Driving under the influence (DUI), driving while impaired (DWI), driving while intoxicated, and impaired driving are the names of one of the most severe charges in Ontario and Canada overall – impaired driving.
Getting behind the wheel under the influence of alcohol or drugs can lead to disastrous consequences and turn your life upside down. Firstly, it increases the chances of getting into an accident. Secondly, it may result in huge fines, imprisonment, losing your driver’s licence or even a job, and a criminal record.
That’s why, once you’ve got caught driving while impaired, immediately call your DUI lawyer in Ontario and don’t talk to the police until you get a proper legal consultation! And remember – the police can’t say you’re guilty; you’re not guilty until the judge says so.
What is DUI in Ontario?
Before diving into the consequences of drinking and driving, let’s clarify what is considered impaired driving by the Criminal Law of Canada.
According to section 320(14) of the Criminal Law of Canada, everyone who operates or assists the operation of a motor vehicle, aircraft, railway equipment, or vessel commits an offence if:
- the person has consumed alcohol or any drug or a combination of two and the concentration in the blood exceeds the limits;
- the person’s ability to operate was affected by alcohol or drugs to any degree.
In short, you can be accused of drinking and driving in Ontario even if your blood concentration is lower than established limits.
Prohibited Levels of Alcohol and Drugs in Blood in Ontario:
- Legal blood alcohol limit in Ontario: 80 mg or more per 100 ml of blood; warn range – 50~79 mg;
- Cannabis (THC): 2 ng (less serious offence) & 5 ng (more serious one) per 100 ml of blood.
- Combination of cannabis and alcohol: ≥50mg of alcohol per 100ml blood and ≥2.5 ng of THC per ml of blood.
- Other drugs: any detectable amount of psilocybin, LSD, ketamine, psilocin, PCP, cocaine, methamphetamine or 6-mam in the blood system.
The more you exceed the level of any substance, the more severe penalties you’ll get.
Penalties for Impaired Driving in Ontario
As mentioned, driving under influence is not a good idea because of the penalties and consequences. And one of the most important things here to understand is that there are penalties under both the Ontario Highway Traffic Act and the Criminal Code of Canada.
Penalties are the same for drug-impaired and alcohol-impaired driving.
Police officers have various equipment & tests to detect impaired drivers, including sobriety tests and roadside drug screening tools. And once they’ve found prohibited substances in your blood system, there will be corresponding legal consequences of driving under the influence. They may vary depending on your age, type of licence and amount of alcohol/drugs in your blood.
Warn-Range Alcohol Penalties in Ontario
Not every impaired driving case leads to criminal charges. In Ontario, drivers who register a blood alcohol concentration in the warn range (0.05-0.079) are subject to immediate administrative penalties, even if no criminal offence is laid.
Warn-range penalties apply at the roadside and increase with each offence:
- First offence:
- 7-day immediate licence suspension
- $250 penalty
- Mandatory education program
- Second offence:
- 14-day immediate licence suspension
- $350 penalty
- Mandatory treatment program
- Third or subsequent offence:
- 30-day immediate licence suspension
- $450 penalty
- Mandatory treatment program
- Ignition interlock condition for 6 months
These penalties are provincial, apply immediately, and are separate from criminal impaired driving charges.
Immediate Impaired Driving Penalties in Ontario (Under the HTA)
If impaired driving meets the criminal threshold, such as a blood alcohol concentration of 0.08 or higher, refusal to provide a breath or blood sample, or drug-related impairment, Ontario imposes immediate roadside penalties under the Highway Traffic Act, separate from any court proceedings.
These penalties apply before a conviction and escalate with each occurrence.
First Offence Impaired Driving Penalties:
- immediate 90 days roadside licence suspension;
- 7 days vehicle impoundment;
- $550 fine;
- mandatory education program (Back on Track program in Ontario, typically an 8-hour course, at driver’s expense)
- additional expenditures: licence reinstatement fee.
Second Offence Impaired Driving Penalties:
- immediate 90 days roadside licence suspension;
- 7 days vehicle impoundment;
- $550 fine;
- fee for licence reinstatement;
- mandatory education or treatment program (Back on Track program in Ontario, typically an 16-hour course, at driver’s expense).
Third Offence Impaired Driving Penalties:
- immediate 90 days roadside licence suspension;
- 7 days vehicle impoundment;
- $550 fine;
- fee for licence reinstatement;
- mandatory education or treatment program (Back on Track program in Ontario, typically an 16-hour course, at driver’s expense);
- Ignition interlock condition for 6+ months (as part of reinstatement requirements).
Important to Know:
- These roadside penalties are provincial and administrative.
- They apply even if the criminal charge is later withdrawn or resolved.
- Criminal penalties, including licence suspensions, fines, jail time, and ignition interlock requirements, are addressed separately upon conviction.
