D.E. programs. Since 2018, officers can lawfully demand a breath sample roadside without needing any suspicion of drinking. The driver blows into the device, which gives a BAC reading.

If the result falls in the 0.05–0.079 range, the device will typically display a “WARN” indication (whereas a BAC of 0.08 or higher would trigger a “FAIL” reading and an arrest for impaired driving). In other cases, an officer might conduct an SFST (e.g. walk-and-turn, eye test) if a breath device isn’t immediately available; failing this test can also put you in the warn-range category. In short, blowing a “warn” at roadside means the officer has objective evidence that your BAC is in the warning range, which by Ontario law leads to instant administrative penalties for impaired driving in the warn range.

Penalties for a First Warn-Range Occurrence

If you blow in the warn range (0.05–0.079 BAC) and it’s your first occurrence on record, the consequences are immediate and serious – though not as severe as a criminal DUI. As of 2024, a first-time warn-range result in Ontario now triggers an immediate 7-day driver’s licence suspension (up from 3 days previously). This means your licence will be taken away on the spot and you cannot drive for one week. Along with the suspension, you must pay an administrative monetary penalty of $250 for a first offence (sometimes informally called a “fine,” though it’s not a court-imposed fine but a provincial penalty).

You will not have to go to court for this warn-range violation – it is a licence sanction, not a criminal charge. However, the suspension is recorded on your driving record and remains there for 5 years.

This can affect your insurance rates and will count against you if you have another alcohol-related incident. Importantly, every time your licence is suspended under these rules, you also have to pay a licence reinstatement fee to the Ministry of Transportation before getting your licence back. This reinstatement fee in Ontario is about $198 each time. 

Ontario’s Warn-Range Penalties (prior to 2024 changes):
First time: 3-day immediate licence suspension; $250 penalty.
Second time: 7-day immediate licence suspension; education or treatment program; $350 penalty.
Third time: 30-day immediate licence suspension; education or treatment program; Ignition Interlock condition for six months; $450 penalty.
“You’ll also have to pay a licence reinstatement fee every time your licence is suspended.” – Ontario.ca – Impaired Driving (Warn Range Penalties)

2024 Law Change: Longer Warn-Range Suspensions (Bill 197)

In 2024, the Ontario government passed the Safer Roads and Communities Act, 2024 (Bill 197) which amended the Highway Traffic Act to increase the roadside suspension periods for warn-range infractions. Effective 2024, a first warn-range suspension rose from 3 days to 7 days, and a second suspension rose from 7 days to 14 days. The legislative summary of Bill 197 clearly states:

“The Bill increases the periods of time from three days to seven days for a first suspension and from seven days to 14 days for a second suspension.” – Safer Roads and Communities Act, 2024 (Bill 197), Ontario

This change reflects Ontario’s effort to crack down on impaired driving at all levels. The longer suspensions aim to deter drivers from repeating the behaviour. So, while older educational materials or websites might mention a “3-day suspension” for a first warn-range offence, drivers should be aware that it is now 7 days on the first occurrence, and a second will be 14 days. The penalty fees ($250 for first, $350 for second, etc.) and other conditions were unchanged – but the time you spend off the road has doubled for those early warnings.

Penalties for a Second Warn-Range Occurrence

If you receive a second warn-range suspension (blow 0.05–0.079 again) within 5 years of the first, Ontario treats you as a repeat offender with harsher penalties. Following the 2024 law update, a second warn-range occurrence now carries an immediate 14-day licence suspension (previously 7 days).

In other words, you will lose your driving privileges for two weeks straight, starting at the roadside when you’re pulled over. You will also face a higher administrative penalty of $350 for the second incident, plus the ~$198 licence reinstatement fee at the end of the suspension period.

In addition, a second warn-range occurrence triggers mandatory education or treatment requirements. Ontario’s Ministry of Transportation will require you to complete a remedial alcohol education program (often the “Back on Track” course) as a condition to reinstate your licence. This program is designed to address drinking and driving behaviour. It may involve attending an education session about alcohol’s effects (for moderate-risk drivers) or a longer treatment program if an assessment deems it necessary.

