Being charged with impaired driving in Ontario triggers a series of legal, financial, and personal consequences. The process starts at the roadside and continues through court dates, licence suspensions, and potential criminal records. If you’ve been charged, it’s important to understand each stage so you can make informed decisions, protect your rights, and avoid common mistakes.
This guide explains what happens when you get a DUI in Ontario, step by step, from the initial police stop to the legal aftermath.
What Happens When You Get a DUI?
The Police Stop You
Police in Ontario can stop your vehicle at any time to check for sobriety, especially during RIDE programs or late-night patrols. Officers may stop you without suspicion under Mandatory Alcohol Screening (MAS) laws if they have an approved screening device in their possession.
If the officer smells alcohol, sees signs of impairment, or simply decides to test you during a lawful stop, they may demand a roadside breath test immediately. The presence of the screening device is what makes the demand legal. If the officer delays or does not have the device, the demand may be unlawful.
Roadside Testing and Arrest
If the roadside screening device registers a “fail” or “warn” result above provincial limits, the officer can arrest you on the spot for impaired driving or for having a blood alcohol concentration over 80 mg.
Once arrested, your right to counsel kicks in, and officers are required to inform you of your right to speak with a lawyer. You are then placed in the police vehicle and taken to the station.
Further Testing at the Station
At the police station, you will be required to provide two breath samples using the Intoxilyzer 8000 or 9000, a high-precision breath testing machine. The results from this machine determine the official charges.
- If the results are over 80 mg of alcohol per 100 mL of blood, you will be charged under the Criminal Code.
- The charge can be for impaired driving, over 80, or both.
- You may also be charged for refusing to provide a breath sample if you fail to comply.
This testing process typically occurs within two hours of the arrest. You are then fingerprinted, photographed, and released with a court date.
Licence Suspension and Release
Immediately upon being charged, your driver’s licence is suspended for 90 days under provincial law. This suspension takes effect whether or not you’re ultimately found guilty.
The Ministry of Transportation in Ontario imposes this automatic suspension. Your vehicle may also be impounded for seven days. After your release, you must wait for your disclosure—the full set of evidence against you—which will be used to prepare your defence.
Trial and Legal Process
The legal process begins with your first court appearance, which is administrative. No plea is entered at this stage. If you plan to plead guilty, doing so within the 90-day suspension period can reduce the overall suspension to 3 months, followed by 9 months with an interlock device for a first time offender.
If you fight the charge, the case progresses through the following stages:
- Crown Pretrial – A meeting with the Crown Attorney to discuss the strength of the case, possible resolutions, or trial logistics.
- Judicial Pretrial (if needed) – A meeting involving a judge to review legal arguments or case timelines.
- Setting a Trial Date – Trials in Ontario are usually held 3 to 12 months after charges are laid.
- Trial – Your lawyer will cross-examine police witnesses, challenge the legality of the stop or breath demand, and may file Charter applications if your rights were violated.
The entire process must be completed within 18 months of the charge being laid, as per the Supreme Court of Canada’s Jordan decision. Delays beyond that can result in your charges being stayed.
Understanding this timeline is important because how and when you act can directly affect the outcome of your case. You should prepare to defend yourself from the moment you’re charged—delay can make things harder later.
Should You Plead Guilty?
Pleading guilty to a DUI charge may seem like a way to move on quickly, but it comes with long-term consequences. A guilty plea results in a criminal conviction, a mandatory fine, and a driving prohibition.
If you plead guilty within the 90-day administrative suspension period, the Ontario Ministry of Transportation may allow you to reduce the total length of your licence suspension. Instead of losing your licence for a full year, you may be eligible for:
- A 3-month hard suspension
- Followed by 9 months with an ignition interlock device installed in your vehicle
However, missing this 90-day window means a longer suspension and more restrictions:
- A 6-month hard suspension
- Followed by 12 months with an interlock device
Even when the penalties are reduced, you will still have a permanent criminal record unless you later apply for a record suspension.
You should not plead guilty until you’ve reviewed all the evidence, called “disclosure,” which includes police notes, video, and breath test results. The Crown must provide this disclosure before your case can move forward. If the evidence is flawed or the police made errors, pleading guilty may not be your best option.
Always speak with a lawyer before pleading guilty. A lawyer can identify whether the police violated your rights or whether the Crown’s case is weak. Even if you want to avoid a trial, it may be possible to negotiate a plea to a lesser offence like careless driving, which carries no criminal record.
