Can you go to jail for driving while disqualified? Yes – jail is a real possibility. But it isn’t automatic. Let’s find out when imprisonment is practically unavoidable and when a well-planned defence can result in a sentence of a fine or lesser charge.
When Courts Hand Out Jail for Driving While Disqualified
Driving while disqualified is a hybrid Criminal Code offence. The Crown can choose the summary track (lower ceiling) or the indictable track (higher ceiling). That choice sets the maximum jail time, but the mandatory minimums for repeat offenders apply on either track.
First conviction – jail optional:
- Summary conviction: judges may impose a term of up to 2 years, minus 1 day, but first-time offenders often receive probation or a short intermittent term.
- Indictable conviction: custody can reach 10 years, yet jail time on a first conviction is rare.
Second conviction – jail mandatory:
- Statutory floor: 30 days (summary) or 120 days (indictable).
- Max. jail time: the same 2 years minus 1 day (summary) or 10 years (indictable) are still available if aggravating factors – alcohol, collision, flight from police – push the judge upward.
Third & subsequent convictions – longer mandatory jail:
- Minimum 120 days in jail regardless of track.
- Judges regularly move into the multi-month territory and can still hit the 2-year-minus-a-day or 10-year ceilings when the facts are serious.
| Offence count | Minimum jail | Maximum jail (summary / indictable) |
| 1st | none | 2 yrs (less a 1 day) / 10 yrs |
| 2nd | 30 d (summary) / 120 d (indict.) | 2 yrs (less a 1 day) / 10 yrs |
| 3rd+ | 120 d | 2 yrs (less a 1 day) / 10 yrs |
Bottom line: Jail time is very much on the table for a first offence, and the likelihood increases sharply with any subsequent conviction. The sentence a judge imposes, whether brief or approaching the statutory maximum, hinges on the case facts, the aggravating or mitigating evidence you can present, and the strength of your legal defence.
Even if you avoid or limit jail time, the court will still hit you with fines, a fresh driving prohibition, a 45-day vehicle impound, and sky-high insurance premiums – see our full complete of the penalties for driving while prohibited.
A Note on Judicial Discretion
The figures above are guideposts, not guarantees. Sentencing in Ontario turns on the specifics of your case and the judge’s discretion:
- Aggravating factors: alcohol or drugs, a collision, fleeing police, or having a child passenger will push the sentence higher, even on a first conviction.
- Mitigating factors: a clean record, genuine emergency, early guilty plea, and documented rehabilitation can shorten custody or replace it with a fine and probation.
- The Crown’s prosecution route: if the case proceeds summarily, the maximum jail term is two years less a day; an indictable prosecution raises the ceiling to ten years.
Why Professional Defence Matters
Most of the moves that keep jail off the table – pulling full disclosure, spotting service errors, negotiating charge reductions – happen inside the legal system, not at the roadside. That work requires counsel who is familiar with the courts, the Crown’s policies, and the sentencing practices of each judge.
How X-COPS strengthens your position:
- Complete disclosure review: we obtain every police note, service affidavit, and video, then flag technical or Charter flaws that can sink the charge.
- Credible mitigation package: employment records, rehabilitation proof, and third-party letters are assembled into a brief the Crown and court take seriously.
- Focused negotiation or trial defence: we press for a withdrawal or an HTA plea when the facts allow; if trial is the better path, we cross-examine the officers and service clerks to undermine the Crown’s case.
A short, no-obligation consult will tell you whether your file has the defects or mitigation needed to avoid custody. If jail is on the horizon, getting X-COPS involved early gives you the best chance to change that outlook. Call us today!