The requirement is often phrased as “mandatory education or treatment program (for second occurrence within 10 years)”. In practical terms, for a second warn-range suspension, you must enroll in the Back on Track program and pay the program fee (approximately $300+). Failing to complete the program will prevent you from getting your licence fully reinstated.

To recap, a second warn-range result within 5 years will result in: 14 days without a licence, a $350 penalty, a $198 reinstatement fee, and proof of completing a government-approved remedial program before you can drive again. These measures underscore that even non-criminal impaired driving infractions are taken very seriously in Ontario. The escalation from first to second occurrence is significant – not only is the suspension twice as long, but you are now being drawn into the remedial system to address potential alcohol issues.

(Note: The “second time” penalties apply if it’s within 5 years of your first. After 5 years, a prior warn-range event may no longer count against you for the escalating suspension lengths, but any occurrence within a 10-year span can trigger the program requirement. In any case, it’s best to assume repeat occurrences will be counted and avoided altogether.)

Penalties for a Third (and Subsequent) Warn-Range Occurrence

A third time blowing 0.05–0.079 (within 5 years of the others) will land you in the most severe tier of warn-range consequences. On a third warn-range infraction, you will receive an immediate 30-day driver’s licence suspension– that’s a full month without driving. The administrative monetary penalty jumps to $450 for a third or subsequent occurrence (again, this is payable to the province, not a court fine). You will still owe the ~$198 reinstatement fee afterward as well.

Beyond the month-long suspension and $450 penalty, a third occurrence brings even stricter conditions before you can legally drive again. You must attend a mandatory treatment program (a more intensive form of the remedial program, focusing on assessment and counseling for alcohol use). This is often part of the Back on Track program but geared toward repeat offenders – ensuring you recognize the seriousness of impaired driving.

Additionally, after a third warn-range suspension, you will be required to install an ignition interlock device on any vehicle you drive, as a licence condition. The ignition interlock is a breathalyzer device wired to your vehicle’s ignition; you have to blow a zero-alcohol breath sample to start your car, and periodically while driving, for a defined period (at least 6 months for warn-range cases).

The 6-month interlock condition means that once your 30-day suspension is over and your licence is reinstated, it will be reinstated with a condition that restricts you to only drive vehicles equipped with an interlock device for six months. You will have to bear the cost of installing and leasing this device (often around $1000 total) and comply with its usage (which includes regular data uploads and maintenance).

Finally, a third or subsequent warn-range suspension can lead to a mandatory medical evaluation of your driving fitness. The Ministry of Transportation may require you to undergo a medical assessment (often through your doctor or a specialist) to determine if you have an alcohol use disorder that makes it dangerous for you to drive.

This evaluation could potentially result in an extended suspension or additional conditions if the doctors believe you aren’t safe to return to driving. In short, by the third warning, the province is treating you almost like a high-risk offender, subjecting you to medical scrutiny and ongoing monitoring (interlock) similar to criminal DUI offenders.

Summary of Third-Offence Penalties: A third warn-range occurrence within 5 years will cost you 30 days without a licence, a $450 penalty, a $198 reinstatement fee, completion of a treatment program, and at least 6 months of driving with an ignition interlock device.

You’ll also undergo a medical review to ensure you’re fit to drive. Repeated “warn range” results carry very serious consequences, approaching the realm of criminal impaired driving penalties in their severity. Ontario effectively wants to intervene before you possibly progress to an even more dangerous (and criminal) offense.

Below is a table summarizing the warn-range penalties by occurrence in Ontario:

Occurrence (within 5 years) Immediate Licence Suspension Administrative Penalty (Fine) Other Consequences / Requirements
First warn-range result (BAC 0.05–0.079) 7-day suspension (was 3 days prior to 2024) $250 Pay licence reinstatement fee ($198) to get licence back; no program or interlock on first occurrence.
Second warn-range result (within 5 years of first) 14-day suspension (was 7 days) $350 Mandatory education or treatment program (e.g. “Back on Track” course) before reinstatement; $198 licence reinstatement fee.
Third (or subsequent) warn-range result (within 5 years) 30-day suspension $450 Mandatory treatment program; Ignition Interlock required for 6 months upon reinstatement; Mandatory medical evaluation; $198 reinstatement fee.

