CHARGED WITH A DUI IN TORONTO?
DUI Lawyers in Toronto specialize in defending DUI and Impaired Driving charges. DUI Charges in Toronto are governed by the same Criminal Code laws applicable across Ontario and Canada. Since criminal law is federally legislated, the same offences apply across the country — including in Toronto.
DUI Offences in Toronto (as in all of Canada) include:
80 plus — If you have a blood alcohol concentration of at least 80 milligrams of alcohol per 100 milliliters of blood, you may be charged with this offence.
Impaired Driving — This charge arises when there is evidence that your ability to operate a vehicle was even slightly impaired by alcohol or drugs. Extreme intoxication is not required for conviction.
Refusal / Fail to Provide Breath Sample – This occurs when a person refuses or fails to provide a breath sample after a lawful demand.
Care or Control (Impaired or 80 plus) – You don’t need to be actively driving to be charged. Being found in the driver’s seat in a non-moving vehicle could still lead to charges under the law of “care or control.”
VIRTUAL / REMOTE CASE MANAGEMENT – TORONTO COURT OF JUSTICE
If you’ve been charged with a DUI in Toronto, you will generally be released on an Undertaking with conditions to:
Attend for fingerprinting
Appear for your first court date at the Toronto Criminal Court (Ontario Court of Justice)
Currently, first and subsequent case management appearances in Toronto can be attended virtually via ZOOM.
CONSEQUENCES OF BEING CHARGED WITH A DUI IN TORONTO
Facing a DUI or Impaired Driving charge in Toronto carries serious legal and personal consequences. These include:
Court-Imposed Penalties:
First Time Offenders
80 plus / Impaired: Minimum $1,000 fine + 12-month driving prohibition
Refuse Breath Sample: Minimum $2,000 fine + 12-month prohibition
Second Time Offenders
Minimum 30-day jail sentence + 2-year driving prohibition
Repeat Offenders
Minimum 120 days in jail + 3-year driving prohibition
Victim Fine Surcharge: An additional 30% surcharge applies on any fine imposed by the court.
Other Impacts:
A lifelong criminal record
Substantially higher or cancelled insurance
Risk of job loss
Requirement to install an Ignition Interlock Device
Mandatory completion of the Back on Track remedial program
CARE OR CONTROL DUI LAW IN TORONTO
You don’t need to be driving to be charged with a DUI in Toronto. If you’re in the driver’s seat — even with the engine off — you may be presumed to be in care or control.
There are two ways the Crown can establish this:
Presumption of Operation under s. 320.35 of the Criminal Code
Proof of Actual Care or Control
The Supreme Court of Canada has ruled that risk, not intent, is what matters most. For instance:
An impaired person may later choose to drive
An impaired person might accidentally cause the vehicle to move
The vehicle may present a danger just by being occupied in a certain way
This “realistic risk” of danger (not just theoretical) is what constitutes the offence of care or control.
HIRING A TORONTO DUI LAWYER
Andrew Captan is an experienced DUI Lawyer who defends Impaired Driving cases across Toronto. With over a decade of experience, he offers:
Direct access — no assistants or paralegals
Personalized communication and regular updates
Flexible payment plans if you cannot pay upfront
📞 Call Andrew Captan at (647) 878 – 6355
🌐 Visit his website HERE
