In Canada, the term DUI (Driving Under the Influence) is commonly used by the public to describe alcohol- or drug-related driving offences. However, under the Criminal Code of Canada, the offences are typically referred to as impaired driving offences.

Common impaired driving charges include:

• Impaired driving by alcohol
• Impaired driving by drugs
• Driving with a blood alcohol concentration (BAC) at or over 80 milligrams of alcohol per 100 millilitres of blood
• Refusing to provide a breath or blood sample
• Drug-impaired driving, which may involve Approved Drug Screening Equipment (ADSE) testing or a Drug Recognition Evaluation (DRE)

These charges are criminal offences, not simple traffic violations. A conviction can have long-lasting consequences.

If you are stopped by police and suspected of impaired driving, officers may require you to provide a roadside breath sample using an Approved Screening Device (ASD). This is a two-step process: the roadside screening test determines whether more conclusive testing is warranted, followed by a more precise evidentiary breathalyzer test, normally performed at a police station.

Please note that before demanding a roadside breath sample, a police officer must have reasonable grounds to suspect that you have alcohol in your body. This suspicion can arise from things like the smell of alcohol, slurred speech, or erratic driving.

Depending on the circumstances, you may face:

• Immediate 90-day Administrative Driver’s Licence Suspension (ADLS) under Ontario’s Highway Traffic Act — this takes effect immediately at the roadside upon a BAC reading of 80 mg or more, or upon failing or refusing a breath demand, and is separate from any criminal proceedings
• Vehicle impoundment (typically 7 days)
• Arrest and transport to a police station
• Formal criminal charges for impaired driving or related offences

Once charged, your case will proceed through the Ontario criminal court system. Early legal advice can be critical in determining the best course of action.

Penalties for impaired driving can vary depending on the circumstances of the case and whether the charge is a first or subsequent offence.

Possible consequences include:

First Offence

• Minimum fine of $1,000
• Criminal record
• Mandatory federal driving prohibition of minimum 1 year
• Provincial licence suspension and possible vehicle impoundment
• Mandatory participation in the Back on Track remedial program before licence reinstatement
• Ignition interlock condition on licence for a minimum of 1 year upon reinstatement
• Increased insurance costs

Second Offence

• Minimum 30 days jail
• Mandatory federal driving prohibition of minimum 2 years
• Ignition interlock condition for a minimum of 3 years upon reinstatement
• Additional financial penalties

Third Offence or Subsequent

• Minimum 120 days jail
• Mandatory federal driving prohibition of minimum 3 years
• Third-time offenders face a minimum of 6 years of ignition interlock condition, if the licence is reinstated after a minimum 10-year suspension. The program does not apply to fourth-time offenders, as their licence is suspended for life and will never be reinstated.

Aggravated Offences: Where impaired driving causes bodily harm, the maximum penalty is 14 years imprisonment. Where it causes death, the maximum is life imprisonment. These are among the most serious driving-related offences in the Criminal Code.

Important Note on Licence Reinstatement:

If you have been convicted of an impaired driving-related offence under the Criminal Code, you will be eligible to have your driver’s licence reinstated after you serve all the provincial sanctions, including serving a licence suspension, paying the reinstatement fee or administrative monetary penalty, and completing the Back on Track remedial program.

Even a first offence can have lasting consequences on employment opportunities, travel, and professional licensing.

In Canada, the criminal BAC limit is 80 milligrams of alcohol per 100 millilitres of blood (commonly called “80 mg%” or “.08”). Driving at or above this level is a criminal offence under the Criminal Code of Canada.

However, Ontario also has lower administrative thresholds under the Highway Traffic Act:

• Warn Range (50–79 mg%): A 3-day immediate licence suspension, with escalating suspensions for repeat occurrences within 10 years — no criminal charge at this level, but serious consequences still apply
• Novice and young drivers (G1, G2, M1, M2 licence holders): A zero BAC tolerance applies. Any alcohol detected can result in an immediate roadside licence suspension
• Commercial vehicle drivers: Also subject to a zero BAC tolerance

If you receive an immediate suspension at the roadside, it is separate from any criminal proceedings and takes effect right away, even before any court date.

Since 2018, police in Canada have the power to demand a roadside breath sample from any driver they lawfully stop — even without any suspicion of drinking. This is called Mandatory Alcohol Screening (MAS). You do not have to appear impaired or smell of alcohol for the officer to make the demand. Refusing to comply is a criminal offence, just like refusing a traditional ASD demand. If you were stopped and given a breath demand without any apparent reason, this does not necessarily mean the demand was unlawful — MAS has been upheld by the courts.

In most circumstances, no — and refusing can make things worse.

Under the Criminal Code, a police officer who has a reasonable suspicion that you have alcohol in your body can demand that you provide a breath sample into an Approved Screening Device (ASD) at the roadside. You are legally required to comply immediately.

Refusing to provide a breath sample is itself a criminal offence under the Criminal Code, and carries the same penalties as being convicted of impaired driving — including a criminal record, driving prohibition, and potential jail time for repeat offences.

