The Warn Range in Ontario: Suspended Without Being Charged
You can lose your licence at the roadside for a reading between .05 and .08 without being charged with anything. The warn range is a provincial administrative penalty, and it operates entirely separately from the Criminal Code.
A driver who registers a blood alcohol concentration of 50 mg or more in 100 mL of blood — the 'warn range' — has their licence suspended immediately under section 48 of Ontario's Highway Traffic Act. The suspension is 7 days for a first, 14 for a second, and 30 for a third or subsequent.
What Is the Warn Range?
The criminal threshold is 80 mg of alcohol in 100 mL of blood. The warn range sits below it: 50 mg or more, but under 80.
Section 48(2) of the Highway Traffic Act provides that where a driver provides a breath sample that registers 'Warn' or 'Alert' on an approved screening device, or otherwise indicates a concentration of 50 mg or more, the officer may request that the person surrender their licence.
Section 48(4) then suspends the licence from the moment the request is made, whether or not the driver actually hands it over.
No charge is laid. No court appears. The suspension is administrative and takes effect at the roadside.
How Long Is the Suspension?
| Occurrence | Suspension |
|---|---|
| First | 7 days |
| Second | 14 days |
| Third or subsequent | 30 days |
Section 48(14) sets those periods. Section 48(15) provides that a previous suspension taking effect more than 10 years before the current one is not counted — so the escalation runs on a rolling 10-year window.
Vehicle impoundment and administrative fees can also follow, and for novice and young drivers under the graduated licensing scheme the rules are stricter again, with a zero tolerance requirement rather than a .05 threshold.
How Is This Different From Being Over 80?
| Warn range | Over 80 / refusal | |
|---|---|---|
| Threshold | 50–79 mg | 80 mg or more, or refusal |
| Provision | HTA s. 48 | HTA s. 48.3 and Criminal Code s. 320.14 / 320.15 |
| Roadside suspension | 7, 14 or 30 days | 90 days |
| Criminal charge | No | Yes |
| Criminal record on conviction | No | Yes |
Section 48.3 of the Highway Traffic Act imposes a 90-day administrative suspension where a person is shown to have a concentration of 80 mg or more, or fails or refuses to comply with a demand. That provincial suspension runs alongside the criminal prosecution, not instead of it.
So a driver over 80 faces two separate processes: an immediate 90-day provincial suspension, and a Criminal Code prosecution under section 320.14 with its own penalties and its own federal driving prohibition.
Can You Challenge a Warn Range Suspension?
Section 48(6) gives a driver who registers a warn on a screening device the right to require a second analysis, if they ask immediately after the officer requests the licence. Section 48(6.1) requires the second analysis to be performed on a different approved screening device, or on an approved instrument.
That right is time-limited and easy to lose. It must be asked for immediately, and many drivers do not know it exists.
Beyond that, the avenues are narrow. Warn range suspensions are administrative and the grounds for challenging them are limited, unlike a criminal charge where the whole of the Crown's case can be tested.
A warn range suspension is not a conviction and does not create a criminal record. It does appear on a driving record, and insurers may treat it as relevant.
Frequently asked questions
Browse every answer on this siteA blood alcohol concentration of 50 mg or more in 100 mL of blood, but below the criminal threshold of 80. It triggers an immediate administrative licence suspension under section 48 of the Highway Traffic Act.
Seven days for a first suspension, 14 for a second and 30 for a third or subsequent, under section 48(14). Suspensions more than 10 years old are not counted.
No. It is a provincial administrative penalty imposed at the roadside without a charge, a court appearance or a criminal record.
Yes, but only if you ask immediately after the officer requests your licence. Section 48(6.1) requires the second analysis to be done on a different screening device or on an approved instrument.
Section 48.3 imposes a 90-day administrative suspension, and a Criminal Code prosecution under section 320.14 follows separately, with its own penalties and a federal driving prohibition on conviction.
Facing This Charge Yourself?
This page explains the law. If the question is what happens in your own case, these are the places to go next.
Other Parts of the Law Explained
This page is general information about Canadian law, not legal advice, and reading it does not create a lawyer-client relationship. Statutes are amended; provisions are described as at the consolidation reviewed when this page was written.
Book a confidential consultation today
If you are facing charges or need legal advice, get in touch. We will discuss your options in complete confidence.