Impaired driving charges in Ontario carry serious consequences that can follow you for years. Under section 320.14 of the Criminal Code of Canada, impaired operation is a federal criminal offence, not a traffic violation. The moment a charge is laid, you are in the criminal justice system. Understanding what that means, and what happens next, is the first step.
This article explains the three most common impaired driving charges in Ontario, the immediate and long-term consequences of each, and why it is important to speak with a criminal defense lawyer promptly.
Three Common Impaired Driving Charges in Ontario
Police can lay different charges depending on how impairment is detected and how the driver responds. These are the three most frequently encountered.
Impaired Operation
This charge applies when police observe signs of impairment while you are operating or have care and control of a motor vehicle. Observable signs include erratic driving, slurred speech, poor coordination, or the odor of alcohol or cannabis. No breath test result is required for this charge. The Crown must prove that alcohol, a drug, or a combination of both impaired your ability to operate the vehicle.
Over 80: Blood Alcohol Concentration
A blood alcohol concentration (BAC) at or above 80 milligrams of alcohol per 100 milliliters of blood is a separate criminal offense regardless of whether actual impairment can be proven. Results from an approved screening device at the roadside, followed by a breathalyzer test at the police station, form the basis of the Crown’s case. The technical requirements for gathering this evidence are specific and frequently contested.
Refusal to Provide a Breath Sample
Refusing or failing to comply with a lawful demand for a breath sample is itself a criminal offense and carries the same penalties as an over 80 conviction. There is no legal right to consult a lawyer before complying with a roadside screening demand. However, you do have the right to counsel before providing the evidentiary breath sample at the station.
Immediate Consequences After a Charge
An impaired driving charge in Ontario triggers consequences before any court hearing takes place. Under the Ontario Highway Traffic Act, police can suspend your license immediately at the roadside. A first occurrence typically results in a 90-day administrative license suspension. Your vehicle may also be impounded for seven days at your expense.
These administrative consequences are separate from the criminal process and take effect whether or not you are ultimately convicted. Challenging them requires prompt action and awareness of specific timelines.
Long-Term Consequences of a Conviction
A criminal conviction for impaired driving creates a permanent criminal record. The practical effects of that record are broad and lasting.
- Travel restrictions: the United States considers impaired driving a serious offense and may deny entry to anyone with a conviction, even years later
- Employment: many employers require criminal record checks, and a conviction can affect opportunities in fields including transportation, healthcare, finance, and government
- Insurance: a conviction typically results in significantly higher premiums for several years, and some insurers may decline to renew coverage
- Ignition interlock: most convictions require installation of an ignition interlock device on any vehicle you drive, at your expense, for a period set by the court
- Driving prohibitions: courts impose mandatory driving prohibitions ranging from one year to three years for a first offense, longer for repeat convictions
Why the Defenses That Exist Matter
Impaired driving charges are among the most frequently contested criminal charges in Ontario courts. The technical requirements for collecting breath-sample evidence are precise and time-sensitive. Police must follow specific procedures when making demands, administering tests, and maintaining equipment. The Charter of Rights and Freedoms protects your right to be free from unreasonable search and seizure and to be informed of your right to counsel without delay.
A defense lawyer reviews the disclosure package, which includes everything the Crown intends to use against you, and assesses whether any procedural or Charter issues arose. If they did, evidence may be excluded, and charges may not proceed as expected. These are not trivial considerations. They apply in a meaningful number of cases.
What to Do After an Impaired Driving Charge
Say as little as possible. You have the right to remain silent, and anything you say to the police can be used against you. Exercise your right to counsel as soon as it is offered. Write down everything you remember about the stop while it is fresh: the time, the location, what was said, what procedures were followed, and how you were treated.
Contact a criminal defense lawyer in Ontario as soon as possible. The disclosure package, the timeline, and any challenge to administrative suspensions all involve deadlines. Delay does not help. Criminal defence lawyers in Brampton, including those listed on Top Lawyers Canada, as well as criminal defense lawyers in Toronto and criminal defence lawyers in Ottawa, can review your specific situation and advise you on the legal options available to you.
Frequently Asked Questions
Is impaired driving a criminal offense in Canada?
Yes. Impaired operation of a motor vehicle is a federal criminal offence under section 320.14 of the Criminal Code of Canada. It is not a provincial traffic violation. A conviction results in a criminal record and the consequences that follow, including potential travel restrictions and employment implications.
Can I lose my license immediately after being charged, even before going to court?
|Yes. Ontario’s Highway Traffic Act allows police to impose an administrative license suspension at the roadside, separate from any court process. A first impaired driving occurrence typically results in a 90-day license suspension and a seven-day vehicle impoundment, both of which take effect immediately and independently of whether you are ultimately convicted.
What is the difference between “impaired operation” and an “over 80” charge?
Impaired operation is based on observed signs of impairment and does not require a specific breath test result. An over 80 charge is based on a blood alcohol concentration reading at or above 80 milligrams per 100 milliliters of blood. A driver can be charged with one or both, depending on the evidence. Both are criminal offenses carrying the same maximum penalties.
Can impaired driving charges actually be defended successfully in court?
Many can be, yes. The evidentiary requirements for breath testing in Ontario are technically specific, and police are required to follow precise procedures during the stop, the demand for a sample, and the administration of the tests. Charter rights protect against unreasonable searches and unlawful detention. If any of these requirements were not met, a defense lawyer can seek to exclude evidence or challenge the charge. The strength of any particular defense depends on the specific facts of the case.
How soon should I contact a lawyer after an impaired driving charge?
As soon as possible. Administrative suspension deadlines, disclosure timelines, and any Charter-based challenges all have time-sensitive components. Waiting is never advantageous. Many criminal defense lawyers in Ontario offer a first consultation at no cost. Review the questions to consider before hiring one using our guide to 10 questions to ask a criminal lawyer.