Drinking & Driving in Ontario: DUI, Over 80 & Impaired Driving

Ontario's Three-Tier System

Ontario takes a graduated approach to drinking and driving based on your Blood Alcohol Concentration (BAC):

Warn Range (50–79 mg) — Provincial Offence Only

The warn range is handled under the Highway Traffic Act, not the Criminal Code — so it is not a criminal offence. However:

• First occurrence: 3-day licence suspension. Subsequent occurrences in 5 years: 7 and 30 days.
• Three warn range suspensions within 5 years triggers mandatory remedial measures and interlock requirement.
• No criminal record, but insurance impact and MTO record consequences still apply.

Criminal Charges: Over 80 mg & Impaired Operation

If charged criminally, you will face both provincial administrative penalties (immediate roadside) and criminal court proceedings.

First Conviction Penalties

• Minimum $1,000 fine
• Criminal record (permanent, affects employment and travel)
• 12-month driving prohibition (federal)
• Ontario licence suspension: 1 year minimum (up to 3 years)
• Mandatory participation in the Back on Track remedial program
• Ignition interlock device required for reinstatement

Second Conviction Penalties

• Minimum 30 days imprisonment
• Minimum 3-year driving prohibition (federal)
• 5-year Ontario suspension

Refusal to Provide a Breath Sample

Refusing to blow is itself a criminal offence carrying the same penalties as a conviction for over 80. There is very rarely a benefit to refusing — the penalties are identical, and refusal eliminates several technical defences available for breath test results.

Key Defences

Impaired driving cases involve complex Charter and technical issues that must be raised by a lawyer. Common issues include:

• Charter s.8 (unreasonable search): Was the demand for a breath sample lawful? Was there reasonable suspicion to make a preliminary breath demand?
• Charter s.9 (arbitrary detention): Was the traffic stop itself lawful?
• Charter s.10(b) (right to counsel): Were you immediately advised of your right to a lawyer and given a reasonable opportunity to contact one?
• Approved instrument operation: Was the breathalyzer properly calibrated and operated by a qualified technician?
• Evidence of prior drinking: The "bolus drinking" defence — consuming alcohol shortly before driving so BAC was still rising at time of driving, not test.

Note: A paralegal can represent you on HTA warn range matters but only a lawyer can represent you in criminal court on impaired driving charges. Refer your matter immediately.