A conviction for refusing to provide a breath sample engages the same driving restrictions as other impaired driving convictions.

There are limited exceptions (for example, a genuine physical inability to provide a sample), but simply not wanting to blow is not a valid reason to refuse. If you have questions about whether a demand made against you was legally valid, a lawyer can review the circumstances.

Courts have also found that a genuine inability to provide a sufficient sample — due to a medical condition such as a lung or breathing problem — may be a valid defence to a refusal charge, but this must be supported by medical evidence.

This is one of the most important and frequently misunderstood questions in impaired driving law.

At the roadside (ASD test): Generally, no — you do not have an immediate right to consult a lawyer before providing a roadside breath sample into a screening device. Courts have upheld this as a justified limit on your Charter rights because the roadside test must happen quickly to be meaningful.

At the police station (evidentiary breathalyzer): Yes. Once you are arrested and taken to the police station for the more precise breathalyzer test, you have the right to be told about your right to counsel without delay, and you must be given a reasonable opportunity to contact a lawyer before the test is administered.

If police did not properly inform you of your right to counsel, or did not give you a meaningful opportunity to call a lawyer before the evidentiary breathalyzer test, this could potentially be a basis to challenge the admissibility of the breath test results in court. This is a technical area of law where speaking to a lawyer early is especially important.

Generally, no — not on its own. The roadside ASD result is a screening tool, not conclusive proof of your blood alcohol level. Its legal purpose is to give police grounds to demand the more precise evidentiary breathalyzer test at the station. The evidentiary breathalyzer results are what the Crown will rely on at trial. However, a “fail” result on the ASD can still be referenced as part of the grounds for your arrest and the evidentiary demand.

If police suspect you are impaired by drugs rather than alcohol, they may call in a specially trained officer called a Drug Recognition Expert (DRE) to conduct a Drug Recognition Evaluation. This is a multi-step standardized assessment that includes physical tests, vital sign checks, and questioning. The DRE may also require you to provide a blood, urine, or oral fluid sample. DRE evidence can be challenged in court, and the process must follow strict legal requirements. If you were subjected to a DRE assessment, a lawyer should carefully review how it was conducted.

Your licence can be affected at multiple stages — not just after a conviction.

Immediately at the roadside: Ontario law allows for an immediate 90-day Administrative Driver’s Licence Suspension (ADLS) if you register a BAC of 80 mg or more, fail a drug test, or refuse to provide a sample. This suspension is administrative — it happens before any criminal trial — and takes effect on the spot. Your vehicle may also be impounded for 7 days.

Upon conviction in criminal court: A conviction results in a mandatory federal driving prohibition under the Criminal Code. Upon conviction, a mandatory federal driving prohibition is imposed under the Criminal Code — a minimum of 1 year for a first offence, 2 years for a second offence, and 3 years for a third or subsequent offence. Separate provincial licence suspensions under Ontario’s Highway Traffic Act may also apply and may run concurrently or consecutively.

Upon licence reinstatement: A person whose driver’s licence is suspended may apply to the Registrar for the reinstatement of his or her licence before the end of the licence suspension period, and the Registrar may reinstate the person’s licence before the end of the licence suspension period, if the person has been notified that he or she is required to participate in a conduct review program that consists of or includes an ignition interlock program.

Yes. Impaired driving offences under the Criminal Code are criminal offences, not traffic tickets. A conviction will result in a permanent criminal record unless and until a record suspension (formerly called a pardon) is obtained.

A criminal record can affect:

• Employment — Many employers conduct criminal background checks. Certain professions (law, medicine, teaching, financial services) may have licensing consequences
• Travel — The United States treats Canadian impaired driving convictions as serious offences. You may be refused entry into the U.S. at the border, even for a first offence with no jail time
• Immigration status — Non-citizens convicted of impaired driving may face serious immigration consequences, including inadmissibility
• Insurance — Your auto insurance rates will almost certainly increase significantly, and some insurers may refuse to cover you

This is a serious and often overlooked consequence. The United States treats Canadian impaired driving convictions as equivalent to a felony under U.S. immigration law. This means you may be denied entry at the border, even for tourism, business travel, or a connecting flight. There is no automatic right of entry, and U.S. Customs and Border Protection has full discretion to turn you away. Options such as a U.S. waiver of inadmissibility exist but are costly and time-consuming. Avoiding a conviction — or seeking a discharge — is the best way to protect your ability to travel.

Yes – significantly. An impaired driving conviction is treated as a major traffic conviction by Ontario insurers. Your premiums will almost certainly increase substantially, and some insurers may cancel your policy altogether. You may be required to obtain coverage through the Facility Association, which is the insurer of last resort and charges significantly higher rates. Insurance consequences can last for several years after a conviction. Avoiding a conviction — or achieving a more favourable resolution — can have a major impact on your long-term insurance costs.

Yes. Under the Criminal Code, you can be charged with impaired driving even if the vehicle was not moving. If you were found in the driver’s seat, or in a position that gave you the ability to set the vehicle in motion, police may lay a “care or control” charge. For example, sitting in a parked car with the keys in the ignition while impaired could result in a charge. There are defences available — including showing you had no intention of driving — but these situations require careful legal analysis.

