Impaired operation or over 80
Criminal Code section: s. 320.14
Maximum penalty: 10 years by indictment; 2 years less a day on summary conviction; minimum fines and jail for repeat offences
DUI and Impaired Driving Lawyer in Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
- Free consultation
- Speak directly with your lawyer
- Flexible payment plans
- English, Punjabi and Hindi
Charged with impaired driving? Tell us what happened.
Regulator
In Ontario, the charge commonly called DUI is impaired driving, a criminal offence under section 320.14 of the Criminal Code. A first conviction carries a minimum $1,000 fine and a driving prohibition of one to three years, plus separate Ontario licence suspensions. A lawyer can review the stop, the breath tests and your Charter rights.
You were stopped, asked to blow, and now you have a court date, a suspended licence and a car in the pound. You may be worried about your job, your insurance and how you will get around.
Aftermath Law defends people charged with impaired driving, over 80 and refusal in Ontario. An impaired driving and DUI lawyer can review how the stop, the demand and the breath tests were handled, and explain your options in plain language.
Impaired driving charges laid in Mississauga and Brampton are generally heard at the Brampton courthouse in Peel Region. You can reach a lawyer at any hour, including right after an arrest.
Charged with impaired driving?
Impaired driving guides
8 guidesPenalties
Penalties and consequences
The minimum depends on how many times you've been convicted before. Tap to compare.
FIRST
MINIMUM
$1,000 fine
Higher with a high reading or a refusal (below).
DRIVING BAN
1 to 3 years
Mandatory, plus any time in jail.
MAXIMUM
10 years
By indictment. 2 years less a day and/or a fine up to $5,000 if the Crown proceeds summarily.
SECOND
MINIMUM
30 days in jail
Mandatory for a second offence.
DRIVING BAN
2 to 10 years
Mandatory, plus any time in jail.
MAXIMUM
10 years
By indictment. 2 years less a day and/or a fine up to $5,000 if the Crown proceeds summarily.
THIRD +
MINIMUM
120 days in jail
Mandatory for each later offence.
DRIVING BAN
At least 3 years
Mandatory, plus any time in jail.
MAXIMUM
10 years
By indictment. 2 years less a day and/or a fine up to $5,000 if the Crown proceeds summarily.
Your reading sets the first offence minimum fine
Over 80 charges, blood alcohol in mg per 100 mL of blood
$1,00080 to 119
$1,500120 to 159
$2,000160 or more
Refused a breath or blood sample$2,000
These higher minimums apply to first offences.
Criminal penalties (Criminal Code, s. 320.19 and s. 320.24)
Ignition interlock waiting period First: set by the court, may be none. Second: 3 months. Subsequent: 6 months.
Ontario licence penalties (provincial, separate from the criminal case)
Roadside: BAC of 80 or more, or failing or refusing a test Immediate 90-day licence suspension, 7-day vehicle impoundment, a monetary penalty, and a required education or treatment program
After a first criminal conviction Licence suspension of at least 1 year, mandatory education or treatment, ignition interlock for at least 1 year
Second conviction within 10 years Licence suspension of at least 3 years
Third conviction within 10 years Lifetime suspension, which may be reduced after 10 years
An impaired driving case has two tracks. The criminal case is under the Criminal Code. Ontario's licence penalties are separate and can apply even before you go to court.
Ontario changed some impaired driving penalties as of July 1, 2026. Check the current provincial amounts and rules on the Ontario impaired driving page.
Maximum penalties are the most a court can impose. They are not predictions of what will happen in your case.
These are maximums set by law, not predictions.
- Your home and familyRelease conditions can keep you out of your own home or away from family.
Release conditions while your case is open may also limit where you go and whether you drink.
We work to have conditions varied. - Your job and licenceEmployers and regulators often ask about charges, not just convictions.We tell you what to disclose, and when.
- Your travel and statusA conviction can affect U.S. entry and immigration status.
It may affect travel to other countries, employment that involves driving, and insurance. If you are not a Canadian citizen, a conviction for an offence with a 10-year maximum may raise inadmissibility issues under s. 36 of the Immigration and Refugee Protection Act.
We assess this before any resolution. - Your drivingMandatory
Driving prohibition: First: 1 to 3 years. Second: 2 to 10 years. Subsequent: at least 3 years. Each is in addition to any jail term.
