OPP report a 90-day licence suspension and seven-day vehicle impoundment following an October 15 traffic stop
SAULT STE. MARIE — A report from a concerned member of the public led Sault Ste. Marie Ontario Provincial Police officers to arrest a local man on an alcohol-related driving charge.
According to the OPP, an officer conducting stationary patrol on Highway 17 in Aweres Township was approached at approximately 2:41 p.m. on October 15, 2026. A member of the public reported a possible impaired driver travelling toward Sault Ste. Marie in a black pickup truck.
Police patrolled south and located the vehicle on Sackville Road. Officers conducted a traffic stop and reported that their investigation determined the driver had consumed alcohol.
Paul Kowalyk, 58, of Sault Ste. Marie, was arrested and charged with one count of operation while impaired — blood alcohol concentration, 80 plus.
Kowalyk is scheduled to appear before the Ontario Court of Justice in Sault Ste. Marie on November 16, 2026.
Police also issued a 90-day Administrative Driver’s Licence Suspension and impounded the vehicle for seven days.
The charge has not been proven in court. Kowalyk is presumed innocent unless proven guilty.
What the “80 plus” charge means
The offence described by police falls under section 320.14(1)(b) of the Criminal Code. Subject to specified statutory exceptions, it prohibits having a blood alcohol concentration of 80 milligrams or more of alcohol per 100 millilitres of blood within two hours after ceasing to operate a vehicle.
This is a blood-alcohol-concentration offence. It is distinct from the separate offence of operating a vehicle while a person’s ability is impaired to any degree by alcohol or drugs. The OPP release lists only the “80 plus” charge in this case.
Police did not disclose the accused’s alleged blood alcohol reading.
Potential penalties upon conviction
Under section 320.19, the offence can proceed by summary conviction or indictment, depending on the Crown’s election.
The ordinary statutory minimum penalties include:
| Circumstance | Minimum penalty |
|---|---|
| First offence, blood alcohol concentration from 80 to below 120 mg per 100 mL | $1,000 fine |
| First offence, concentration from 120 to below 160 mg per 100 mL | $1,500 fine |
| First offence, concentration of 160 mg per 100 mL or higher | $2,000 fine |
| Second qualifying offence | 30 days in jail |
| Third or subsequent qualifying offence | 120 days in jail |
For a summary conviction, the maximum is two years less a day in jail, a $5,000 fine, or both. If prosecuted by indictment, the maximum prison sentence is 10 years. These are statutory limits, not predictions of a sentence in this case.
The release provides no information about prior convictions, and none should be assumed.
A conviction can also bring a driving prohibition
Section 320.24 generally requires a court-imposed driving prohibition in addition to other punishment:
- First offence: One to three years.
- Second offence: Two to 10 years.
- Subsequent offences: At least three years.
The legislation adds any imposed prison term to those prohibition periods.
Limited statutory exceptions can apply. For example, successful completion of an approved treatment programme through the court process described in section 320.23 can affect mandatory minimum punishment and the requirement for a prohibition order.
The 90-day suspension and seven-day impoundment already reported by police are administrative measures. They are separate from any sentence following a criminal conviction and do not establish guilt.
OPP encourage reports of suspected impaired driving
Police thanked the member of the public who brought the concern to the officer’s attention.
The OPP encourage anyone who suspects a driver is impaired by alcohol, drugs or fatigue to call 9-1-1. Report the vehicle’s location, direction of travel and description when it is safe to do so. Do not attempt to stop or confront the driver.
