Getting a DUI in Ontario
In Ontario, getting a DUI typically begins with a roadside stop, where police assess whether you’ve been drinking. If the officer suspects impairment, they must immediately make a breath demand using an approved screening device. If you fail this roadside test, you will be arrested and taken to the station. At the station, you’ll provide further breath samples on a more accurate device called the Intoxylyzer.
After your arrest, the process continues with several administrative steps:
- You are released with a court date.
- The Ministry of Transportation suspends your driver’s licence for 90 days.
- The Crown provides you and your lawyer with disclosure, which includes all the evidence against you.
Trials are held in the Ontario Court of Justice. There is no jury unless the case involves serious harm or death. Most DUI cases are handled by a judge alone. No formal plea is entered when charges are laid, unlike in the United States.
Pleading guilty within the 90-day suspension period can reduce the one-year licence suspension to three months, followed by nine months with an ignition interlock device. If you wait longer to plead guilty, the suspension increases to six months, followed by 12 months with the interlock.
DUIs in Ontario follow a strict process. The main focus is on whether police procedure was properly followed. Most defences aim to challenge that procedure. If the officer did not follow the law—such as failing to make a breath demand immediately, or not having the device present—the evidence can be challenged in court. In some cases, the charge may be reduced to careless driving, which avoids a criminal record.
Cost of Fighting a DUI in Ontario
Fighting a DUI charge in Ontario usually costs between $5,000 and $20,000, depending on how complex the case is. The cost includes your lawyer’s time, preparation, court appearances, and possibly expert evidence. A simple case, where the facts are clear and the legal issues are straightforward, might cost closer to $5,000. A case involving multiple court dates, detailed applications, or Charter challenges can reach $20,000 or more.
The largest cost is usually legal fees. These are influenced by:
- How many times your lawyer must go to court
- Whether your case involves a trial or a resolution meeting
- The number of legal issues that need to be researched or argued
- The lawyer’s experience and whether they focus on DUI defence
Delays caused by the Crown or court system can make the process more expensive. For example, delays in disclosure or missing police records can add months to your case, requiring more court appearances and legal work. Cases must be resolved within 18 months, as required by a Supreme Court of Canada ruling (R. v. Jordan), but defence-caused delays don’t count toward that timeline.
You also need to factor in the indirect costs of fighting a DUI. These include time off work for court dates, transportation costs while your licence is suspended, and the risk of rising insurance premiums even while charges are pending. If your case ends in a conviction, you will still need to pay a fine and install an interlock device.
Fines for a DUI in Ontario
The minimum fine for a first-time DUI in Ontario is $1,000, but it can increase depending on the circumstances. The fine is set by the court and generally falls between $1,000 and $2,000. A fine higher than $3,000 may suggest the possibility of jail time, especially if there were aggravating factors.
On top of the fine, the court adds a 30% victim fine surcharge. This means that a $1,000 fine becomes $1,300. The surcharge used to fund services for crime victims, but now goes directly to the court system. It is mandatory and applies to all DUI fines.
Other costs apply after conviction:
- $850 fee to reinstate your driver’s licence
- $894 fee for the Ministry-mandated “Back on Track” program
- $100–$200 installation fee for the ignition interlock device
- $50–$100 per month to lease the interlock device for 9 to 12 months
In total, the average cost of a conviction—not including lawyer’s fees—can reach around $5,000. This figure rises further when you include higher insurance premiums and potential loss of income.
The financial consequences of not fighting a DUI are often misunderstood. While pleading guilty might seem less expensive in the short term, a conviction carries long-term costs—both financial and personal.
Other Consequences of Getting Charged with a DUI
Beyond fines and penalties, a criminal conviction for impaired driving stays on your record and can interfere with employment.
Jobs that require a clean driving record, vulnerable sector checks, or security clearances may become inaccessible. Even if the charge is later reduced to careless driving, commercial drivers may still be blocked from resuming their careers due to insurance issues.