- Your recordA withdrawal, peace bond or discharge is not a conviction.We explain which options may apply to you.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
4 GUIDESSentencingSentencing options in CanadaHow judges choose between a discharge, probation and jail.SentencingConditional and absolute dischargesHow a discharge differs from a conviction, and when it applies.Criminal recordsIs a conditional discharge a criminal record?How discharges show up on records and background checks.Criminal recordsCriminal charges and immigration statusHow a charge or conviction can affect your immigration status.
The law
What the Crown must prove
Impaired operation (s. 320.14(1)(a))
The Crown must prove all two.
Operating. You operated a car or another conveyance.
Your ability. Alcohol, drugs or both affected your ability to operate it, even slightly.
Over 80 (s. 320.14(1)(b))
The Crown must prove all three.
Operating. You operated a car or another conveyance.
Blood alcohol. Your blood alcohol was 80 milligrams or more per 100 millilitres.
Within two hours. That was your level within two hours after you stopped driving.
Read more about over 80 charges and drug-impaired driving and THC limits.
Refusal (s. 320.15)
The Crown must prove all three.
Valid demand. A valid demand was made for a sample or test.
Your knowledge. You knew about the demand.
Your response. You failed or refused to comply with the demand.
A reasonable excuse may be a defence.
Read the legal wording
"DUI" and "drunk driving" are the common terms, but the Criminal Code uses "operation while impaired." There are several separate offences, and each has its own elements.
Impaired operation, s. 320.14(1)(a). The Crown must prove you operated a conveyance, such as a car. It must also prove your ability was impaired to any degree by alcohol or a drug.
Over 80, s. 320.14(1)(b). The Crown must prove your blood alcohol concentration was 80 mg or more of alcohol in 100 mL of blood. The test is your level within two hours after you stopped driving. Separate offences cover drug concentrations and combined alcohol and drug concentrations.
Refusal, s. 320.15. The Crown must prove a lawful demand was made, you knew about it, and you failed or refused to comply without a reasonable excuse.
Mandatory alcohol screening
Under s. 320.27(2), an officer with an approved screening device can demand a roadside breath sample from a driver during a lawful stop. The officer does not need to suspect you have been drinking. The sample must be provided immediately.
Under s. 320.27(1), an officer who reasonably suspects alcohol or a drug in your body can also demand roadside tests. These include physical coordination tests or a screening device sample.
Why timing of the samples matters
After a fail or other grounds, an officer may demand breath samples at the station under s. 320.28. Those samples must be taken "as soon as practicable."
Under s. 320.31, breath samples must be at least 15 minutes apart, and the results must agree within 20 mg. If the first sample comes more than two hours after driving, the law adds 5 mg for each extra 30 minutes.
The law also has a narrow exception for drinking after you stopped driving, in s. 320.14(5). It applies only where, among other conditions, you had no reasonable expectation of being asked for a sample. Timing details like these can affect how strong the Crown's case is.
Other driving charges
Dangerous driving and driving while prohibited
These are separate Criminal Code offences. They are sometimes charged together with impaired driving, and sometimes on their own.
Dangerous operation, s. 320.13. The Crown must prove you operated a conveyance in a manner that, having regard to all of the circumstances, was dangerous to the public. Careless or poor driving is not enough.
The Crown must show your driving was a marked departure from what a reasonable, prudent driver would have done in the same situation. If the driving caused bodily harm or death, the charge is more serious (s. 320.13(2) and (3)).
Operation while prohibited, s. 320.18. The Crown must prove you operated a conveyance while you were prohibited from doing so. The prohibition must come from a court order under the Criminal Code, or from a provincial licence restriction imposed because of a Criminal Code conviction or discharge. There is an exception for drivers who are registered in a provincial ignition interlock program and following its conditions.
Driving while your licence is suspended for other reasons, such as unpaid fines or demerit points, is usually a provincial offence under Ontario's Highway Traffic Act, not a criminal charge.
