Impaired driving charges in Ontario are serious criminal offences with significant consequences for your licence, freedom, and future. If you've been charged, understanding your rights and options is essential.
Types of Impaired Driving Charges
- Impaired driving (s.320.14(1)(a)): Driving while impaired by alcohol or drugs
- Over 80 (s.320.14(1)(b)): Blood alcohol concentration at or above 80mg per 100mL of blood
- Failure to provide a breath sample (s.320.15): Refusing a roadside or station breathalyzer
- Drug impaired driving: Driving while impaired by cannabis, prescription drugs, or illegal substances
Consequences of Conviction
For a first offence:
- Minimum $1,000 fine
- Mandatory 1-year driving prohibition
- Criminal record (affecting employment, travel, insurance)
- Possible imprisonment (mandatory minimum of 30 days on second offence)
- Ontario licence suspension and mandatory ignition interlock on return
Available Defences
- Improper roadside stop (Charter s.8 right against unreasonable search)
- Right to counsel violations (Charter s.10(b))
- Improper breathalyzer procedures or maintenance records
- Rising blood alcohol (alcohol consumed shortly before driving, not yet absorbed)
- Medical conditions affecting test results
What to Do If Charged
Do not plead guilty without speaking to a criminal defence lawyer. DUI charges are complex — procedural errors by police can result in charges being dismissed. Many people successfully defend these charges with proper legal representation.