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Impaired Driving (DUI) Lawyer in Toronto
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Being charged with impaired driving in Toronto is one of the most stressful experiences a person can face, and the consequences reach far past a single court date. Impaired driving is a criminal offence in Canada. A conviction means a permanent criminal record on top of escalating fines, a mandatory driving prohibition, soaring insurance costs, and compulsory provincial programs.
But these cases are also highly technical, and a carefully prepared defence frequently uncovers real problems with the traffic stop, the breath testing, or the way your Charter rights were handled. A charge is an accusation, not a conviction. At Kazandji Law, our criminal defence team represents drivers charged with impaired driving and related offences across Toronto and the Greater Toronto Area. This page walks you through exactly what you are facing under Ontario and federal law in 2026, how the court process works, and the defences that may apply to your case. If you would rather talk it through now, call 647-588-3234 for a free, confidential consultation.
You are far from alone. Statistics Canada recorded 71,602 police-reported impaired driving incidents nationally in 2023, and, encouragingly for the province. Ontario had the lowest impaired driving rate in Canada that year, at 103 incidents per 100,000 people.[1] Impairment nonetheless remained a contributing factor in roughly one in five fatal collisions in Canada in 2023,[2] which is why police, prosecutors, and the courts treat these charges so seriously, and why your defence needs to be taken just as seriously.
Charged with impaired driving or over 80?
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Call 647-588-3234 Request a consultationWhat counts as impaired driving in Ontario?
"DUI" is an American term, there is no offence in Canada literally called "DUI." The charges come from the Criminal Code of Canada, primarily sections 320.14 and 320.15, which were substantially reformed in December 2018. In everyday practice, five related charges come up again and again. Understanding which one you face matters, because the Crown has to prove different things for each, and the defences differ too.
1. Impaired operation, s. 320.14(1)(a)
This is the classic "impaired driving" charge: operating a conveyance while your ability to do so is impaired to any degree by alcohol, a drug, or a combination of the two. To secure a conviction, the Crown must prove both that you were operating the vehicle and that your ability to do so was impaired, and the phrase "to any degree" sets a low bar. Critically, this charge does not require a breath reading. An officer can rely purely on observations: weaving between lanes, the smell of alcohol, slurred speech, red or glassy eyes, fumbling for documents, difficulty with balance, or an admission. Because it rests on subjective observation, this charge is often vulnerable to careful cross-examination about what the officer actually saw, whether there is an innocent explanation (fatigue, a medical condition, nervousness), and whether those observations truly established impairment beyond a reasonable doubt.[3]
2. "Over 80", s. 320.14(1)(b)
This charge is proven by the number: having a blood-alcohol concentration (BAC) at or over 80 milligrams of alcohol in 100 millilitres of blood, measured within two hours of driving. You can be convicted of "over 80" even if you showed no outward signs of impairment at all, the reading itself is the offence. Since 2018, the law looks at your BAC within two hours of operating the vehicle rather than only "at the time of driving," a change that reshaped the old "I had my last drink just before driving" and rising-BAC arguments and introduced a narrow "intervening drink" exception. Our over 80 defence lawyers focus on whether the breath samples were lawfully obtained and whether the strict statutory conditions for treating them as conclusive proof of your BAC were actually met.[3]
3. Refusing or failing to provide a sample, s. 320.15
Refusing, without a reasonable excuse, to comply with a lawful demand for a breath, blood, or drug sample is itself an offence, and it is not a loophole. A first refusal carries a higher mandatory minimum fine ($2,000) than a low-range "over 80." Many people refuse in the confusion and fear of an arrest, or provide a sample the machine registers as "insufficient", without realizing they are creating a second, sometimes more serious, charge. The Crown must prove that a valid demand was made, that you understood it, and that you failed or refused to comply without a reasonable excuse. If you are facing this, our refuse-sample lawyers examine whether the demand itself was lawful and whether a genuine reasonable excuse, such as a medical inability to provide a sample, applies.[4]
4. Drug-impaired driving, s. 320.14(1)(c)
Since cannabis legalization, drug-impaired driving charges have risen sharply. These are based on a blood-drug concentration at or above a prescribed limit, or on a Drug Recognition Expert (DRE) evaluation combined with a bodily sample. Drug cases are among the most technical of all, the science linking a given concentration to actual impairment is newer and far more contested than it is for alcohol, and DRE evaluations depend heavily on the officer's training and adherence to a strict 12-step protocol. This is a core focus of our drug-impaired driving defence.[3]
5. Care and control (without driving)
You can be charged even if the car never moved. The law targets a person who is impaired and in a position to set the vehicle in motion, for example, sitting in the driver's seat with the keys after drinking, intending only to "sleep it off," or warming up the car in a driveway. The Crown must still prove a realistic risk that the vehicle could be set in motion and become dangerous. These cases turn on very specific facts, where you were sitting, where the keys were, your intention, and whether there was any real risk, and a well-argued care-and-control defence can succeed where a straightforward "impaired driving" charge might not.
