While not generally advisable, drinking and driving in and of itself is not illegal in Canada. What is illegal is driving while your ability to operate a motor vehicle is impaired by alcohol. If your blood alcohol level is more than 80mg of alcohol per 100ml of blood and you are caught driving or have care and control of a motor vehicle then you can be charged with “over eighty”.
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.