What to Do If You're Charged with Impaired Driving in Ontario

Being charged with impaired driving (commonly referred to as a DUI) in Ontario is a serious matter with potentially life-altering consequences. If you or someone you know is facing these charges, understanding the process and your rights is the first step toward protecting your future.

What Happens After You're Charged

When you're charged with impaired driving in Ontario, you'll typically be released with a court date. Your driver's licence may be immediately suspended under the Administrative Driver's Licence Suspension (ADLS) program. You'll be given documents including your appearance notice, certificate of analysis (if a breath sample was taken), and any other disclosure.

It's critical that you contact a criminal defense lawyer as soon as possible — ideally before your first court appearance. The decisions you make in the first few days can significantly impact the outcome of your case.

Your Rights During a Traffic Stop

You have the right to remain silent beyond providing your name, licence, registration, and insurance. You have the right to speak with a lawyer before providing a breath sample at the police station (though roadside screening demands are different). Any violation of these rights could be grounds for having evidence excluded at trial.

Potential Consequences of a Conviction

A first-offence impaired driving conviction in Ontario carries a minimum $1,000 fine and a one-year driving prohibition. Subsequent offences carry mandatory jail time. Beyond the criminal penalties, a conviction means a criminal record, significantly increased insurance rates, potential job loss, and travel restrictions — particularly to the United States.

Possible Defenses

Every impaired driving case is different, but common defense strategies include challenging the legality of the traffic stop, questioning the reliability of breathalyzer equipment and procedures, examining whether your Charter rights were respected, and identifying procedural errors by police. An experienced criminal defense lawyer will review every detail of your case to identify the strongest defense strategy.

Why You Need a Lawyer

Impaired driving law in Ontario is complex and constantly evolving. The consequences of a conviction are severe and long-lasting. Having an experienced criminal defense lawyer who understands the science behind breath testing, the procedural requirements police must follow, and the available defense strategies can make the difference between a conviction and having your charges withdrawn or reduced.