Aggravated cases: bodily harm and death
Where impaired driving causes bodily harm or death, the charges become dramatically more serious, with far higher maximum penalties (discussed below) and a real prospect of a penitentiary sentence. These are among the most consequential cases we handle and demand an immediate, thorough, and often expert-supported defence.
How breath and blood testing actually works
Because so many impaired driving cases rise or fall on the breath evidence, it helps to understand the two very different tests involved, and where each can go wrong.
The roadside screening test uses a handheld Approved Screening Device (ASD). It is an investigative tool: a "fail" is not itself proof of your BAC and is not the offence, it simply gives the officer grounds to arrest you and demand the real test. The evidentiary test is done later at the station on a much more sophisticated Approved Instrument, operated by a qualified technician. The law requires two samples taken at least 15 minutes apart, along with a "system blank" test and a calibration check against an alcohol standard. Only when those conditions are satisfied are the results treated as conclusive proof of your BAC.[3]
That precision cuts both ways. If the intervals were wrong, the calibration check was skipped or out of tolerance, the instrument threw error messages, or the qualified technician departed from the required procedure, the reliability of the readings can be challenged. Blood samples, used when breath testing is impractical or in drug cases, carry their own strict rules about how and when they may be taken. These technical requirements are precisely why the Crown must disclose the instrument records (see the court process below) and why an experienced lawyer reads them line by line.
Penalties for impaired driving in Ontario
The Criminal Code sets mandatory minimum penalties that a judge must impose on conviction, even for a first-time offender with a spotless record. There is no discharge available for impaired driving; the minimum fine is required by law. Impaired operation and "over 80" are hybrid offences, which means the Crown chooses whether to proceed by indictment (more serious) or by summary conviction.[4]
| Conviction | Mandatory minimum | Criminal Code driving prohibition |
|---|---|---|
| First offence | $1,000 fine (see BAC-based amounts below) | 1 to 3 years |
| Second offence | 30 days in jail | 2 to 10 years |
| Third or subsequent | 120 days in jail | 3 years or more |
For a first "over 80" offence, the minimum fine rises with your BAC, and a first refusal is treated most harshly of all:[4]
| Reading | Mandatory minimum fine (first offence) |
|---|---|
| BAC 80 to 119 mg% | $1,000 |
| BAC 120 to 159 mg% | $1,500 |
| BAC 160 mg% or higher | $2,000 |
| Refusing to provide a sample | $2,000 |
Maximum penalties. If the Crown proceeds by indictment, impaired driving and over 80 carry up to 10 years in prison; by summary conviction, up to a $5,000 fine and/or two years less a day. Where impaired driving causes bodily harm, the maximum rises to 14 years; where it causes death, the maximum is life imprisonment.[5]
Aggravating factors can push a sentence well above the minimum: a very high BAC, excessive speed or dangerous driving, having a child in the vehicle, causing an accident, or a prior record. The court's driving prohibition is a federal penalty that stacks on top of, and is separate from, the Ontario licence suspension described next. In other words, one impaired driving charge triggers two parallel systems of consequences: the criminal court and the Ontario Ministry of Transportation.