Can You Fight a DUI? – Yes
You can fight a DUI charge in Ontario, and many people do. DUI cases are complex and highly technical, which means there are multiple legal avenues to challenge them.
From the moment you are charged, the Crown must prove every element of the offence beyond a reasonable doubt. That includes the lawfulness of the stop, the accuracy of the roadside test, the reliability of the Intoxilyzer readings, and proper police procedure.
Common legal defences include:
- Unlawful breath demand (e.g., no device present at roadside)
- Delay in testing that undermines accuracy
- Violation of your right to counsel
- Poor handling or delay in providing disclosure
- Charter breaches that affect admissibility of evidence
Once disclosure is reviewed, your lawyer can assess whether the evidence is strong or if there are grounds to file legal applications. If your Charter rights were violated, the court can exclude breath test results or dismiss the case entirely.
If the Crown’s case has weaknesses, they may offer to resolve the matter through a plea to careless driving under the Highway Traffic Act. This avoids a criminal conviction but still carries insurance and driving consequences.
In some cases, DUI charges go to trial. Trials for simple impaired or Over .80 offences that do not involve bodily harm take place in the Ontario Court of Justice, without a jury. If the trial process takes longer than 18 months from the date of the charge—and the delay wasn’t caused by you—the charges can be dismissed.
Fighting a DUI does take time and legal strategy, but it is often your best option if there are issues with how the case was handled.
Should You Hire a Lawyer for Your DUI? – Yes
Hiring a lawyer for your DUI charge is one of the most important decisions you will make. DUI law in Ontario involves detailed rules around evidence, breath testing, and constitutional rights. Mistakes made early in the process can limit your legal options later.
A lawyer who focuses on DUI cases understands the technology behind breath testing, the legal grounds for challenging police conduct, and how to negotiate with the Crown. A general criminal lawyer who mostly handles theft or assault cases may not be familiar with the technical requirements of impaired driving law.
Good DUI lawyers will:
- Review your disclosure in detail
- Identify legal issues like unreasonable delays or Charter violations
- Negotiate with the Crown to reduce or withdraw charges
- Represent you in pretrial meetings and trial, if needed
- Help you make informed decisions about pleading guilty or going to trial
At your first meeting, the lawyer should ask specific questions about the stop—such as where you were, whether the keys were in the ignition, and how much time passed before the test. These questions help determine if the police followed proper procedure.
A lawyer can also explain the long-term consequences of a conviction—like how it affects your record, insurance, job, and ability to travel. With legal help, you have a better chance of keeping the penalties to a minimum and avoiding a criminal record if possible.
You should not try to navigate the system alone. DUI charges are too serious to take chances with.
How Much Does a DUI Lawyer Cost?
The cost of hiring a DUI lawyer in Ontario ranges widely depending on the complexity of the case and the experience of the lawyer.
For most people facing a first-time impaired driving charge, legal fees will fall somewhere between $5,000 and $20,000 CAD.
Simple cases—such as those involving only a roadside fail reading and no accident or injuries—tend to fall at the lower end of the range.
These cases may require one or two court appearances and limited preparation. Lawyers may quote a flat fee starting around $5,000 for these files.
More involved cases cost more. If your case involves:
- Multiple trial days
- Charter applications (e.g., rights violations)
- Scientific challenges to the breath test
- Complex negotiations with the Crown
—then you can expect legal fees to increase significantly, sometimes up to $15,000–$20,000 or more.
Lawyers who specialize in DUI cases typically charge flat rates instead of hourly billing. The flat fee covers disclosure review, pretrial meetings, and basic court attendance. Additional fees may apply if the case goes to trial. Some lawyers offer staged payments or financing options.
It’s important to ask what the quoted fee includes and whether it covers trial preparation, legal research, expert reports, or multiple court appearances. You should also ask whether the lawyer charges extra for trial days or if those are built into the quote.
Paying for a DUI lawyer is a serious expense, but a conviction often costs more in the long run through fines, licence suspensions, increased insurance, and job consequences. Hiring someone experienced can improve your chances of a better outcome and help avoid expensive mistakes.
Consequences of Getting Charged with a DUI
A DUI charge in Ontario triggers several legal and non-legal consequences, even before a conviction. The moment you’re charged, the province imposes a 90-day licence suspension, and your vehicle may be impounded for seven days. You also receive a court date and are fingerprinted.
