Short answer: A first impaired driving or over 80 charge in Ontario brings an immediate 90 day licence suspension, a 7 day vehicle impoundment and a $550 penalty. A first conviction adds a minimum $1,000 fine, a licence suspension of at least one year and an ignition interlock condition.
Two systems, two sets of penalties
Impaired driving is a criminal offence under the Criminal Code, but Ontario also has its own licence sanctions under the Highway Traffic Act. The provincial penalties start at the roadside, before any court date. The criminal penalties apply only if you are convicted. Understanding both is the first step in planning what to do.
At the roadside
| Situation | First occurrence | Second occurrence | Third occurrence |
|---|---|---|---|
| Warn range (50 to 79 mg) or failed field sobriety test | 7 day suspension, education program, $250 penalty | 14 day suspension, treatment program, $350 penalty | 30 day suspension, treatment program, 6 month interlock, $450 penalty |
| Over 80, failed or refused test, or failed drug evaluation | 90 day suspension, 7 day impoundment, education program, $550 penalty | 90 day suspension, 7 day impoundment, treatment program, $550 penalty | 90 day suspension, 7 day impoundment, treatment program, 6 month interlock, $550 penalty |
Each suspension also carries a licence reinstatement fee. A warn range result is not a criminal offence, but it is recorded and it raises the penalty for any later occurrence.
If you are convicted: Criminal Code minimums
- First offence: a minimum fine of $1,000.
- First offence with a blood alcohol concentration of 120 to 159 mg: a minimum fine of $1,500.
- First offence with a blood alcohol concentration of 160 mg or more: a minimum fine of $2,000.
- First refusal: a minimum fine of $2,000.
- Second offence: a minimum of 30 days in jail.
- Third and later offences: a minimum of 120 days in jail.
A court also imposes a driving prohibition, at least one year for a first offence. Judges can and do impose more than the minimum where there are aggravating facts, such as a collision, a very high reading or a child in the vehicle.
If you are convicted: Ontario licence consequences
| Conviction | Licence suspension | Ignition interlock | Other |
|---|---|---|---|
| First | At least 1 year | At least 1 year after reinstatement | Education or treatment program; 6 month zero alcohol and drugs condition |
| Second within 10 years | At least 3 years | At least 3 years | Education or treatment program; 6 month condition |
| Third within 10 years | Lifetime, reducible after 10 years if criteria are met | At least 6 years | Medical evaluation; 6 month condition |
| Fourth within 10 years | Lifetime, no reduction |
Collateral consequences
The fine is rarely the most expensive part. Insurance premiums often rise sharply, jobs that involve driving can be lost, and travel to the United States can become difficult. For anyone who is not a Canadian citizen, impaired driving is treated as serious criminality for immigration purposes and a conviction can lead to inadmissibility. Get advice before deciding how to respond to the charge.
What to do now
- Keep every document police gave you and note your first court date.
- Write down the details of the stop and testing while they are fresh.
- Respect the roadside suspension and any release conditions.
- Speak to a lawyer before your first appearance so disclosure can be requested and reviewed early.
Our impaired driving lawyer page explains how a case is reviewed, including the stop, the right to counsel and the breath testing.
Frequently asked questions
What is the penalty for a first impaired driving offence in Ontario?
At the roadside, a 90 day suspension, a 7 day impoundment and a $550 penalty. On conviction, a minimum $1,000 fine, a driving prohibition and a provincial suspension of at least one year, followed by an ignition interlock condition.
How long is your licence suspended for a DUI in Ontario?
Immediately for 90 days at the roadside. After a first conviction, for at least one year, with an interlock condition after reinstatement.
Is there jail time for a first DUI in Ontario?
There is no mandatory minimum jail sentence for a first offence, but a judge can impose jail where the facts are serious.
Is refusing a breathalyzer worse than failing it?
For a first offence, the minimum fine for refusal is $2,000, higher than the $1,000 minimum for most over 80 convictions. Refusal is a separate criminal offence.
How long does a DUI stay on your record in Canada?
A criminal conviction stays on your record until a record suspension is granted. In most cases you can apply five years after a summary sentence is complete, or 10 years after an indictable one.
Can I get my licence back early in Ontario?
Ontario offers a reduced suspension option for some first-time offenders who plead guilty early and agree to an ignition interlock. Eligibility rules are strict, so get advice before relying on it.
Talk to our team
This guide is general information, not legal advice. For advice on your situation, see our impaired driving lawyer in Toronto page. To book a paid consultation (30 minutes, $150 plus HST, paid when you book), book online or call (647) 271-1646. The phone is answered 24 hours a day, 7 days a week, and office meetings are by appointment. Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan, serving clients in English, French, Farsi, Russian and Serbian.