Impaired, over 80 and refusal: the three main charges
The Criminal Code has three common drinking-and-driving charges, and it's normal to be charged with more than one after the same stop.
- Impaired operation: the Crown says your ability to drive was impaired to any degree by alcohol, a drug, or both. This is usually based on your driving and what the officer says they saw, heard and smelled.
- Over 80: your blood alcohol concentration was 80 mg of alcohol in 100 mL of blood or higher within two hours of driving. This charge rests on the breath or blood test results.
- Refusal: you failed or refused to comply with a lawful demand for a breath, blood or drug sample, without a reasonable excuse.
Since December 2018, police who lawfully stop a driver and have an approved screening device with them can demand a roadside breath sample without suspecting that you've been drinking. Refusing that demand is a criminal offence in itself.
What Ontario does before you ever see a courtroom
Ontario has its own penalties that kick in at the roadside. They apply whether or not you're later convicted of anything.
- Blow over 80, refuse, or fail a drug recognition evaluation: an immediate 90-day licence suspension, a 7-day vehicle impoundment, an administrative penalty, and a required education or treatment program.
- Blow in the warn range (50 to 79 mg): this is not a criminal charge, but a first occurrence now means a 7-day suspension (under section 48(14) of the Highway Traffic Act), with longer suspensions and a penalty if it happens again.
You also pay the towing and storage. There are very few grounds to challenge the 90-day suspension itself. The criminal charge is a separate case, and that's where the real defence happens.
Penalties if you're convicted
A conviction for impaired driving, over 80 or refusal is a criminal record. For a first offence, the Criminal Code sets these minimums:
- A fine of at least $1,000
- At least $1,500 if your reading was 120 to 159 mg, and at least $2,000 if it was 160 mg or higher
- At least $2,000 for refusal
- A driving prohibition of at least one year, anywhere in Canada
Ontario then adds a provincial licence suspension, a remedial program, and an ignition interlock condition when you're allowed back on the road. Some first offenders can shorten their time off the road through Ontario's ignition interlock program. Expect your insurance to go up sharply for years.
The maximum sentence is 10 years when the Crown proceeds by indictment. Jail is uncommon for a first offence where nobody was hurt, but a second offence carries mandatory jail.
How impaired driving cases are defended
We can't tell you what defences you have until we've read the disclosure, which includes the officers' notes, the breath test records and any video. These are the questions we start with:
- Was the stop lawful, and did the officer have a proper basis for the demand?
- Were you told why you were detained, and were you given a real chance to call a lawyer of your choice?
- Were the breath samples taken as soon as practicable, by a qualified technician, on an instrument that was working and properly maintained?
- Do the officers' notes match the in-car camera and the booking video?
- For an impaired charge, does the evidence actually show impairment, or just the smell of alcohol and a nervous driver?
- Has the case taken too long? Under the Supreme Court's decision in R. v. Jordan, cases in the Ontario Court of Justice generally have to be finished within 18 months of the charge.
If a Charter breach is proven, the judge can exclude evidence such as the breath readings, which can end the Crown's case. When the evidence is strong, there may still be a better resolution available. In some cases, for example, the Crown agrees to resolve the matter as careless driving under the Highway Traffic Act, which is not a criminal offence.
If you're not a Canadian citizen, tell us right away
Because impaired driving carries a maximum of 10 years, Canada's immigration law treats it as serious criminality. A conviction can lead to removal proceedings against a permanent resident, and it can derail a work permit, study permit or PR application. Our firm also practises immigration law, so we look at your status before any plea is discussed.
Your case at the Brampton courthouse
Impaired driving charges from Mississauga and Brampton are heard at the A. Grenville & William Davis Courthouse on Hurontario Street in Brampton. Charges from Oakville and Milton go to the Milton Courthouse. Early appearances are often handled remotely, and a lawyer can usually appear for you. We take care of those dates, get the disclosure, and give you a straight answer about your options before you decide anything.
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
Will I lose my licence right away?
In most over 80 and refusal cases, yes. Ontario imposes an immediate 90-day suspension and a 7-day impoundment at the roadside. That's separate from the criminal case and happens even if you're later found not guilty.
Can I drive while my case is going on?
Not during the 90-day suspension. After that, your licence is usually reinstated while the criminal case continues, unless your release conditions say otherwise. If you're convicted, you'll face a driving prohibition of at least one year.
Is it worth fighting a first-offence impaired charge?
Often, yes. A conviction means a criminal record, a driving ban, much higher insurance and, for non-citizens, possible immigration trouble. Many cases have weak points in how the stop, the demand or the testing was handled, but you can only judge that once a lawyer has reviewed the disclosure.
What's the difference between impaired and over 80?
Impaired is about whether your ability to drive was affected, based on observations. Over 80 is about the number: a blood alcohol concentration of 80 mg or more within two hours of driving. You can be charged with both, but you can't be convicted of both for the same driving.
I refused because I panicked. Is that a defence?
Refusal is only excused if you had a reasonable excuse, such as a genuine medical inability to give a sample. Panic usually isn't enough on its own. But the demand itself has to be lawful and properly explained, and those details are often where refusal cases are won or lost.
Do I have to go to court in Brampton myself?
Not always. A lawyer can often appear for you at early court dates. You will need to attend for a trial or if you decide to plead guilty.
Do you accept Legal Aid certificates?
We consider Legal Aid Ontario certificates on a case-by-case basis. Tell us when you call if you have a certificate or have applied for one.
Can we talk in Punjabi, Urdu or Hindi?
Yes. We meet clients in English, Urdu, Hindi and Punjabi.
Related guides
- DUI Penalties in Ontario (2026): Fines, Jail & Suspensions
- How to Defend DUI Charges in Ontario
- Refusal to Blow in Ontario: 2026 Penalties & Defences
- Refusal to Blow Charge Dismissed After Charter Breach
- SCC Clarifies DUI Breathalyzer Proof for Criminal Defence
- Stunt Driving in Ontario: 2026 Penalties & Defences
- First-Time DUI in Ontario: What Happens Next
Other charges we handle
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.