If you’re convicted, the consequences expand beyond fines and driving bans. You will have a permanent criminal record unless you apply for a record suspension (formerly a pardon), which is only available after a five-year waiting period.
Consequences of a DUI conviction include:
- Mandatory fines
- A criminal record
- Licence suspension
- Interlock program enrolment
- Insurance rate increases
- Job loss or employment restrictions
- Travel issues, especially into the U.S.
These penalties are applied whether your offence is for impaired driving, over 80, or refusing to provide a breath sample. Each charge carries the same weight under the Criminal Code.
Once you’re convicted, the consequences begin immediately and can affect nearly every part of your daily life.
Fines and a Criminal Record
A DUI conviction includes a mandatory fine of at least $1,000. The actual amount depends on the nature of the offence and whether it’s a first, second, or third conviction. The fine is also subject to a 30% victim fine surcharge, which raises the total to around $1,300 or more.
If your blood alcohol readings are unusually high or if aggravating factors are present—such as causing an accident or refusing to blow—fines can increase. A fine over $3,000 can be interpreted by the court as a sign that jail time may be appropriate.
The criminal record is permanent unless you apply for a record suspension. Impaired driving offences—such as over 80 or refusing a breath test—are not eligible for discharge. Even if you never go to jail, the record can appear on background checks and affect employment, insurance, and border entry.
Interlock Device and Training
Once convicted, the Ministry of Transportation requires that you participate in Ontario’s Ignition Interlock Program. This means you must install a breath-testing device in your vehicle that prevents the engine from starting unless you provide a clean sample.
The interlock period is typically:
- 9 months if you plead guilty within 90 days of being charged
- 12 months if you plead guilty after 90 days or are convicted at trial
Costs include:
- $100–$200 for installation
- $50–$100/month for the lease
- $850 for licence reinstatement
You must also complete the Back on Track program, which costs $894. This training covers alcohol education, risk assessment, and counselling. Completion is mandatory for licence reinstatement.
These programs are not optional. They are enforced through provincial legislation and must be completed before you can legally drive again.
Insurance Consequences for Getting a DUI
A DUI conviction almost always causes your auto insurance to skyrocket. Once a conviction is recorded, insurance companies will either:
- Raise your premiums dramatically
- Classify you as high-risk
- Cancel your policy altogether
Some drivers have reported annual premiums rising from $1,500 to over $6,000. If you’re classified as high-risk, you may be forced to purchase coverage from a facility association insurer, which provides the most expensive coverage in Ontario.
Insurance companies will also:
- See any roadside 90-day suspension on your Ministry of Transportation record
- Infer that careless driving may have originated from an impaired charge
- Penalize drivers for roadside warnings or 3-day suspensions even without criminal charges
Insurers usually look back three years when setting your rate, but a DUI stays on your driving record for life.
Employment Consequences for Getting a DUI
A DUI conviction creates a permanent criminal record, which can interfere with your current job or future job applications. Employers who require a background check—especially for positions in education, healthcare, government, or transportation—will see the conviction.
Jobs that require driving are especially affected. You may:
- Lose a commercial driving licence (e.g., AZ or DZ class)
- Become ineligible for fleet insurance
- Be removed from driving duties due to higher employer costs
A conviction may also affect work that requires a vulnerable sectors check, such as roles involving children, the elderly, or disabled individuals.
Even if the charge is resolved to careless driving, it still appears on your driving record and may create problems for driving-related employment.
Cross-Border Travel Consequences for Getting a DUI
Crossing the border with a DUI on your record can be difficult. The United States has broad discretion to deny entry to foreign nationals with criminal records.
Although a single conviction for impaired driving or over 80 (without jail time or injury) typically does not lead to automatic denial, you can still be refused entry without explanation. U.S. Customs and Border Protection officers use their own standards, including whether the conviction involves “moral turpitude”—a category that usually excludes DUI, but not always.
A proposed U.S. Senate bill aims to bar anyone with a DUI conviction from entering, but it has not been passed yet.
If you have multiple convictions or a combination of criminal and traffic offences, your chance of being turned away increases. Some countries require a visa or special permit if you have a record, so travel complications are not limited to the U.S.