Failing or refusing a breath or blood demand
Criminal Code section: s. 320.15
Maximum penalty: 10 years by indictment; 2 years less a day on summary conviction; minimum fine $2,000 for a first offence
Dangerous operation
Criminal Code section: s. 320.13(1)
Maximum penalty: 10 years by indictment; 2 years less a day on summary conviction
Dangerous operation causing bodily harm
Criminal Code section: s. 320.13(2)
Maximum penalty: 14 years by indictment; 2 years less a day on summary conviction
Dangerous operation causing death
Criminal Code section: s. 320.13(3)
Maximum penalty: Life; indictable only
Operation while prohibited
Criminal Code section: s. 320.18
Maximum penalty: 10 years by indictment; 2 years less a day on summary conviction
A court may also make a driving prohibition order for any of these offences (s. 320.24). Ontario licence suspensions apply separately.
Roadside steps
From the roadside to court
At the roadside
Screening demand
An officer with an approved screening device can demand a breath sample during a lawful stop (s. 320.27).
At the station
Breath tests
After a fail or other grounds, samples are taken on an approved instrument, at least 15 minutes apart (ss. 320.28 and 320.31).
Same day
Ontario suspension
Ontario imposes an immediate 90-day licence suspension and a 7-day vehicle impoundment, separate from the criminal case.
Release
Court date
You are usually released with papers showing your first court date.
The following weeks
Disclosure
We review the video, the breath records and the timing of each step.
The outcome
Resolution or trial
Charter issues or gaps in the evidence can affect the result. The Crown must prove every element.
THE COURT PROCESS
How your case moves through court in Ontario
Day 1
Arrest and release
Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.
First court date
First appearance
Your lawyer can usually appear for you by filing a designation, so you may not have to attend.
The following weeks
Disclosure
The Crown must share its evidence, such as police notes, video and statements. We review all of it.
Discussions
Crown pre-trial
We meet the Crown to discuss the evidence, its weak points and possible resolutions.
Narrowing the issues
Judicial pre-trial
In many cases, a judge meets with both sides to narrow the issues and plan the next steps.
The outcome
Resolution or trial
The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.
See each step in DUI charges in Ontario: what happens next.
Your options
Possible outcomes
Every case is different, and no outcome can be promised. Depending on the evidence, possible outcomes may include:
No conviction
These outcomes end the case without a criminal conviction.Charge withdrawn or stayedThe prosecution drops or halts the charge.
By the Crown, for example where the evidence has gaps.
AcquittalFound not guilty at trial.
At trial if the Crown cannot prove every element beyond a reasonable doubt.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
Guilty plea with the penalties above, where that is your informed choice after reviewing disclosure.
Depends on the case
These steps can lead to either result.Evidence excludedThe court keeps evidence out of the case.
Under Charter s. 24(2) if your rights were breached, which can weaken the Crown's case.
THE CROWN'S VIEW
How the Crown looks at an impaired driving file
Every impaired driving charge must meet the Crown's two-part test. There must be a reasonable prospect of conviction, and the case must be in the public interest. These cases are usually decided on the evidence, so that is where the review focuses.
Impaired driving cases are technical. A prosecutor reviewing the file looks at whether the officer had proper grounds for each demand, whether the breath samples were taken properly on an approved instrument, and whether your right to a lawyer was explained and respected. The law lists records about the breath machine that the Crown must hand over (s. 320.34). Our lawyer trained at an Ontario Crown Attorney's Office, so we know where these files tend to have gaps.
If police broke your Charter rights to get key evidence, a court may exclude it. The Crown must then reconsider whether a conviction is still realistic, and the stakes are high. A conviction brings a minimum fine and a driving ban, and the 10-year maximum can make a permanent resident inadmissible. See our guide to impaired driving defences.
Your defence
How we defend impaired driving charges
What do the testing records show? - Criminal Code s. 320.31
Section 320.31(1) gives conclusive effect to breath results from an approved instrument operated by a qualified technician only when its conditions are met. These include blank and calibration checks before each sample, at least 15 minutes between samples, and rounded results no more than 20 mg of alcohol per 100 mL of blood apart. We compare technician records, instrument checks and reported results against those requirements.
Was the demand authorized? - Criminal Code ss. 320.27–320.28; Charter s. 8
Section 320.27 distinguishes suspicion-based screening from mandatory alcohol screening. The mandatory route requires an officer who has an approved screening device and is lawfully exercising a power, and a person operating a motor vehicle. Section 320.28 uses separate grounds for further testing, including reasonable belief for its main alcohol and drug routes. We compare the stop, device availability, observations, demand wording and timing with the route relied on.