Impaired driving cases often involve complex technical and procedural issues. Evidence must be gathered and handled in strict compliance with the Criminal Code and constitutional protections.

Depending on the circumstances, potential defences may involve:

• Challenging the legality of the traffic stop
• Procedural errors in the administration of the breathalyzer test, or evidence of instrument malfunction (Note: simply presenting evidence of personal alcohol consumption to contradict the breathalyzer result is no longer a valid defence under the Criminal Code — the former “Carter defence” was eliminated by 2008 amendments)
• Violations of Charter rights, including the right to counsel
• Inconsistencies in police observations or reports

Important note on roadside screening results: The results of a roadside ASD test generally cannot be used as substantive evidence of guilt at your criminal trial. The roadside ASD is a screening tool only — its legal purpose is to determine whether there are grounds to demand the more precise evidentiary breathalyzer test at the station.

Delay in administering the roadside screening test: if the ASD demand was not made immediately after the officer formed reasonable suspicion, this could affect the admissibility of the evidence

Every case is unique. A careful review of the evidence is essential before deciding how to proceed.

An ignition interlock device is a breath-testing instrument installed in your vehicle. Before the car will start, you must provide a breath sample registering below a set alcohol limit.

The Ministry of Transportation Ontario (MTO) outlines a number of rules and regulations that are mandatory with respect to the Ignition Interlock program.

People who successfully enrol in Ontario’s ignition interlock conduct review have their licences reinstated. When drivers convicted of impaired operation offences are permitted to drive again, because they enrol in the province’s interlock program, they are no longer prohibited from driving. Their licences are no longer suspended. Rather, they drive with a restriction on their licence.

The ignition interlock condition periods in Ontario are:

• First-time offenders: minimum of 1 year
• Second-time offenders: minimum of 3 years
• Third-time offenders: minimum of 6 years, if licence is reinstated after a minimum 10-year suspension

It is clearly noted in the ignition interlock program that the client acknowledges and understands the operation of the approved interlock device and that he or she is responsible for ensuring that the ignition interlock is properly operated and maintained, and that it is not tampered with by any person.

The Back on Track program is mandatory when someone is convicted of impaired driving. Participation is not optional — a person must complete this program, or they will not be able to get a valid licence to drive.

The Back on Track program is administered by the Ministry of Transportation of Ontario (MTO) and delivered by service providers across the province. Its purpose is to educate drivers about the risks of impaired driving and, where appropriate, to address underlying substance use concerns.

The program has two streams: Stream A (Education) and Stream B (Treatment). Which stream you are placed in depends on your intake assessment, not simply on the nature of your charge.

When you register for the Back on Track program, you will first complete an intake assessment — a structured interview and questionnaire designed to evaluate your alcohol and drug use history, patterns of use, and any indicators of dependency or high-risk behaviour.

Based on the results of this assessment, the program provider will assign you to either Stream A or Stream B.

Who it is for: Stream A is for drivers who are assessed as lower risk — typically first-time offenders with no significant indicators of alcohol dependency or problematic use patterns.

What it involves: Stream A is an 8-hour education program, typically delivered in one or two sessions. It focuses on:

• The dangers and consequences of impaired driving
• How alcohol and drugs affect driving ability
• Ontario’s impaired driving laws and penalties
• Strategies for making safer choices

Format: Group sessions, in-person or online (depending on the provider and current delivery options).

Cost: Approximately $578 (subject to change — confirm current fees with the MTO or your registered provider).

Completion: Once you complete Stream A and satisfy all other reinstatement requirements, you will be eligible to have your licence reinstated with an ignition interlock condition.

Who it is for: Stream B is for drivers who are assessed as higher risk — typically those with indicators of alcohol or drug dependency, a pattern of problematic use, or prior impaired driving history.

What it involves: Stream B requires both education and treatment/counselling, and is significantly more intensive than Stream A. It typically includes:

• Completion of the Stream A education component
• Additional individual or group counselling sessions focused on substance use
• A follow-up assessment at the end of the treatment phase
• A one-year follow-up session after initial program completion

Format: Multi-session program, delivered over a longer period.

Cost: Approximately $1,301 (subject to change — confirm current fees with the MTO or your registered provider).

Important: Stream B participants must complete all components of the program, including the one-year follow-up, before they will be fully discharged from the program. Failing to complete any component can delay or prevent licence reinstatement.

If you believe your stream assignment is incorrect, you can request a reassessment. However, the program provider’s assessment is based on standardized criteria, and reassignments are not automatic. A reassessment typically involves a more detailed review of your file.

Completion of the Back on Track program is mandatory. A person convicted of impaired driving does not have a choice — they must complete this program or they will not be able to get a valid licence to drive.

Failure to complete your assigned stream — whether Stream A or Stream B — will prevent your licence from being reinstated, even if all other conditions (fines paid, prohibition period served) have been met.