Ontario DUI Penalties Upon Conviction (Criminal Code of Canada)
In addition, if you’ve got a DUI criminal offence under the Criminal Code of Canada (section 320(14)), the minimum penalties will be the following (these penalties increase with each subsequent conviction.):
DUI Penalties for the First Conviction:
- Criminal record
- Minimum fine of $1,000, plus victim fine surcharge and court costs
- Driver’s licence suspension for at least 1 year
- Mandatory education or treatment program (at the driver’s expense)
- Ignition interlock device for at least 1 year (at the driver’s expense)
DUI Penalties for the Second Conviction:
- Criminal record
- Mandatory minimum jail sentence of 30 days
- Driver’s licence suspension for at least 3 years
- Mandatory education or treatment program (at the driver’s expense)
- Ignition interlock device for at least 3 years (at the driver’s expense)
- Mandatory medical evaluation before licence reinstatement
DUI Penalties for the Third Conviction:
- Criminal record
- Mandatory minimum jail sentence of 120 days
- Lifetime driver’s licence suspension, with reinstatement only possible after an extended period and under strict conditions
- Mandatory education or treatment program
- Ignition interlock device for at least 6 years
- Mandatory medical evaluation
DUI Penalties for the Fourth Conviction:
- Criminal record
- Lifetime driver’s licence suspension with no possibility of reduction
- Mandatory education or treatment program
- Permanent or near-permanent loss of driving privileges
A conviction for DUI is a signal to your insurance company that you’re a “high-risk driver”. That’s why your premiums may rise as high as $10,000/year for the next five years. Or there were cases when insurance companies cancelled policies at all.
Please note that upon conviction you won’t be able to operate any vehicle or equipment that is pulled, pushed or driven by any type of engine (including farm & construction equipment).
Penalties for DUI Causing Bodily Harm or Death in Ontario
Impaired driving offences that result in bodily harm or death carry significantly harsher penalties than standard DUI convictions, regardless of whether it is a first or subsequent offence.
Impaired Driving Causing Bodily Harm
This offence is treated as an indictable offence under the Criminal Code of Canada. Upon conviction, penalties can include:
- Imprisonment for up to 14 years
- A criminal record
- Lengthy or permanent driving prohibitions
- Mandatory treatment programs and licence reinstatement conditions
Impaired Driving Causing Death
This is one of the most serious impaired driving offences in Ontario. A conviction can result in:
- Life imprisonment
- A lifetime provincial driver’s licence suspension
- Mandatory education or treatment programs
- Ignition interlock and strict reinstatement conditions, if reinstatement is permitted at all
In addition to criminal penalties, these offences often lead to long-term insurance, employment, and immigration consequences.
DUI Look-Back Period in Ontario
Ontario uses a 10-year look-back period for impaired driving. This means previous impaired-driving convictions or certain alcohol-related suspensions within the past 10 years can cause a new incident to be treated as a repeat offence.
The look-back period affects:
- how an offence is classified (first, second, or subsequent)
- licence suspension lengths
- ignition interlock requirements
- education or treatment program obligations
Because of this, drivers are often surprised to learn that an older incident can still significantly increase current penalties.
How Long Does DUI Conviction Stay on Your Record?
A criminal record for impaired driving stays with you for life. It means that:
- it can be a deciding factor if you apply for a job;
- it can make you unsuitable for some types of jobs;
- it can restrict your travel to the USA, UK, Australia or other countries;
- Your photos and fingertips will be recorded and kept in the Canadian Police Information Centre and will be available to all police agencies.
How To Fight DUI Charges in Ontario
Drunk driving can impact the lives of everyone involved. If you’ve been charged with impaired driving causing bodily harm, you’re facing life-changing consequences. That’s why the best investment in your future will be hiring a driving while intoxicated lawyer to defend your freedom in court.
How to choose a good impaired driving lawyer?
- Pay attention to their experience in criminal trials;
- Check if they have deep knowledge of the criminal law;
- A good DUI lawyer has a strong persuasive ability to negotiate and dispute.
Things to Know About Fighting DUI Charge:
- Not every case goes to trial – some DUI charges can be resolved prior to it.
- Sometimes impaired driving charges can be withdrawn or reduced to a traffic ticket (for example, careless driving) or dropped to such a resolution that helps to avoid a criminal record.
- The police have strict instructions on collecting and presenting evidence about each DUI case to the court. Everything must be done according to them. If not – the charge can be disputed.
- You do not necessarily need to appear in court (a lawyer can appear on your behalf). Everything depends on the case.
Our professionals are always ready to help you in the most challenging times. We assist our clients with driving violations and criminal cases within our scope of practice according to the rules of the Law Society of Ontario. In case of more serious matters, we’ll connect you with an appropriate criminal lawyer that has a deep knowledge and understanding of criminal, traffic & Ontario drinking and driving laws.
Our lawyers have a proven track record of winning in courts. Because they know how to minimize the severity of your sentencing and save driving privilege with the help of an effective defence strategy. They also have a good reputation among judges.
What we provide:
- legal support at all stages;
- development of individual defence strategy;
- representation in court and at trials;
- trials preparation (if applicable);
- all paperwork associated with your case.
If you need legal advice, just make a call! There is no obligation. The initial consultation is free. Privacy and confidentiality are guaranteed!