What is Mandatory Alcohol Screening in Ontario?
Mandatory Alcohol Screening (MAS) is a legal process where police can demand a roadside breath test from any driver they stop, even if there is no sign of impairment. This program became law in Canada in 2018 and applies across Ontario. The goal is to reduce impaired driving by allowing officers to conduct more frequent and random breath tests.
MAS changes the legal requirement for suspicion. Police no longer need to observe signs like slurred speech or the smell of alcohol before requesting a sample. If an officer has an approved screening device (ASD) available during a traffic stop, they can lawfully demand that you blow into it on the spot.
The law supports MAS as long as the breath test is quick and the device is present at the scene. Courts have ruled this process to be legal and effective. Police officers are trained on how to use the devices properly, and the devices are now widely available. Because of this, nearly any police stop can lead to a breath test—even for minor infractions.
MAS also plays a role during RIDE programs, where officers set up checkpoints to screen drivers coming from bars, events, or restaurant areas. These stops are lawful, and drivers must comply with breath demands if the devices are on hand. The legal backing for these programs is clear: the demand must be made right away, and the device must be immediately available.
When Are Breathalyzer Tests Legal in Ontario?
Breathalyzer tests are legal when police follow proper procedures. The demand for a sample must meet specific timing and device-related conditions. Police are only allowed to require a breath sample at the roadside if certain legal rules are followed.
A breathalyzer demand is lawful when:
- The officer has an ASD with them during the stop.
- The demand is made immediately after the stop or once suspicion of alcohol arises.
- There is a legal reason for the stop—such as a traffic violation or checkpoint.
- The officer has reasonable suspicion (unless MAS applies).
Under MAS, suspicion is not required if the device is present. This removes a major hurdle that used to protect drivers from random testing. However, if the device is not available at the scene and must be brought by another officer, the demand becomes unlawful.
Timing is important. If the police suspect alcohol, they must demand the breath test right away. Delays—such as questioning you before the demand or waiting for a device to arrive—can make the demand illegal. Police also cannot make you wait without explaining your rights or providing access to a lawyer after arrest.
Police must also follow proper arrest procedures if you fail the roadside test. The sequence is:
- You fail or refuse a lawful roadside test.
- You are arrested and informed of your rights.
- You are taken to the station for a second breath test.
- You give breath samples at the station under controlled conditions.
If these steps are not followed correctly, the evidence can be challenged in court. Whether during RIDE stops or regular traffic enforcement, police must use breath testing laws properly.
Can You Refuse a Breathalyzer Test in Ontario?
You cannot refuse a lawful breathalyzer demand without criminal charges. Under Ontario law, if a police officer lawfully demands a sample, you must comply. Refusing in that situation leads to an impaired driving charge, including a criminal record, licence suspension, and vehicle impoundment.
However, not all demands are legal. If the device is not present, the demand is unlawful—even if another officer is bringing it. In these cases, you are not required to provide a sample. Refusing an unlawful demand does not result in a criminal conviction, though your vehicle may still be impounded.
If the device is delayed or not on scene, that weakens the legal grounds for the demand. Courts have dismissed refusal charges where police failed to act quickly or did not follow proper procedures.
The breath demand must also happen before any extended questioning. Police cannot stall or interrogate you while waiting for a device. That kind of delay makes the demand invalid.
Refusing a test can seem like a good idea in the moment, especially if you feel the stop was unfair. But refusal almost always brings serious penalties unless the demand itself was illegal.
Consequences of Failing a Breathalyzer Test
Failing a breathalyzer test means your blood alcohol concentration (BAC) is above the legal limit and will result in immediate legal consequences. In Ontario, this includes roadside penalties and long-term criminal charges. The police will arrest you on the spot and suspend your licence, even before you’re convicted.
At the roadside, if your BAC is over the provincial warning range (50 to 79 mg of alcohol per 100 mL of blood), you may face:
- Immediate licence suspension (3, 7, or 30 days depending on prior warnings)
- Fines ranging from $250 to $450
- Vehicle impoundment in some cases
- Mandatory alcohol education programs for repeat warnings
If your BAC is over the criminal threshold of 80 mg, the consequences are more serious. You will be charged under the Criminal Code, and your vehicle will be towed. Police will take you to the station to provide additional breath samples using an Intoxicator machine. These samples confirm the precise BAC level for court evidence.
A failed test also leads to:
- 90-day administrative licence suspension under provincial law
- Criminal charges for “Over 80” or “impaired operation”
- A future court date with possible jail time and fines
- A mandatory ignition interlock program if convicted
Failing a breath test is not the end of the legal process—it’s the start of a complex and expensive path through the justice system. You may face further penalties depending on your BAC level, driving history, and whether there were aggravating factors such as an accident or children in the vehicle.
Can You Fight a DUI? – Yes
You can fight a DUI charge in Ontario, and many cases are winnable depending on how the arrest was handled and what evidence the Crown has. Impaired driving charges are technical, and police must follow strict procedures. If they make mistakes, the case may not hold up in court.