The stop and detention timeline - Charter s. 9
The reason for the stop and what happened as it continued require separate review. Section 9 protects against arbitrary detention. We compare dispatch information, police notes and recordings with the reasons given for each stage, rather than assuming the initial stop answers every later detention question.
Access to a lawyer before questioning or testing - Charter s. 10(b)
When and how access to counsel was provided can matter to an impaired-driving file. Section 10(b) protects the right to retain and instruct counsel without delay on arrest or detention and to be informed of that right. We review the caution, requests, telephone records and testing sequence, taking account of the legal rules applicable to the particular roadside or station procedure.
Timing and blood-sample controls - Criminal Code s. 320.28
Section 320.28 requires specified demands and samples as soon as practicable, and permits blood sampling only by a qualified medical practitioner or technician satisfied it will not endanger health. It also addresses sealed containers and retaining a sample; noncompliance with those two rules does not by itself invalidate the sample or analysis. We check the chronology, collection records, containers and retained-sample information against the applicable requirements.
The alleged failure or refusal - Criminal Code s. 320.15
A refusal allegation is not simply the absence of a completed test. Section 320.15 addresses failure or refusal to comply with a demand under section 320.27 or 320.28, knowing the demand was made and without reasonable excuse. We review the demand, what you were told, attempts to comply and any relevant medical or communication records before assessing the allegation.
WHAT TO DO NOW
What to do if you have been charged
- Read your release papers and follow every condition exactly.
- Note the date of your first court appearance. Missing it can lead to a warrant.
- Write down what happened while it is fresh: times, what you drank or ate, and what the officers said.
- Do not discuss the case with anyone except your lawyer, including on social media.
- Keep your Ontario suspension and impoundment papers. Check the provincial rules on ontario.ca.
- Call a lawyer before your first appearance so disclosure can be requested early.
PEEL REGION
Impaired driving charges in Peel Region
In Mississauga and Brampton, Peel Regional Police lay impaired driving charges. In Caledon, the Ontario Provincial Police lay them. The consequences start at the roadside. Under Ontario law, a driver charged with impaired driving, driving over 80 or refusing a breath test gets an immediate 90-day licence suspension. The car is impounded for 7 days, and there is a $550 penalty. All of this happens before the criminal case even starts.
The Brampton Crown Attorney's Office prosecutes the criminal charge at the A. Grenville and William Davis Courthouse. Under Ontario Crown policy, impaired driving, over 80 and refusal charges can never go to a community justice program. Diversion is not an option. That is why the details of the stop, the breath demand and the testing deserve a close review. Our Brampton courthouse guide explains how cases move through the Brampton court.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
ALSO HELPFUL
Have the charge paperwork and any licence-suspension, vehicle-impoundment or towing notices available; note the dates on each.
Discuss the stop, demands, testing or alleged refusal and attempts to obtain legal advice privately with defence counsel; ask how any written timeline should be prepared.
Identify relevant receipts, recordings and witnesses, and the questions you want to discuss about driving, work or potential representation.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Official sources
13 links
- Criminal Code, s. 320.14 (operation while impaired)
- Criminal Code, s. 320.15 (failure or refusal to comply with demand)
- Criminal Code, s. 320.13 (dangerous operation)
- Criminal Code, s. 320.18 (operation while prohibited)
- Criminal Code, s. 320.19 (punishment)
- Criminal Code, s. 320.24 (prohibition orders)
- Criminal Code, s. 320.27 (screening demands)
- Criminal Code, s. 320.28 (breath and blood samples)
- Criminal Code, s. 320.31 (test results)
- Canadian Charter of Rights and Freedoms
- Immigration and Refugee Protection Act, s. 36
- Ontario: Impaired driving
- Ontario Highway Traffic Act, s. 130 (careless driving)
Next steps
Talk to a lawyer today
If you are facing an impaired driving, over 80 or refusal charge, call (647) 223-1980, any time, day or night. Start with a free consultation, and you can book it online.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
What clients say
Harminder KangGoogle review
Read the full reviewI had a great experience working with Dildeep. He was responsive, professional, and took the time to clearly explain my options at every step. He paid close attention to detail, answered my questions quickly, and made what could have been a stressful process feel simple and manageable. I always felt informed and confident in the advice I was getting. I highly recommend Dildeep to anyone looking for knowledgeable, client-focused legal help.
