Introduction
If you’ve had the unfortunate luck of being arrested and charged with a DUI / Impaired Driving Offence in Toronto, you’ve probably got a million questions running through your head. As an experienced Toronto Drunk Driving Lawyer, I get to hear a lot of these questions on initial calls with clients who are charged, and provide them some reassurance with my answers. In this post, I’ve provided a list of “hot” or common questions I get, and the applicable answers.

Is impaired driving a criminal offence in Ontario?
Yes – Impaired Driving and all DUI charges are criminal in nature, and fall under the Criminal Code of Canada – which is a piece of Federal (Canada wide) legislation (law) that codifies all crimes in the country.
Therefore, an Impaired or Drinking and Driving charge is NOT a traffic ticket; it is NOT a minor or trivial matter. At the very minimum, you should consider at least consulting with an experienced Toronto Drinking and Driving Lawyer to learn about your particular rights and options in your case if you are charged.
What is the difference between DUI and impaired driving Ontario?
A “DUI” charge is an informal, rather than a legal, way of describing a list of several criminal charges relating to drinking and driving, or drugged driving. “DUI” stands for driving under the influence. Impaired Driving is but one of the several criminal charges in the Criminal Code of Canada that would fall under the umbrella of a DUI. A list of all the DUI charges that a Toronto Drunk Driving Lawyer would defend include:
- Impaired driving – s. 320.14(1)(a) of the Criminal Code
- Driving with an excess blood alcohol concentration – s. 320.14(1)(b)
- Refusal of a Breathalyzer – s 320.15(1)
What happens when you are charged with a DUI in Ontario?
DUI charges in Ontario lead to immediate and serious consequences. Once charged, your licence will be suspended automatically for 90 days, and your car will be towed from the scene. There will be a 7 day impound of your car, for which you will have to pay. For first time offenders, you will likely be released from the police station the same day of being charged.
In more serious cases of DUI offences, such as Impaired Driving Causing Bodily Harm or Death, 80 Plus Causing Bodily Harm or Death or if you have a lengthy criminal record, the police may detain you for a Bail Hearing and bring you in front of a Justice of the Peace (which they usually must do within 24 hours).
The crucial point at which you will want to retain a Toronto Drunk Driving Lawyer is either when you are held for a bail hearing or upon your release.

How much does your insurance go up after a DUI in Ontario?
Drinking and Driving Charges significantly affect insurance, if you are convicted. It is the conviction and not the charge, per se, that leads to hikes. A Toronto Drunk Driving Lawyer is not an expert on the insurance consequences of a DUI conviction, and only an expert on helping you avoid a conviction in the first place. Depending on location, it is commonly suggested that insurance rates can increase 5 times or more, and your insurance may even be voided upon conviction.
How many years does a DUI or Impaired Charge stay on your record in Ontario?
A criminal record, including a criminal record for a Drunk Driving charge, is a permanent record, not a temporary one. A conviction would be displayed on all criminal background checks for the rest of your life, unless you received a “record suspension”.
A record suspension (formerly known as a pardon) is basically the government sealing your criminal conviction. A record suspension is not automatic. The government must approve you for one.
To be eligible to apply, you must wait at least 5 years for all cases where you charges were treated by summary conviction, and 10 years if they were treated by indictment. A Toronto Drinking and Driving Lawyer can review your case and advise you on eligibility, as it will depend on when you completed your sentence, not when the conviction was registered (a crucial distinction).
The fee to apply for a record suspension is $50.00.
How long does a DUI case last in Ontario?
Generally speaking, a Drunk Driving Charge lasts between 2-6 months if the case does not proceed to trial, and 12-18 months if it requires a trial.
What is the penalty for first-time drink driving?
Sections 320.19(1) and 320.24 of the Criminal Code set out the punishments for Impaired driving for first time and repeat offenders.
For first time offenders, the penalty for a drunk driving charge is as follows:
- A minimum $1,000 (provided that your blood alcohol concentration falls below 120 mg / 100 ml of blood)
- A 12 month driving prohibition
Note that these are penalties directly issued by a Criminal Court, and not all of the consequences that would flow from a conviction. Other consequences include:
- The requirement to install an ignition interlock device in your car
- The requirement to complete a remedial (counselling) program
- And more!
You can speak with a local Toronto Drunk Driving Lawyer to inquire about what penalties would be applicable in your particular case, as each case must be assessed individually.
How long do police have to charge you with DUI in Ontario?
This question is one of the more complicated ones for a Toronto Drinking and Driving Lawyer to explain, as it involves several lawyers. I will unpack each lawyer here for you, so you can understand how it works.
First, limitation periods in Criminal Law depend on the type of charge we are dealing with. For summary conviction offences, according to s. 786(2) of the Criminal Code of Canada, the limitation period is 12 months from the date of the incident. For indictable offences, there is no limitation period.
Second, most criminal offences in Canada are neither “strictly” summary conviction nor strictly “indictable”. There is a third category called a “hybrid” offence, which most crimes are considered. DUI and Impaired Driving charges are all hybrid crimes. What does that mean? It means that the Crown Attorney can ultimately decide how to treat the charge, either by summary conviction or by indictment.
In short, and in theory, the police and Crown can proceed with a DUI charge even after a year following the occurrence — but that is just theory. In reality, it is very unlikely, as most evidence for a DUI charge is gathered quickly and charges are laid immediately.
If you’ve been charged with an offence outside a limitation period, you can raise the issue with a Toronto Drunk Driving Lawyer and the lawyer can advise what your remedies might be.
What is the best defense for a DUI and how to get a DUI dismissed in Ontario?
There is no single way in which an Impaired Driving charge in Toronto can be “beat”. You will need to carefully review your disclosure with a Toronto Drunk Driving Lawyer to explore potential defences and how to get your case dismissed or defeated. Broadly speaking, there are two ways to “attack” Drinking Driving charges:
- On the merits of the charge itself; and
- By arguing that your constitutional (Charter) rights were violated.
Attacking an Impaired Driving charge on the merits means that a defence lawyer is effectively attempting to raise a reasonable doubt as to whether the Crown Attorney has proven the charge, based on what the particular elements of that charge are. Take Impaired Driving by Drug, for example. The Crown Attorney must prove beyond a reasonable doubt several things, including, but not limited to:
- The identity of the driver
- The fact that the driver had consumed a drug
- The drug consumed affected the individual’s ability to drive at least slightly
Any of these aspects of the Crown’s case can be “attacked”, and an accused may “beat” the charge if a reasonable doubt is raised on any of the above.
As far as constitutional arguments go, this is the most common route to “beat” 80 plus charges (or operating a vehicle with excess BAC). In these cases, Courts will always be provided with evidence that an accused’s Blood Alcohol Concentration exceeded the legal limit. If the Judge is legally permitted to rely on that evidence — game over for the accused. In most defences, a Charter application is filed, arguing that one ore more of the accused’s Charter rights were violated by the police in the investigation, and, pursuant to that part of the Canadian constitution, the evidence obtained as a result of that infringement should be “excluded” from a Judge’s consideration.
Some of the common Charter arguments made within this context include:
- The accused was arbitrarily detained and arrested – s. 9 of the Charter
- The accused was not afforded his rights to counsel – s. 10(b) of the Charter
- The accused was not advised of the reasons for his/her detention – s.10(a) of the Charter
- The accused’s breath samples were illegally obtained – s. 8 of the Charter
An entire book can be written on Impaired Driving Defences. We will dedicate other blogposts to hone in on specific approaches to take in defending these types of charges. To put it simply, there is usually no “simple” fix for a Drunk Driving Charge and an experienced Toronto Drinking and Driving Lawyer will need to carefully unravel your disclosure to discovery what defences, if any, you have.