Common defences focus on:
- Illegal breathalyzer demands
- Improper use of the ASD or Intoxicator
- Delays in testing that affect the accuracy of BAC
- Failure to inform you of your rights to counsel
- Police procedural errors during arrest or transport
Fighting a DUI begins with reviewing the disclosure from the Crown Attorney, which includes all police notes, breath readings, and video evidence. Your lawyer will assess whether your rights were respected and whether the evidence was properly collected.
Here’s how the process usually unfolds:
- You receive a court date after your release from the police station.
- You meet with a lawyer and review the disclosure.
- A Crown pretrial is scheduled to explore plea options or discuss trial.
- In complex cases, a judicial pretrial may follow.
- If no resolution is reached, a trial date is set—usually 3 to 12 months later.
Trials happen in the Ontario Court of Justice without a jury unless there is bodily harm or death involved. Judges assess the legality of the arrest, the reliability of the devices, and whether your Charter rights were violated.
A successful defence could result in dropped charges, a reduced charge (such as careless driving), or a complete acquittal. Even if you’re guilty, challenging the evidence may improve the outcome. You should always speak with a lawyer before deciding to plead guilty.
Should You Hire a Lawyer for a DUI – Yes
You should hire a lawyer if you’ve been charged with a DUI in Ontario because the law is technical, the penalties are serious, and the process can be difficult to manage on your own. Impaired driving is a criminal offence, and a conviction will result in a permanent record unless successfully appealed or suspended later.
DUI charges involve strict timelines, evidence review, disclosure requests, and courtroom appearances. A lawyer who focuses on impaired driving cases will understand how to identify problems with the police investigation, improper testing, or violations of your rights under the Charter. These issues are often not obvious to people without legal training.
Your lawyer will also manage meetings with the Crown Attorney and help determine whether your case should go to trial or be resolved early. If a deal is possible—such as pleading to careless driving instead of a criminal conviction—they’ll be the one to negotiate it. Lawyers know how to prepare you for court, review machine calibration records, and build a strong defence if the case proceeds.
Without legal help, you risk pleading guilty too soon or missing a valid defence. The long-term consequences of a conviction—on your licence, record, job, and insurance—can be much worse than the cost of hiring a qualified lawyer.
How Much Does a DUI Lawyer Cost?
Hiring a DUI lawyer in Ontario typically costs between $5,000 and $20,000, depending on the complexity of the case. Simpler cases with no injuries or accidents tend to be closer to the lower end of the range, while complicated trials with multiple court dates or technical defences cost more.
The cost breakdown often includes:
- Legal fees for reviewing evidence, attending court, and preparing your defence
- Fees for expert witnesses or toxicology reports, if needed
- Additional costs if the matter goes to trial or includes Charter applications
You may be asked to pay a flat fee or be billed by the hour. Most DUI lawyers will give you a clear estimate during the first consultation and explain what is included in the fee. Payment plans are sometimes available, especially if the matter is not expected to go to trial.
Fighting the charge is expensive, but being convicted without trying can cost even more. A conviction comes with a criminal record, higher insurance premiums, program fees, licence reinstatement charges, and fines. These indirect costs can easily match or exceed the legal fees, especially for drivers who rely on their licence for work.
Consequences of Getting Charged with a DUI
Getting charged with a DUI in Ontario immediately affects your ability to drive and leads to a lengthy court process. Even before your trial, you will face penalties that impact your licence, record, and financial stability.
Upon being charged, you face:
- An immediate 90-day licence suspension under provincial law
- Vehicle impoundment for 7 days
- A mandatory court appearance
- Increased insurance premiums or policy cancellation
If convicted, the consequences escalate. For a first offence, you face:
- A minimum fine of $1,000
- A mandatory one-year driving prohibition
- Ignition interlock device required for 9 to 12 months
- Mandatory education or treatment programs, like the Back on Track program
- A permanent criminal record, unless you later qualify for a record suspension
Repeat offences come with jail time:
- 30 days for a second offence
- 120 days for a third offence
- Judges have no discretion to waive these minimums if the prior offence was within five years
There are also financial consequences:
- Reinstating your licence costs $850
- The Back on Track program costs $894
- Installing and leasing an interlock device ranges from $100 to $200 up front, plus $50 to $100 per month
Beyond the legal penalties, a DUI charge can affect your employment, especially in jobs that involve driving or require a clean record. You may also be denied entry to some countries or lose access to professional opportunities.
Getting charged with a DUI triggers a chain of consequences that affect your freedom, finances, and future. Legal advice is not optional—it’s the most effective way to manage and reduce the fallout.
X-Copper Specializes in DUIs – We Can Help You
We understand how overwhelming and stressful a DUI charge can be. If you’re facing this situation, you’re not alone. We’ve helped thousands of people across Ontario navigate impaired driving charges and protect their licences, records, and reputations.
Our focus is on results. We know the law, we know the process, and we know how to challenge the evidence. Whether it’s your first offence or you’ve been through this before, we can help you understand your options and fight for the best possible outcome.
Don’t wait to find out what might happen. The sooner you speak with us, the sooner we can start working on your defence. Contact us today—we’re ready to help.
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