Impaired Driving Lawyer Toronto | DUI Defence

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Impaired driving, often called DUI or drunk driving, is a criminal offence under section 320.14(1)(a) of the Criminal Code. A person charged in Toronto or anywhere else in Ontario faces an immediate 90-day licence suspension at the roadside, a mandatory minimum fine and a driving prohibition if convicted, and a criminal record. Many impaired driving cases are successfully defended, because the outcome usually turns on how the police investigation was conducted and how the evidence of impairment holds up.

What is impaired driving under Canadian law?

Section 320.14(1)(a) of the Criminal Code makes it an offence to operate a conveyance while your ability to operate it is impaired to any degree by alcohol, a drug, or a combination of both. Conveyance is the Code's umbrella term for a motor vehicle, a vessel, an aircraft, and railway equipment, which is why the same offence covers impaired boating. To convict, the Crown must prove three things beyond a reasonable doubt:

Identity: the accused was the person operating the vehicle.
Operation: the accused operated the conveyance. The Criminal Code defines operate to include having care or control of the vehicle, so driving is not required: a person behind the wheel of a parked car commits the offence where there is a realistic risk the vehicle will be set in motion.
Impairment: the accused's ability to operate was impaired by alcohol or a drug. The section captures impairment to any degree, so even slight impairment counts, but it must be proved by evidence, typically driving behaviour, physical observations, and breath or blood results.

Impaired driving is a separate charge from driving over 80, which is based on blood alcohol concentration rather than observed impairment. In Ontario, police commonly lay both charges from a single incident.

Penalties for impaired driving in Ontario

Consequences come in two waves: immediate administrative consequences under Ontario law, and criminal penalties if the charge ends in a conviction.

Immediate consequences at the roadside

Before any finding of guilt, Ontario imposes a 90-day administrative driver's licence suspension and a 7-day vehicle impoundment. Both take effect at the roadside the moment a driver fails or refuses breath testing; nothing waits for a conviction. A $550 administrative penalty follows, plus a licence reinstatement fee, towing and storage costs, and, since January 2026, a mandatory education or treatment program at this stage.

Criminal penalties on conviction

First offence: a mandatory minimum fine of $1,000 and a driving prohibition of 1 to 3 years. Jail is available but not mandatory for most first offences.
Second offence: a mandatory minimum of 30 days in jail and a prohibition of 2 to 10 years.
Third or subsequent offence: a mandatory minimum of 120 days in jail and a prohibition of at least 3 years.

The maximum penalty is 10 years in prison if the Crown proceeds by indictment, or 2 years less a day if it proceeds summarily. On top of the criminal sentence, Ontario suspends the driver's licence under the Highway Traffic Act (generally 1 year for a first conviction), requires the Back on Track remedial program (currently $894, paid by the driver), and imposes an ignition interlock condition. Insurance consequences are often the most expensive part of a conviction.

Ontario's ignition interlock program and the 90-day deadline

Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program can shorten the licence suspension dramatically, but the best stream has a strict deadline. A first offender who pleads guilty and is sentenced within 90 days of the offence date (Stream A) can generally get back on the road after a 3-month suspension followed by at least 9 months with an interlock device. A first offender sentenced after the 90 days (Stream B) generally faces a 6-month suspension and at least 12 months of interlock. A second offender must act within the 90 days to qualify for a reduced suspension at all; missing that window generally means the full 3-year suspension. Because the deadline runs from the date of the alleged offence, this is one of the first things to assess in any impaired driving file in Ontario.

Possible defences to an impaired driving charge

Defences that may apply depending on the evidence include:

Charter challenges: whether the stop, detention, demands, and arrest complied with sections 8, 9, and 10(b) of the Charter, including the right to speak to a lawyer without delay. Breaches can lead to the exclusion of breath results.
Roadside screening problems: an approved screening device test administered too soon after drinking, burping, or having something in the mouth can produce an unreliable fail, which can undermine the grounds for everything that followed.
Breath instrument compliance: the Criminal Code presumes breath results accurate only if specific testing conditions were met, including the interval between tests and the required system checks.
Proof of impairment or operation: weak or ambiguous observations, or a real issue about who was driving or whether the vehicle was being operated.
Disclosure and delay: missing records about the investigation, and unreasonable delay under section 11(b) of the Charter and the Jordan framework.

Frequently asked questions

Will I go to jail for a first impaired driving offence?

Usually not. In Ontario, a first conviction generally carries a mandatory minimum fine of $1,000 rather than jail, unless there are aggravating features such as a collision, injuries, or a very high blood alcohol reading. Jail becomes mandatory for second and subsequent convictions.

How long will I lose my licence?

There is an automatic 90-day suspension in Ontario that begins at the roadside when you fail or refuse breath testing, before any trial. On conviction, a first offender generally faces at least a 1-year suspension, which Ontario's ignition interlock program can reduce to as little as 3 months if strict conditions and a 90-day deadline are met.

What is the difference between impaired driving and over 80?

Impaired driving is about your ability to drive being impaired by alcohol or a drug, proved through observations and driving evidence. Over 80 is about your blood alcohol concentration being at or above 80 mg of alcohol in 100 mL of blood, proved through breath or blood testing. Both charges are often laid together in Ontario.

Can I drive to work while my licence is suspended?

Not during the initial 90-day administrative suspension, which has no work exception. After a conviction, the ignition interlock program is what allows many people in Ontario to drive again on a restricted basis, with the device installed in their vehicle.

Can an impaired driving charge be beaten?

Many impaired driving charges in Ontario are successfully defended, most often through Charter applications and challenges to the breath testing procedure. Outcomes depend on the specific evidence in each case, so an early review of the disclosure matters.

Do I need a lawyer for an impaired driving charge?

These cases are technical: the defences live in the details of the stop, the demands, and the testing, and there are early deadlines, including the 90-day interlock window. A criminal defence lawyer can review the disclosure and identify issues that are not obvious from the police synopsis.

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