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CRIMINAL DEFENCE GUIDE
Impaired Driving & DUI Charges in Ontario
A practical guide to impaired operation, over 80, drug-impaired driving, refusal charges, roadside demands, breath evidence, licence suspensions and what happens after a charge.
An impaired-driving case begins long before the first court date. The roadside stop, observations, screening demand, breath or drug testing, right-to-counsel process and timing of every step can become important evidence.
Prepared by Tatyana Trusz, Trusz Law • Updated July 2026 • 15 min read
QUICK ANSWER
What are the main impaired-driving charges?
Section 320.14 of the Criminal Code creates separate offences for operating while impaired and for having a prohibited blood-alcohol or blood-drug concentration within the statutory time period. Section 320.15 separately makes it an offence to knowingly fail or refuse, without reasonable excuse, to comply with a lawful demand.
The defence therefore begins by identifying the exact charge and then reviewing the stop, demand, testing process, observations, timing and police conduct.
IN THIS GUIDE
RELATED CRIMINAL DEFENCE
CHARGED WITH IMPAIRED DRIVING?
The roadside timeline matters.
Preserve the sequence of the stop, demand, testing, counsel access and release.
THE SHORT ANSWER
Impaired driving is not one single charge
The Criminal Code creates several distinct offences:
- Impaired operation: the person’s ability to operate is impaired to any degree by alcohol, a drug or both.
- Blood alcohol concentration of 80 mg or more: the person has the prohibited concentration within two hours after ceasing to operate, subject to the statutory framework.
- Prohibited blood-drug concentration: the person has a concentration at or above the prescribed level.
- Combination alcohol-and-drug offences: prescribed combined levels can create a separate offence.
- Failure or refusal: knowingly failing or refusing, without reasonable excuse, to comply with a lawful demand.
The Crown may charge more than one count from the same incident. Each count should be analyzed separately.
KEY TAKEAWAYS
At a glance
- Impairment and over 80 are different offences.
- A driver can be charged even where driving appears normal if the blood-alcohol concentration offence is alleged.
- Refusal is a separate criminal charge and carries a higher first-offence minimum fine than a standard first impaired-driving conviction.
- Police can make roadside screening demands in circumstances authorized by section 320.27.
- Ontario imposes immediate roadside licence and vehicle consequences before the criminal case is decided.
- The stop, demand, testing process, timing and right-to-counsel process can all matter to the defence.
THE CHARGES
Impaired operation, over 80 and refusal are different legal allegations
| Charge | Core issue |
|---|---|
| Impaired operation | Whether the ability to operate was impaired to any degree by alcohol, a drug or both. |
| 80 mg or more | Whether the blood-alcohol concentration met or exceeded the statutory level within the relevant period. |
| Drug-impaired driving | Impairment evidence, prescribed blood-drug levels or both. |
| Failure or refusal | Whether a lawful demand was made, understood and knowingly not complied with without reasonable excuse. |
ROADSIDE DEMANDS
What can police demand at the roadside?
Section 320.27 gives police several investigative tools. Depending on the circumstances, an officer may demand:
- physical coordination tests;
- a sample into an approved screening device;
- an oral-fluid sample for drug screening; or
- other testing authorized by the Code.
Section 320.27(2) also permits mandatory alcohol screening where an officer has an approved screening device and is otherwise acting lawfully in relation to a driver.
The defence may review whether the demand was legally authorized, whether it was made properly, whether compliance was required immediately and whether later evidentiary demands were supported by the statutory grounds.
THE EVIDENCE
What evidence matters in an impaired-driving case?
1. The reason for the stop.
Driving pattern, collision evidence, a traffic stop, a checkpoint or another lawful police interaction can shape the case.
2. Officer observations.
Speech, balance, eyes, odour, coordination and behaviour may be relied on, but context and alternative explanations matter.
3. Screening and breath records.
Device results, calibration and maintenance records, timestamps, operator records and the sequence of demands may be important.
4. Right-to-counsel evidence.
The timing of detention, police cautions, access to a phone and implementation of the right to counsel can require review.
5. Video and audio.
Dashcam, body-worn video, station video and private recordings may confirm or contradict written notes.
6. Medical evidence.
Injury, illness, medication or other medical issues may affect observations, testing or ability to provide a sample.
7. The full timeline.
Minutes can matter. The stop, demand, transport, counsel call, sample times and release should be reconstructed carefully.
DEFENCE ISSUES
What issues can matter to the defence?
No impairment proven.
The observations may not establish impairment beyond a reasonable doubt.
Testing or demand issues.
The legality, timing and wording of demands may be challenged.
Charter issues.
Arbitrary detention, unlawful search, delay in access to counsel or other breaches may affect the case.
Reliability and continuity.
Records, timestamps, samples and device evidence should be examined for consistency.
Reasonable excuse in a refusal case.
A refusal charge can turn on whether the person understood the demand, was capable of complying and had a legally sufficient excuse.
Identity or operation.
In some cases the issue is whether the accused was the person operating or had care or control as alleged.
Post-driving consumption.
The Code contains a specific framework for consumption after driving; the facts and timing need careful analysis.
“An impaired-driving file should be rebuilt minute by minute. The legality and reliability of the case can turn on what happened between the first police contact and the final sample.”
— Trusz Law
IMMEDIATE ONTARIO CONSEQUENCES
What can happen before the criminal case is decided?
Ontario’s current impaired-driving rules can impose immediate consequences at the roadside.
For drivers with a BAC of 0.08 or more, drivers who fail or refuse a demand, or drivers who meet other listed impairment criteria, Ontario currently lists:
- an immediate 90-day roadside licence suspension;
- a 7-day vehicle impoundment;
- a mandatory education or treatment requirement depending on prior occurrences; and
- a $550 administrative penalty.
