Second Impaired Driving Offence in Ontario

The short answer

A second impaired driving conviction can bring a minimum of 30 days in jail, and a third brings 120 days. However, the higher minimum only applies if the Crown formally notifies you, before you plead, that it will seek it (s. 727).

Ontario also suspends your licence for at least 3 years for a second conviction within 10 years. Because the stakes are so much higher in a repeat case, early advice is especially important.

Minimum penalties for repeat offences

Under s. 320.19, the minimum penalties increase with each offence:

• First offence: A $1,000 minimum fine, or more for high readings or a refusal.
• Second offence: At least 30 days in jail.
• Third or later: At least 120 days in jail.

A refusal conviction counts as a prior offence.

The court driving prohibition also increases under s. 320.24:

• Second offence: 2 to 10 years, plus any jail.
• Third or later: At least 3 years, with no upper limit.

The notice of increased penalty

This is the key rule in repeat cases. The Crown must serve you with a notice, before you plead, that it will seek the higher penalty, and it must prove that you received it.

Without that notice, the first-offence minimum applies, even if you have a prior conviction. The Crown decides whether to serve it, often based on how long ago the prior conviction was.

How far back a prior conviction counts

The Criminal Code does not set a fixed cut-off. An older prior conviction can still count if the Crown serves notice. Ontario's licence penalties use a 10-year look-back.

Ontario licence suspension and interlock

For a second conviction within 10 years, Ontario imposes:

• Suspension: A suspension of at least 3 years.
• Interlock: An ignition interlock for at least 3 years after reinstatement.
• Program: An education or treatment program.
• New condition: For convictions on or after July 1, 2026, a 6-month zero alcohol and zero drug condition after the interlock.

You cannot register for the interlock program until at least 3 months after sentencing for a second offence, unless the court orders a longer wait (s. 320.24(10)).

How a 30-day sentence can be served

A jail sentence of 90 days or less can sometimes be served intermittently, such as on weekends (s. 732). This allows some people to keep working, but the judge decides whether it is appropriate.

Bill C-16, passed in June 2026, lets judges go below a mandatory minimum in rare cases where it would be grossly disproportionate. Ask whether it could apply to you.

What happens after you are charged

1. Roadside penalties: Ontario's roadside suspension for a second occurrence includes a treatment program.
2. Disclosure: The Crown provides the evidence and, often, information about your prior record.
3. Notice: The Crown decides whether to serve a notice of increased penalty.
4. Resolution or trial: The case either resolves or goes to trial, and the notice can shape the outcome.

Defending a second charge

The defences for a first charge apply equally. See impaired driving defences in Ontario. In repeat cases, the defence also checks:

• Whether the notice was properly served and proved.
• Whether the prior conviction is correctly recorded.
• The timing of the prior conviction, for Ontario's 10-year look-back.

Treatment and sentencing

In repeat cases, judges often give real weight to steps you have taken to address alcohol or drug use. Proof of counselling, a treatment program or a long period of sobriety can affect the sentence, the Crown's position and how you are viewed when you apply for the interlock program.

Gather your records early

Bring any papers from your prior case, including the conviction date, the sentence and any licence documents. They help confirm what the Crown can prove and how Ontario's rules apply.

Effects beyond the sentence

A second conviction makes insurance much harder to obtain and can end jobs that involve driving. Because the maximum is 10 years by indictment, a conviction can also make a permanent resident inadmissible for serious criminality.

Possible outcomes

Preparing for sentencing

If a conviction is likely, preparation can make a real difference. Helpful material may include proof of counselling or treatment, letters from employers and family members, and a plan for how you will get to work and appointments without driving. Where a jail sentence is required, your lawyer can also ask the court to allow it to be served intermittently, so that you can keep your job.

Effects on employment and insurance

A second conviction usually means several years without a full licence, followed by years of interlock. Many people in this situation lose jobs that require driving, and insurance can become very expensive or difficult to obtain. Planning ahead, including arranging alternative transportation, can reduce the impact on your family and work.

Third and later offences

A third offence brings at least 120 days in jail if notice is served. In Ontario, a third conviction within 10 years brings a lifetime suspension. It may be reduced after 10 years if criteria are met. A fourth conviction within 10 years brings a lifetime suspension with no reduction.

How we can help

We can review the notice, your prior record and the evidence in the new charge, and argue for the least serious outcome the facts allow. Call (647) 223-1980 for a free consultation.

Frequently asked questions