Randip SinghGoogle review
Read the full reviewWorked with Dildeep and he was extremely professional and helpful. Would recommend as he explains the process well and kept me informed and reassured throughout. Answered my questions and concerns promptly. Thank you again!
Hardeep SainiGoogle review
Read the full reviewDildeep and the team were extremely professional, knowledgeable and helpful throughout. Great communication and excellent service. I would definitely recommend Aftermath Law to anyone looking for a reliable and supportive legal team!
BhavjitGoogle review
Read the full reviewHighly recommend Aftermath Law! The team is professional, knowledgeable, and genuinely cares about their clients. They are approachable, responsive, and take the time to explain things clearly
DipanGoogle review
Read the full reviewI highly recommend Dildeep! He is professional, knowledgeable, trustworthy, and truly dedicated to helping his clients.
TJ LidharGoogle review
Read the full reviewVery professional and caring team, willing to go above and beyond to help with all your needs. Always my first recommendation when someone's in need of help
Questions
Frequently asked questions
Is DUI the same as impaired driving in Ontario?
Yes. "DUI" and "drunk driving" are common terms, but the Criminal Code calls it operation while impaired. It includes impaired driving, over 80 and refusing a demand.
Can police make me blow if I have not been drinking?
Under mandatory alcohol screening, an officer with an approved screening device can demand a breath sample from a driver during a lawful stop. No suspicion of drinking is required. Refusing without a reasonable excuse is a separate criminal offence.
Is refusing a breath test better than blowing over 80?
No. A refusal carries a minimum fine of $2,000 on a first offence, the same as a reading of 160 mg or more. Ontario also treats a refusal like a fail at the roadside.
Can an over 80 charge be beaten?
Some can, depending on the evidence. Issues may include the lawfulness of the stop, the timing of the samples, the testing records and your Charter rights. A lawyer can assess this after reviewing disclosure.
What is the difference between dangerous driving and careless driving?
Dangerous driving is a criminal offence under s. 320.13 of the Criminal Code. Careless driving is a provincial offence under s. 130 of Ontario's Highway Traffic Act. Careless driving does not create a criminal record, but it still carries fines, demerit points and a possible licence suspension.
What are the penalties for impaired driving (DUI) in Ontario?
Impaired driving penalties in Ontario depend on the charge, the Crown’s route and any prior offences. For impaired driving, over 80 or refusal without bodily harm or death, the maximum is 10 years by indictment, or 2 years less a day and/or a $5,000 fine on summary conviction. Mandatory minimums and driving prohibitions also apply. Cases involving bodily harm or death have higher maximums (Criminal Code ss. 320.19, 320.2 and 320.21).
What fines apply for a first impaired driving conviction in Ontario?
For a first impaired driving offence under Criminal Code s. 320.14(1), without bodily harm or death, the usual minimum fine is $1,000. For an over 80 conviction, it rises to $1,500 at 120 to 159 mg of alcohol per 100 mL of blood, or $2,000 at 160 mg or more. Refusal carries a minimum $2,000 fine. These are minimums, and the sentence depends on the case (s. 320.19).
What happens to my licence after a DUI charge in Ontario?
A DUI in Ontario can involve an immediate administrative licence suspension before the criminal case is decided. That is separate from a court driving prohibition and the Ontario suspension that can follow a conviction. Check your suspension notice and release papers before driving; the charge alone does not tell you when you may drive again (Highway Traffic Act ss. 41, 48.3 and 48.3.1; Criminal Code s. 320.24). Read the full breakdown in Ontario licence suspensions after a DUI.
Is a DUI a criminal offence in Ontario?
Yes. DUI is a common term for impaired driving, which is a criminal offence under section 320.14 of the Criminal Code. Failing or refusing a lawful testing demand without a reasonable excuse is a separate criminal offence under section 320.15. A conviction creates a criminal record.
What are the drunk driving laws in Canada?
The Criminal Code sets out drunk driving laws in Canada. It includes impaired operation, over 80 and failing or refusing a lawful testing demand without a reasonable excuse. These are criminal offences. Ontario also has separate licence suspensions and other driving penalties.