Facing an impaired driving charge in Toronto can feel like everything is moving too fast to keep up with. We defend many of these cases.
The Strategic Criminal Defence team, led by Dylan Finlay, brings:
- Experience in over 1,000 criminal cases.
- 25 years of combined criminal defence service in the Toronto area.
- Over 120 five-star Google reviews.
- 24/7 availability.
If you contact us as early as possible, we can begin work immediately to protect your future.
What should you do right now if you’re accused of impaired driving in Toronto?
Take these three steps first:
- Comply with any lawful breath or blood demand. Refusing is its own crime, and it carries a higher mandatory fine than a first impaired conviction.
- Write down everything you remember about the stop as soon as you safely can. Note what was said and done, and the rough times (the timing of demands and warnings can be central to your case).
- Talk to a lawyer as soon as possible. Do this before your first court date, even if you’re released without being held.
Depending on the circumstances, your lawyer can work to prevent a criminal record.
Contact us for a free, no-obligation consultation.
What is impaired driving, and does it lead to a criminal charge?
Canada doesn’t use the term DUI in its criminal driving laws.
There are two related crimes under s. 320.14 of the Criminal Code:
- Impaired driving, and
- Driving over the limit.
Impaired driving is operating a vehicle while impaired by alcohol, drugs, or a combination of both. Driving over the limit is driving with a blood alcohol concentration (BAC) of over 0.08 (sometimes called “over 80”).
Failure or refusal to comply with demand is a separate offence for refusing a lawful blood, breath, or urine test.
Regardless of what you’re accused of, having a lawyer fight your case can help you escape harsh penalties.
What happens if you’re accused of impaired driving in Ontario?
Ontario treats this as two separate tracks:
- A blood alcohol reading between 0.05 and 0.079 falls in the ‘warn’ range. It leads to a provincial penalty, not a criminal one.
- A reading of 0.08 or higher, or a refusal, crosses into criminal territory. This can lead to a criminal record.
If the police stop you and you’re within the ‘warn’ range, they can still charge you with impaired driving. Police evaluate your overall condition during a traffic stop.
Signs that can lead to a criminal charge include:
- Erratic driving behavior (swerving, speeding, or failing to stop).
- Poor physical coordination or failing a Field Sobriety Test.
- Slurred speech, the smell of alcohol, or glassy eyes.
- Admission of consumption or combination with impairing drugs.
What are the current ‘warn’ penalties in Ontario?
Ontario’s ‘warn’ range penalties increased sharply as of January 1, 2026.
The look-back period for repeat occurrences also doubled from 5 to 10 years:
| WARN RANGE OCCURRENCE | LICENCE SUSPENSION | OTHER PENALTIES |
|---|---|---|
| 1st, within 10 years | 7 days | $250 penalty, 8-hour education course |
| 2nd, within 10 years | 14 days | $350 penalty, 16-hour treatment program |
| 3rd or later, within 10 years | 30 days | $450 penalty, 16-hour treatment, 6-month ignition interlock |
This is not the end of the financial penalties. There are potential fees for installing an ignition interlock device in your car. You must also pay licence reinstatement fees and other costs.
Unlike some other provinces, Ontario’s Highway Traffic Act does not provide a review process to appeal a licence suspension. There are only a few very narrow ways to overturn a roadside licence suspension in Toronto. Check with your lawyer.
What could happen if you’re convicted of criminal DUI?
For criminal impaired driving, over 80, or a refusal, a jail sentence is possible. The actual penalties vary greatly.
The main factors are your criminal record and how the prosecutor treats your case (summarily or by indictment):
| OFFENCE | OCCURRENCE | MANDATORY MINIMUM | MAXIMUM PENALTY |
|---|---|---|---|
| Impaired driving / over 80 | 1st offence | $1,000 fine (rising to $1,500 at a BAC of 120–160 mg%, and $2,000 above 160 mg%) | 10 years, or 2 years less a day on summary conviction |
| Impaired driving / over 80 | 2nd offence | 30 days in jail | 10 years, or 2 years less a day on summary conviction |
| Impaired driving / over 80 | 3rd or later offence | 120 days in jail | 10 years, or 2 years less a day on summary conviction |
| Refusal to comply | 1st offence | $2,000 fine | 10 years, or 2 years less a day on summary conviction |
| Refusal to comply | 2nd offence | 30 days in jail | 10 years, or 2 years less a day on summary conviction |
| Refusal to comply | 3rd or later offence | 120 days in jail | 10 years, or 2 years less a day on summary conviction |
A conviction also brings:
- A one-year driving prohibition,
- A one-year mandatory ignition interlock requirement on a first offence, and
- Escalated penalties for repeat offences.
On top of the criminal process, a 90-day administrative driver’s licence suspension applies. There is also a 7-day vehicle impoundment. A conviction can also affect your job, insurance, and ability to travel to the United States.
With such severe consequences, it’s best to discuss your case with a criminal defence lawyer as soon as possible.
How can a Strategic Criminal Defence lawyer help you?
If you face administrative penalties only, we can:
- Check that your suspension was classified correctly. Sometimes a warning gets recorded as something more serious than it should be.
- Guide you through getting your licence back. We walk you through the education or treatment steps to ensure there are no delays.
In criminal cases, it’s best if you contact us before your first court date.
There may still be room to change how your case unfolds by:
- Reviewing the stop and demand. We look closely for any Charter problems in how the police gathered evidence against you.
- Talking to the Crown early. Getting involved before your case is locked in gives us more room to negotiate. A provincial resolution could prevent a criminal record.
We can also help you plan around your licence and any interlock requirements, so you know what to expect next.
In most standard impaired driving cases, drivers are released after being charged. If you are held, we can represent you at your bail hearing. Bail conditions may include a driving ban, reporting to a bail supervisor, and refraining from alcohol or drug use.
If necessary, we can also represent you at your impaired driving trial at the Ontario Court of Justice on Armoury Street. However, only around 6% of impaired driving cases went to trial in Ontario between April 2025 and March 2026.
What defences can we use to challenge an impaired driving charge?
Impaired driving charges often turn on technical and procedural detail.
Common defences include:
- A Charter breach. If police delayed your right to a lawyer, or didn’t have proper grounds for the stop or the demand, the court may exclude evidence against you.
- Problems with the testing device. Breath and blood testing equipment must be properly calibrated, maintained, and used.
- Timing issues. The law sets specific windows for demands and testing. If the police didn’t follow proper procedures, the results may not be admissible in court.
- Rising blood alcohol. In some cases, your blood alcohol level may have been below the limit while driving, and only rose above it afterward.
Testimonials
While past results do not guarantee future outcomes, here’s what some of our recent clients have said about us:
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