DUI Charges in Ontario: What Happens Next

The short answer

An impaired driving charge in Ontario moves on two separate tracks at the same time. Ontario suspends your licence right away at the roadside, before any court case has started. Then the criminal case moves through court over a period of several months.

Many people focus only on the licence suspension, because it affects their daily life immediately. However, the criminal charge is the bigger long-term risk. A conviction means a criminal record, a minimum fine, a court driving ban and a provincial suspension, so the criminal case deserves careful attention from the very beginning.

At the roadside

Police can demand a roadside breath test in two situations under s. 320.27 of the Criminal Code:

• With suspicion: Police can demand a test if they reasonably suspect you have alcohol in your body and that you drove in the last three hours.
• Without suspicion: During any lawful stop, police who have an approved screening device can demand a test without any suspicion. This is called mandatory alcohol screening.

If police suspect drugs, they can demand physical coordination tests or an oral fluid sample. A failed roadside test usually leads to an arrest and a demand for breath samples at the police station.

At the police station

At the station, you are asked to provide two breath samples into an approved instrument. In drug cases, an officer trained in drug recognition may assess you, and police may demand a blood or urine sample.

You have the right to speak to a lawyer before giving samples at the station, and you should use it. Free duty counsel is available by phone if you do not have your own lawyer.

Ontario's immediate penalties

For a reading of 80 or more, a failed or refused test, or a poor drug recognition evaluation, Ontario imposes the following penalties at the roadside:

• Suspension: An immediate 90-day licence suspension.
• Impoundment: A 7-day vehicle impoundment, even if someone else owns the car.
• Penalty: A $550 penalty, plus a reinstatement fee.
• Program: An education or treatment program.

These penalties apply even if the criminal charge is later withdrawn. See Ontario licence suspensions after a DUI.

The criminal court process

1. Release: Most people are released by police with papers that set a first court date.
2. First appearance: The first appearance is short, and a lawyer can usually attend on your behalf.
3. Disclosure: The Crown gives you its evidence, including the breath records and police video.
4. Pretrials: The defence and the Crown discuss the case, often with a judge at a judicial pretrial.
5. Resolution or trial: The charge is withdrawn, resolved with a plea or set down for trial.

Disclosure is often where an impaired driving case is won or lost. These cases have many technical rules, and the details of each demand, each test and each Charter right matter a great deal.

The evidence in a typical case

The Crown's evidence in an impaired driving case usually includes the officer's notes about your driving and your condition, the roadside screening device result, the breath instrument printouts, and video from the cruiser and the police station. In some cases, the Crown also relies on civilian witnesses, collision reports or receipts from a bar or restaurant.

Police notes are written by the officer who laid the charge, so video is often the most reliable record of what really happened. Video can show how you walked, how you spoke and how long police waited before giving you a chance to call a lawyer.

If you are convicted

A first conviction brings several consequences at once:

• Fine: A minimum fine of $1,000, or $1,500 to $2,000 for higher readings or a refusal.
• Court ban: A court driving prohibition of 1 to 3 years.
• Ontario suspension: A licence suspension of at least 1 year, followed by an ignition interlock.

Effects beyond the sentence

An impaired driving conviction can raise your car insurance rates sharply for years, and some insurers may refuse to cover you. It can also end a job that requires driving. Because the maximum penalty is 10 years by indictment, a conviction can make a permanent resident inadmissible to Canada for serious criminality under s. 36 of the Immigration and Refugee Protection Act. A conviction can also cause problems at the U.S. border.

What to do now

• Write down everything you remember, including where you were, what you drank, when you drank it and what police said.
• Keep receipts, texts and anything else that shows your timeline.
• Do not drive until you know exactly what your suspension and release papers allow.
• Get legal advice before your first court date.

Release conditions

When police release you, your papers may include conditions such as not driving, not consuming alcohol or not having alcohol in the vehicle. These conditions are part of the criminal case and are separate from Ontario's licence suspension. Breaking a release condition is a new criminal offence, so read your papers carefully and keep them in a safe place.

Possible outcomes

Your licence and your job

If you drive for work, tell your lawyer early. The roadside suspension starts right away, so you may need to arrange other transport or duties while the case continues.

How we can help

We can review the roadside and station evidence, ask for the police video and breath records, and look for Charter and testing issues. Call (647) 223-1980 for a free consultation. We accept Legal Aid Ontario certificates.

Frequently asked questions