Will I lose my licence right away after a first DUI charge?

If you blow over 80, refuse, or fail a drug evaluation, Ontario imposes an immediate 90-day licence suspension and a 7-day vehicle impoundment at the roadside. A warn-range result of 50 to 79 mg is a separate, shorter suspension and is not a criminal charge.

What is the minimum penalty for a first conviction?

For a first conviction of impaired driving or over 80 the Criminal Code sets a minimum fine of $1,000, higher for very high readings, and a driving prohibition of at least one year. Refusal carries a minimum fine of $2,000.

Will I go to jail for a first offence?

Jail is not a mandatory minimum for a first offence, but the maximum is 10 years if the Crown proceeds by indictment. What happens in practice depends on the facts, such as whether anyone was hurt.

Should I speak to police before I speak to a lawyer?

You have the right to speak to a lawyer without delay after you are arrested or detained. Do not discuss the facts with anyone except your lawyer.

Can a first DUI affect my immigration status?

Yes. Impaired driving carries a 10-year maximum, so a conviction can be serious criminality for a permanent resident. Tell your lawyer your status before any plea.

First-Time DUI in Ontario: What Happens Next

A first impaired driving charge feels like one event, but it is really three separate processes running at once: the roadside penalties, the criminal case and the effect on your licence, insurance, job and immigration status. Knowing which is which helps you decide what to do first.

At the roadside

Police who lawfully stop a driver and have an approved screening device can demand a roadside breath sample. If you then blow over 80, fail or refuse a demand, or fail a drug evaluation, Ontario's Highway Traffic Act (s. 48.3) imposes an immediate 90-day licence suspension. Your vehicle is impounded for seven days, and there is an administrative penalty of $550. These happen before you have been convicted of anything, and they are very hard to challenge. A reading in the warn range, 50 to 79 mg, is not a criminal charge, but it triggers a short suspension of its own: seven days for a first occurrence, with a $250 penalty.

The criminal charge

Impaired driving, over 80 and refusal are Criminal Code offences. If you are convicted of a first offence, the court must impose a fine of at least $1,000, or at least $1,500 if your reading was 120 to 159 mg and $2,000 if it was 160 mg or higher. For refusal the minimum fine is $2,000. The court must also order a driving prohibition of at least one year and up to three years, in addition to any jail sentence. The maximum sentence is 10 years when the Crown proceeds by indictment. For a first offence where no one was hurt, jail is less common, but you should not assume it can't happen.

Costs that don't appear in the statute

A conviction can mean a criminal record, higher insurance costs, an ignition interlock requirement and other conditions on returning to driving, and travel problems, especially to the United States. If you drive for work, the licence suspension itself can cost you your job.

What to do in the first days

Write down everything you remember: where you were stopped, what the officer said, what you were asked, when and how many times you blew, and what time it was.
Keep every piece of paper you were given, including the suspension notice and the release documents.
Do not discuss the facts with anyone except your lawyer, and stay off social media.
Speak to a lawyer before your first court date. Early advice lets your lawyer ask for the evidence, such as the roadside and breath test records and any video, as soon as possible.
If you are not a Canadian citizen, tell your lawyer your status immediately.

Possible defences

Whether a defence exists depends on the facts. Lawyers look at whether the stop and the demand were lawful, whether your right to speak to a lawyer was respected, how the breath samples were taken and tested, and whether the Crown can prove your blood alcohol at the time of driving. See our guides on how DUI charges are defended and on the penalties in detail. No result can be guaranteed.

Talk to us

We offer a free 15-minute phone consultation for criminal matters, and we answer calls after hours. Call (289) 652-0529 or see our impaired driving defence page. We meet clients in English, Urdu, Hindi and Punjabi.

DISCLAIMER: This article is general information about Ontario and federal law, not legal advice, and no lawyer-client relationship is created by reading it. Laws change and every situation is different, so speak with a lawyer about yours.