The real cost of a "first offence"
People often assume a first offence means "just" a $1,000 fine. In reality, once you add the mandatory victim fine surcharge, the licence reinstatement fee, the mandatory remedial program, ignition interlock installation and monthly rental, towing and impound fees, and years of high-risk insurance premiums, the true out-of-pocket cost of a first impaired driving conviction commonly runs into the thousands, often far more than the fine itself, before you even account for lost income or employment consequences. That gap between the headline fine and the real cost is exactly why fighting or minimizing the charge matters.
Ontario licence & administrative penalties (2026)
Long before your criminal case is decided, Ontario imposes its own immediate administrative penalties under the Highway Traffic Act. These apply regardless of the criminal outcome, an administrative suspension is not a criminal conviction, but it affects you the moment you are charged. Ontario updated several of these penalties effective January 1, 2026; the figures below reflect the current rules.[6]
If you register 0.08+, fail, or refuse a test
- 90-day immediate licence suspension, starting at the roadside
- 7-day vehicle impoundment (you pay the towing and storage)
- $550 administrative monetary penalty
- Mandatory education or treatment program, plus an ignition interlock condition on repeat occurrences
"Warn range" (BAC 0.05 to 0.079)
Even below the criminal threshold, Ontario penalizes drivers in the warn range, escalating over a 10-year look-back:[6]
| Occurrence | Roadside suspension | Penalty |
|---|---|---|
| First | 7 days | $250 |
| Second | 14 days | $350 |
| Third or more | 30 days | $450 + ignition interlock condition |
Ignition interlock and the Reduced Suspension stream
After a conviction, Ontario typically requires an ignition interlock device, an in-car breathalyzer that prevents the engine from starting if it detects alcohol. Importantly, Ontario also runs a Reduced Suspension with Ignition Interlock program that can meaningfully shorten your licence suspension for eligible first- and second-time alcohol-impaired convictions, but only if strict deadlines are met after the charge, including entering a plea within a defined window. Assessing your eligibility for this stream is one of the very first things we do, because acting quickly can get you legally driving again far sooner than the standard suspension would allow.[6]
Programs, fees, and insurance
A conviction also means completing Ontario's mandatory "Back on Track" remedial program (delivered through CAMH) before reinstatement, paying a $281 licence reinstatement fee, and facing significantly higher auto-insurance premiums.[6][7] Many standard insurers will decline to renew after an impaired conviction, pushing drivers into the high-risk market for years. The exact premium impact varies by insurer, but it is routinely one of the largest real-world costs of a conviction.
First offence vs. repeat offence: why the stakes jump
The Criminal Code deliberately escalates the consequences for repeat offenders. A first conviction requires a fine; a second conviction requires a minimum 30 days in jail; a third or subsequent conviction requires a minimum 120 days. Driving prohibitions lengthen too, from 1 to 3 years, to 2 to 10 years, to three years or more.[5] Ontario's administrative penalties and interlock requirements escalate on the same repeat basis. If you have a prior record, the analysis changes significantly, and early strategic advice becomes even more important, the difference between a first and a second finding of guilt can be the difference between a fine and a jail sentence, so how a current charge is characterized and resolved carries long-term weight.
Protect your licence and your record.
Kazandji Law defends impaired driving charges across Toronto, North York, Thornhill, Oakville, and the GTA.
Call 647-588-3234 Book a free consultationBeyond the courtroom: the hidden costs of a conviction
Clients are often most worried about jail and fines, but for many people the lasting damage of an impaired driving conviction is felt elsewhere:
- A permanent criminal record that appears on background che
Results matter. See our recent case successes and read our client reviews on Google, then call 647-588-3234 for a free, confidential assessment of yours.