Your insurance premiums will likely increase significantly. A roadside 90-day suspension appears on your Ministry of Transportation (MTO) record, and even a reduced charge can be interpreted by insurers as a serious violation. Insurers often treat careless driving like a criminal conviction.
You may also face barriers crossing international borders. While a simple DUI may not block entry to the United States, repeated convictions, severe incidents, or existing flags in their system can lead to denials. Other countries have their own entry rules, and some take impaired driving charges very seriously.
The damage to your personal and professional life can go well beyond the courtroom. Travel, employment, insurance, and finances can all be affected. These consequences make it important to take every DUI charge seriously.
Should You Hire a Lawyer to Fight a DUI? – Yes
Hiring a lawyer to fight a DUI in Ontario gives you a much better chance of identifying errors and negotiating better outcomes. DUI law is highly technical, and most successful defences rely on finding mistakes in police procedure, Charter breaches, or inconsistencies in the evidence. Without legal training, it’s extremely difficult to spot or argue these issues on your own.
An experienced DUI lawyer will review the entire process, from the moment you were stopped to the way your breath samples were taken. They will examine whether the officer had the legal authority to make a breath demand, whether the device was present and properly calibrated, and whether your rights to counsel were respected.
When you hire a lawyer who focuses on impaired driving cases, you are working with someone who understands:
- How to file Charter applications
- How to challenge calibration records of the Intoxilyzer
- How to question the timing and legality of roadside demands
- How to negotiate a resolution to careless driving to avoid a criminal record
If your case goes to trial, your lawyer will prepare you for testimony, challenge police evidence, and ensure court deadlines are respected. Even if the case does not go to trial, a lawyer can often reduce the charges or penalties through negotiation.
Fighting a DUI without a lawyer increases the risk of a conviction and the full penalties that come with it. Most people do not have the knowledge or experience to interpret disclosure, question police conduct, or argue legal errors in court. If you are facing a DUI charge, working with a lawyer gives you the best chance at a more manageable outcome.
How Much Does a DUI Lawyer Cost?
The cost of hiring a DUI lawyer in Ontario ranges from $5,000 to $20,000, depending on the complexity of the case. A straightforward case, resolved in one or two court appearances, may fall at the lower end of that range. More serious or technical cases involving multiple trial days, Charter motions, or expert testimony can easily reach the upper end.
Several factors influence legal fees:
- The seriousness of the charge and presence of aggravating factors
- The number of court dates required
- The amount of evidence and time needed to review it
- Whether pretrial applications or motions must be filed
- The length of the trial, if it proceeds to one
Lawyers often charge a flat fee for DUI defence, based on an estimate of how much time and effort your case will require. Some may break down costs by stage—initial meetings, Crown pretrial, judicial pretrial, trial preparation, and trial itself.
Cost also varies depending on the lawyer’s experience. Lawyers who focus exclusively on DUI defence tend to be more efficient and better prepared, but their rates may reflect their level of expertise.
Although legal fees can seem high, the alternative is often more expensive in the long run. A conviction can lead to thousands in fines, higher insurance, lost work opportunities, and permanent damage to your record. Investing in a skilled DUI lawyer gives you the chance to avoid or reduce those consequences.
DUI Costs Compared: Lawyer vs. No Lawyer
This table shows a side-by-side comparison of what you might pay if you fight your DUI charge with a lawyer and win, versus handling it yourself and being convicted.
| 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 |
X-Copper Specializes in DUIs – We Can Help You
We understand how overwhelming it can feel to face a DUI charge. The process is complex, the consequences are serious, and the stakes are high. That’s why we focus on defending people in your position—people who want to protect their record, their licence, and their future.
We know the law, the courts, and the technical issues that make or break DUI cases. Whether you’re trying to avoid a conviction or reduce the penalties, we’re here to guide you through every step.
You don’t have to face this alone. Contact us today to talk about your case. We’ll give you straightforward answers and a plan you can rely on.
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