Toronto Drunk Driving Lawyer- Andrew Captan
Is it worth fighting a DUI Ontario?
Because of the long list of adverse consequences of a Drunk Driving conviction in Ontario, many DUI cases are worth fighting. From insurance hikes, to life long criminal records, through to the loss of driving privileges and jail — the stakes are extremely high, even on a first offence. If you contact a local Toronto Drinking and Driving Lawyer, they should be able to identify whether you have a case that is worthy of fighting.
How likely is jail time for first DUI Ontario?
Jail time for a first offence is unlikely, unless any of the following occur:
- There is a serious accident that you’ve caused
- You injured someone else or put others at high risk of injury (whether in your car, in another car or to the public at large)
- Your breathalyzer readings were extremely high (above 200 mg / 100 ml of blood)
Do you go to court for DUI Ontario?
Yes – a DUI or Impaired Driving charge is a crime. All criminal offences require you to attend court, beginning at the Ontario Court of Justice. Once you are charged with a DUI, you will be assigned a court date, which you will have to attend, either in directly or via a Toronto Drinking and Driving Lawyer.
How do I get my license back after a DUI in Ontario?
After you are charged with a DUI in Ontario, you will face an automatic 90 day licence suspension. To get your licence back, you will need to wait for the 90 days to elapse, and then pay an administrative fee to the Ministry of Transportation, who will return your licence. However, if you’ve been convicted of your DUI charge before the 90 days is up, this would not be possible until you satisfied the requirements of your punishment.
How many drinks is 0.08 BAC?
On average, and depending on certain weight, gender and alcohol type variables, for every drink you consume, your BAC will climb by .02 percent. The safest way to avoid drinking and driving is to avoid calculations like this and not drink and drive!
What is the highest BAC ever recorded?
According to the CBC and other international reports, doctors tested a man’s blood-alcohol level five times before accepting it was . 914 — twice the amount considered to be fatal.
Should I get a lawyer for a DUI?
Drinking and Driving Law in Canada is complex. If you are looking to optimize your chances of success in your case, you should certainly consider consulting and retaining a Toronto Drunk Driving Lawyer. Just like it is better to visit a doctor when you notice a health issue as compared to doing research on Google yourself, you are well advised to contact a Criminal Lawyer for a criminal matter like a DUI.
About the Author – Andrew Captan – Toronto Drunk Driving Lawyer
Andrew Captan is an experienced Toronto Drunk Driving Lawyer and has over 11 years of experience in Impaired Driving law. For a free and honest case review, call him at (647) 878 – 6355, e-mail him at andrew@captanlaw.com or visit his website HERE.