Each of the above penalties applies to fully licensed drivers in Ontario. Novice and young drivers face a zero tolerance regime (any BAC above 0 can trigger similar suspensions). Also, all suspensions are recorded on the driver’s abstract (usually for 5 years) and multiple warn-range incidents can lead to additional charges under the Highway Traffic Act.

Warn Range vs. Criminal Impaired Driving (Over 80)

It is important to understand that warn-range penalties are provincial administrative sanctions, not criminal charges. Blowing 0.05–0.079% BAC results in immediate consequences as detailed above, but it does not give you a criminal record. In contrast, if you blow “Over 80” (≥0.08% BAC) or refuse a breath test, you can be charged under the Criminal Code with impaired driving.

Immediate penalties are much tougher at 0.08 or above: the police will issue a 90-day licence suspension on the spot, impound your vehicle for 7 days, and impose a $550 administrative penalty. After that, you will face criminal proceedings in court.

If convicted of a first-time DUI (impaired driving over 80), you will get a minimum $1,000 fine (criminal fine), a criminal record, and additional penalties like a 1-year licence suspension and mandatory ignition interlock for 1 year once you regain your licence. Jail time is possible even on a first offense (though not mandatory unless there was injury or extremely high BAC), and for repeat offenders the Criminal Code mandates 30 days jail (second offense) and longer for third. In short, the punishments for actual impaired driving are far more severe than for a warn-range suspension.

Another key difference: Criminal DUI charges involve court, lawyers, and the possibility of a trial, whereas warn-range suspensions cannot be appealed in court. If you blow warn, the administrative penalties will apply automatically – there is no judge involved at that stage. You simply have to serve the suspension and comply with requirements.

That said, accumulating multiple warn-range records can indicate risky behavior. Ontario law even allows that on a third warn-range occurrence, you “may also be charged under the Highway Traffic Act”, which could mean an additional provincial offense on your record and extra fines if convicted. So while a single warn-range incident is not a criminal offense, repeated incidents can escalate matters and bring you closer to the heavy consequences that mirror criminal charges.

To put it plainly: a warn-range reading (0.05–0.079 BAC) in Ontario is treated seriously – you lose your licence for a period, pay fines, and face interventions – but it’s still a step below the full DUI charges that start at 0.08 BAC. The system is designed this way to deter drivers early, before they reach criminal impairment.

However, Ontario also makes it clear that repeated warn-range violations will not be tolerated and will result in consequences (like 30-day suspensions, interlocks, etc.) that can significantly disrupt your life. Thus, even though you avoid a criminal record if you’re in the warn range, the impact on your driving privileges and wallet is substantial and increases with each occurrence.

In summary, blowing a “warn” on a breathalyzer in Ontario (BAC of 0.05–0.079) will trigger an escalating series of penalties: a 7-day licence suspension and $250 fine for the first time, a 14-day suspension + $350 fine + mandatory education for the second, and a 30-day suspension + $450 fine + mandatory treatment + six months ignition interlock for the third – not to mention the $198 reinstatement fee each time.

These penalties were made even tougher with 2024’s Bill 197 reforms, which doubled the suspension lengths for first and second occurrences. They differ from a full DUI in that they are immediate administrative actions (no criminal charge for warn-range alone), but Ontario wants drivers to understand that driving in the “warn range” is still dangerous and carries serious consequences.

If you plan to drink, the safest course is to not drive at all – even if you believe you are “under the limit.” The so-called “0.05 suspension Ontario” law means you can lose your licence for being in that warn range, long before reaching 0.08. The warn-range Ontario penalties aim to protect the public by removing potentially impaired drivers from the road at the earliest sign of risk.

The above information should not be used for actual legal advice. If you, a friend, or loved one has been charged with a criminal drinking and driving offence, contact Jeffrey Reisman, criminal defence lawyer now by calling 647-351-4357 for a free consultation appointment.