What Driving Offences Charges Mean in Ontario
Impaired driving charges in Ontario are among the most serious motor vehicle offences and carry mandatory minimum penalties. The Criminal Code prohibits:
- Impaired Driving (s. 320.14) - Operating a vehicle while impaired by alcohol or drugs
- Over 80 (s. 320.14) - Blood alcohol concentration at or over 80mg/100ml
- Refusal to Provide Sample (s. 320.15) - Refusing a lawful breath or blood demand
- Dangerous Driving (s. 320.13) - Operating a vehicle in a manner dangerous to the public
- Care or Control - Being in care or control of a vehicle while impaired
Ontario also has the "warn range" (0.05-0.079 BAC) which results in immediate roadside suspensions under the Highway Traffic Act, separate from criminal charges.
Potential Penalties & Consequences
First Offence (Criminal Code):
- Mandatory minimum $1,000 fine
- Up to 10 years imprisonment (indictable)
- 1-year driving prohibition (minimum)
- Ignition interlock requirement for 1+ years
Second Offence:
- Mandatory minimum 30 days imprisonment
- 2-year driving prohibition (minimum)
- 3-year ignition interlock requirement
Third+ Offence:
- Mandatory minimum 120 days imprisonment
- 3-year driving prohibition (minimum)
- Lifetime ignition interlock requirement
Additional consequences: Massive insurance increases, criminal record, employment impacts, travel restrictions to the US.
How We Defend Driving Offences Cases
What Happens After an Arrest
After a DUI arrest in Ontario:
- Roadside Testing: Police may demand an Approved Screening Device (ASD) test
- Station Testing: If you fail the ASD, you'll be taken for Intoxilyzer testing at the station
- 90-Day Suspension: Your licence is immediately suspended
- Vehicle Impoundment: Your vehicle is impounded for 7 days
- Release: You'll be released with a court date
- First Appearance: Usually at a provincial court within weeks
Time-sensitive: You have limited time to appeal the administrative suspension. Contact a lawyer immediately.
Frequently Asked Questions
Can I beat a DUI charge in Ontario?
Yes, DUI charges can be successfully defended. Common defences include challenging the legality of the traffic stop, the timing of breath demands, the calibration and operation of testing devices, and Charter rights violations. Technical defences are often the key to DUI acquittals.
What happens if I refused the breathalyzer?
Refusing a lawful breath demand carries the same penalties as impaired driving. However, there may be defences available, including whether the demand was lawful, whether you had a reasonable excuse for not providing a sample, or whether your rights were violated.
Will I lose my licence immediately?
Yes, Ontario has an immediate 90-day administrative licence suspension (ADLS) upon being charged with impaired driving. This is separate from any criminal driving prohibition. You may be eligible for an interlock device after a certain period.
How does a DUI affect my insurance?
A DUI conviction typically increases insurance rates by 3-5 times for several years. Some insurers may refuse to cover you entirely, requiring you to obtain expensive high-risk insurance through Facility Association.
Areas Served
Serving clients across the GTA including Toronto, Markham, Newmarket, Richmond Hill, Vaughan, Brampton, Mississauga, Hamilton, Niagara, Kitchener, Oshawa, and all surrounding areas.