The safest approach is to assume your DUI may affect future travel and to consult with a lawyer if cross-border movement is a priority for your work or personal life.
DUI Costs Compared: Lawyer vs. No Lawyer
If you hire an experienced DUI lawyer and are acquitted, your financial burden is usually limited to legal fees. If you represent yourself and are convicted, the total cost is much higher—both financially and in long-term consequences.
| Scenario | With Lawyer (If Acquitted) | Self-Represented (If Convicted) |
| Legal Fees | $5,000–$20,000 | $0 (no lawyer) |
| Fine (including surcharge) | $0 | $1,300–$2,600 |
| Licence Reinstatement Fee | $0 | $850 |
| Back on Track Program | $0 | $894 |
| Ignition Interlock (9–12 months) | $0 | $600–$1,200 (installation & leasing) |
| Insurance Increase (over 3 years) | $0 | $10,000–$15,000+ |
| Criminal Record | No | Yes |
| Employment / Travel Restrictions | None | Yes |
| Estimated Total Cost | $5,000–$20,000 | $13,000–$20,000+ plus long-term impact |
Paying for proper defence may reduce or eliminate most of the above costs. Conviction brings far more than just a fine.
Differences Between a First and Second Offence DUI
First Offence DUI
A first DUI conviction in Ontario brings serious consequences, but the penalties become much harsher for a second offence. The law treats repeat impaired driving very differently, especially if the second offence happens within five years of the first.
For a first offence, you will face:
- A minimum $1,000 fine
- A 1-year licence suspension (can be shortened with early guilty plea)
- Mandatory participation in the Ignition Interlock Program
- Mandatory Back on Track education and treatment program
- A permanent criminal record
Second Offence DUI
If you are convicted a second time and the Crown wishes to file notice of your previous conviction, the penalties increase automatically. The court has no discretion to avoid jail.
Penalties for a second offence include:
- A minimum 30-day jail sentence
- A 2-year licence suspension
- Higher fines or additional penalties depending on the case
- Longer mandatory interlock period
- Increased insurance risk classification
- A five-year lock-in period during which future offences bring mandatory jail time
If the second offence occurs closer to ten years after the first, there may be more flexibility in negotiations, but technically it is still counted as a second offence.
A third DUI conviction results in a minimum 120 days in jail, with increasing risk of longer incarceration and lifetime driving prohibitions.
Each new conviction resets the consequences and places you under stricter monitoring and restrictions. This includes longer interlock terms, more intrusive background checks, and fewer options for job recovery or insurance rehabilitation.
How To Remove a DUI From Your Criminal Record
A DUI conviction creates a permanent criminal record, but it can be removed by applying for a record suspension (formerly known as a pardon). This is the only legal method for removing a DUI from your record in Canada.
You must wait five years from the date you complete all sentencing requirements—including fines, driving prohibition, and any mandatory programs—before applying.
The process involves:
- Collecting documents – Including court records, RCMP background checks, and proof that all penalties have been satisfied.
- Completing the application – Sent to the Parole Board of Canada, which handles all record suspension requests.
- Paying the fee – Currently around $60, though additional costs may apply if you use a legal service.
Approval is not guaranteed. The Parole Board reviews whether you’ve had any further charges and assesses whether removing the conviction serves the public interest.
If approved, your record is sealed and will not appear on most criminal background checks. However, the conviction still exists and may appear in sensitive searches, such as for border crossings or government security clearances.
You cannot receive a record suspension for a DUI until the five-year waiting period ends and all related conditions are met. Early discharge is not available for DUI charges.
Staying out of legal trouble and maintaining a clean record in the years following your conviction will improve your chances of success.
X-Copper Specializes in DUIs – We Can Help You
At X-Copper, we’ve helped thousands of people across Ontario deal with impaired driving charges. We understand how stressful and overwhelming it is to face a DUI—and we’re here to guide you through it with clear advice, strong legal strategy, and focused representation.
We take the time to understand the details of your case, review the disclosure carefully, and look for any issues in the way the police handled the stop, the testing, or your rights. Our team focuses on DUI law, and we know how to challenge charges, negotiate with Crown prosecutors, and, when needed, take cases to trial.
If you’ve been charged with a DUI, don’t wait to get answers. Contact us today for a consultation. We’ll explain your options, what steps come next, and how we can work together to fight the charge or reduce the consequences.
You don’t have to go through this alone. We’re ready to help.
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