Ontario also has separate escalating warn-range penalties for BAC readings from 0.05 to 0.079 and other listed circumstances.
These provincial consequences are separate from the criminal charge. A person can therefore face an immediate driving suspension before guilt is decided in court.
CRIMINAL PENALTIES
What are the current federal penalties?
For a standard offence under section 320.14(1) or 320.15(1), section 320.19 currently provides:
- a first-offence minimum fine of $1,000;
- a second-offence minimum of 30 days’ imprisonment; and
- a subsequent-offence minimum of 120 days’ imprisonment.
For a first over-80 offence, the minimum fine increases with higher blood-alcohol concentrations: at least $1,500 from 120 mg to under 160 mg, and at least $2,000 at 160 mg or more.
For a first refusal offence under section 320.15(1), the minimum fine is $2,000.
Section 320.24 also requires a driving prohibition after conviction for the core impaired-driving and refusal offences. For a first offence, the prohibition is generally at least one year and no more than three years, plus any period of imprisonment.
Ontario separately imposes provincial licence consequences, education or treatment requirements and ignition-interlock obligations following conviction.
AFTER THE CHARGE
What happens after someone is charged?
01 Release and immediate driving consequences
The person may be released with a court date while the provincial suspension and impoundment take effect.
02 First court appearance
The criminal case begins in the Ontario Court of Justice.
03 Disclosure
The defence receives police notes, testing records, video, certificates and other prosecution evidence.
04 Technical and Charter review
The stop, demands, counsel access, testing sequence and documentary proof are examined.
05 Crown discussions
Depending on the evidence, counsel may discuss withdrawal, resolution or the path to trial.
06 Motions and trial
Where unresolved, Charter applications or evidentiary issues may be litigated before or during trial.
COMMON MISTAKES
Problems that can make an impaired-driving case harder
Driving while suspended.
An immediate roadside suspension remains legally binding.
Posting the incident online.
Statements can become evidence.
Waiting to preserve video.
Dashcam, business and residential footage can disappear quickly.
Assuming a first offence is automatically minor.
A conviction can affect licensing, insurance, employment and travel.
Ignoring the refusal count.
Refusal is a separate criminal offence and carries its own penalty structure.
Relying only on memory.
Write down the sequence of events promptly and preserve receipts, phone records and location data.
Missing court or reinstatement requirements.
Criminal and provincial processes run separately.
HOW TRUSZ LAW CAN HELP
Reconstruct the stop, the demands and the testing process before accepting the police summary.
Trusz Law helps people charged with impaired driving, over 80, drug-impaired driving and refusal offences understand the criminal and provincial consequences in Ontario.
Depending on the case, that may include reviewing roadside and station video, police demands, breath records, right-to-counsel issues, medical evidence, Charter breaches and the timing of the entire investigation.
The goal is precise: identify the exact charge, test whether the statutory requirements were met and assess whether the prosecution evidence is reliable and admissible.
FREQUENTLY ASKED QUESTIONS
Impaired-driving questions people often ask
What is the difference between impaired driving and over 80?
Impaired driving focuses on whether the person’s ability to operate was impaired. The over-80 offence focuses on whether the blood-alcohol concentration met or exceeded the statutory level within the relevant period. A person can face both charges from one incident.
Can police demand a breath sample without seeing bad driving?
Section 320.27(2) permits mandatory alcohol screening in specified circumstances where an officer has an approved screening device and is otherwise acting lawfully in relation to a driver.
What is a refusal charge?
Section 320.15 makes it an offence to knowingly fail or refuse, without reasonable excuse, to comply with a lawful demand under the impaired-driving provisions.
What is the minimum penalty for a first refusal conviction?
Section 320.19 currently sets a minimum fine of $2,000 for a first offence under section 320.15(1).
What happens to my licence immediately after an impaired-driving charge in Ontario?
Ontario currently lists a 90-day immediate roadside suspension and 7-day vehicle impoundment for drivers in the listed impairment category, including BAC of 0.08 or more and failure or refusal to comply with testing demands.
Can I drive while waiting for court?
Not while an immediate or other licence suspension is in force. Driving while suspended can create additional legal consequences.
What is the minimum fine for a first impaired-driving conviction?
For a standard first offence under section 320.14(1), the current minimum is $1,000. Higher minimum fines apply to specified higher blood-alcohol concentrations.
What is the minimum driving prohibition after conviction?
For a first core impaired-driving or refusal conviction, section 320.24 generally requires a prohibition of at least one year and no more than three years, plus any imprisonment period.
Can a medical condition affect a refusal or impairment case?
Potentially. A medical condition may be relevant to observations, ability to provide a sample or whether there was a reasonable excuse, depending on the evidence.
Can impaired-driving evidence be excluded because of a Charter breach?
Potentially. The defence may challenge unlawful detention, unreasonable search, right-to-counsel breaches or other Charter violations. The remedy depends on the facts and legal test.
Is drug-impaired driving treated the same as alcohol-impaired driving?
Both are criminal offences under section 320.14, though the evidence and testing methods differ. Ontario also applies immediate and post-conviction driving consequences to drug-impaired driving.
When should I speak with a criminal defence lawyer?
As early as possible. Video and third-party evidence can disappear, and the roadside timeline, testing records and immediate licence consequences should be reviewed promptly.
OFFICIAL RESOURCES
Further reading
ABOUT THIS RESOURCE
Prepared by Tatyana Trusz, Trusz Law. This resource is for general information only and is not legal advice. Impaired-driving cases depend on the exact charge, roadside and testing evidence, licence status, prior history and current law. Last reviewed July 2026.
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