DUI & Impaired Driving in Ontario: What You're Actually Facing

The Three Main Charges

• Operation while impaired (s. 320.14(1)(a)): Driving while your ability to operate a vehicle is impaired by alcohol or drugs — regardless of your BAC. The Crown proves impairment through the officer's observations (swerving, odour, slurred speech, failed sobriety tests).
• Over 80 (s. 320.14(1)(b)): Blood alcohol concentration of 80 mg or more per 100 mL of blood, proved by Approved Instrument (breathalyzer) readings. This is the most common charge.
• Failure/refusal to provide a breath sample (s. 320.15): Refusing an Approved Screening Device (ASD) demand or an Approved Instrument demand. Treated the same as over 80.

Penalties — First Offence (Summary Election)

Second offence: 30-day mandatory jail minimum; 3-year licence prohibition. Third offence: 120-day mandatory jail minimum; lifetime prohibition (discretionary).

Ontario's Immediate Administrative Consequences (ADLS)

Separate from the criminal charge, Ontario's Highway Traffic Act triggers:

• 90-day immediate licence suspension at the roadside
• 7-day vehicle impoundment
• These are administrative — imposed automatically at the roadside before any court finding of guilt

The "Warn Range" — Ontario Administrative Penalties (Not Criminal)

If an ASD reads in the "Warn Range" (50–80 mg), there is no criminal charge — but Ontario's HTA imposes:

• First Warn: 3-day licence suspension, $250 fine
• Second Warn (within 5 years): 7-day suspension, mandatory education program
• Third+ Warn (within 5 years): 30-day suspension, mandatory treatment program

Key Defences

• Charter s. 8 — Arbitrary detention / unlawful stop: Police cannot randomly stop vehicles to check for impairment without a lawful basis. If the stop was unlawful, breathalyzer readings may be excluded.
• Charter s. 10(b) — Right to counsel: If police denied your right to speak to a lawyer before the breath test, readings may be excluded.
• Instrument errors: Approved Instruments have mandatory maintenance and calibration requirements. Failures in these procedures can undermine the "presumption of accuracy."
• Last drink defence: If you consumed alcohol shortly before driving, your BAC at the time of driving may have been under 80 even if the reading at the station was over.