Driving offences—including DUI (driving under the influence)—are not uncommon in Ontario. In fact, according to provincial data, one in three roadway fatalities involves impaired driving.
The consequences of being charged with a DUI are severe; they include criminal records, steep fines, driving bans, and even jail time. In response to the high number of impaired driving incidents in Ontario, the government has created stricter laws. Most recently, the Safer Roads and Communities Act, 2024 (Bill 197, which amended the Highway Traffic Act), has imposed tougher penalties, extended police powers, and taken other measures to deter dangerous driving.
Still, many people do not fully understand their rights or the process that takes place after a DUI charge.
This blog explains what counts as impaired driving in Ontario, the “Over 80” rule, and what to do if you’re charged with a DUI.
What Counts as Impaired Driving in Ontario?
According to section 320.14 of the Criminal Code of Canada, impaired driving means operating a vehicle while your ability is affected by alcohol or drugs. “Drugs” include cannabis, prescription medications, and illegal substances.
Police often rely on roadside observations to determine whether a driver is impaired. They look for signs like slurred speech, erratic driving, the smell of alcohol or drugs, or coordination issues.
There’s a common misconception that people can only be charged if their blood alcohol concentration (BAC) is over the legal limit. In fact, impairment alone is enough.
The “Over 80” Rule
It is a criminal offence to have 80 mg of alcohol in 100 mL of blood (0.08 BAC) or higher.
If police suspect impairment, they can demand a breathalyzer test at the roadside or station. Even small amounts of alcohol can push someone over the legal limit, depending on factors like weight, food intake, and metabolism.
A driver may fall within the “warn range”: a BAC of 0.05–0.079. While this does not create a criminal offence, it can trigger an immediate licence suspension and other provincial penalties. By contrast, blowing 0.08 or higher is a criminal charge that goes on your record.
Refusal to Provide a Breath or Blood Sample
Section 320.15(1) of the Criminal Code makes it a crime to fail or refuse to comply with a police officer’s demand for a sample (breath, blood, oral fluid, or bodily substance). The penalties for refusal are the same as for impaired driving, including fines, licence suspensions, and possible jail time depending on prior offences.
Police may demand a sample under the following circumstances:
- They suspect you drove within the last three hours while impaired by alcohol or drugs.
- They have a warrant requiring a bodily sample.
- You are already under a court order to provide samples.
Refusing to provide a sample will not help you avoid charges; in fact, it usually makes the situation worse.
Penalties for DUI in Ontario
When it comes to penalties for impaired driving, judges must enforce mandatory minimums. This means they have no discretion to reduce sentences below a certain threshold. Under the Criminal Code, penalties for DUI depend on whether it’s your first, second, or third offence.
- First offence: Minimum $1,000 fine and a one-year driving ban.
- Second offence: Minimum 30 days in jail and a longer suspension.
- Third offence: Minimum 120 days in jail and a possible lifetime driving ban.
Impaired drivers may face additional penalties under the province’s Highway Traffic Act and the Safer Roads and Communities Act, 2024. These include:
- Mandatory ignition interlock program: Prevents a vehicle from starting if alcohol is detected on your breath.
- Rising insurance rates: Can make driving unaffordable for years.
- Permanent criminal record: Can affect jobs, professional licensing, and volunteering opportunities.
- Travel restrictions: Possible bans on entering countries, such as the United States.
Police also have the power to issue immediate roadside suspensions that apply even before a conviction, and to impound vehicles on the spot.
As noted, Ontario updated its impaired driving laws in 2025 with special provisions:
- Zero tolerance for new drivers: Ontario’s graduated licensing system enforces zero tolerance for drivers under 21 and drivers with less than 2 years’ experience.
- Ignition interlock program: Convicted drivers must install a device that prevents the car from starting if alcohol is detected on their breath.
- “Back on Track”: All convicted drivers must complete this program, which consists of education, assessment, and counselling.
These reforms aim to deter repeat offenders and emphasize to the public that impaired driving can have significant repercussions.
What to Do if You’re Charged
Being charged with a DUI can be a stressful experience. But acting quickly can make a big difference in securing a better outcome. Here are some practical tips to keep in mind:
- Call a criminal defence lawyer right away. Do not plead guilty or speak to police without legal advice.
- Learn your rights. A lawyer can identify possible defences, such as Charter violations, faulty testing equipment, or improper police procedures.
- Keep track of your deadlines. Court dates, disclosure requests, and filing timelines are critical, and missing them can harm your case.
By following the proper steps, you can improve your chances of protecting your rights and minimizing the consequences.
Understanding the Stakes of a DUI Charge in Ontario
DUI charges in Ontario are serious, and penalties can affect every part of your life. Even a first offence can carry lasting consequences, from a criminal record to financial issues and travel restrictions.
Understanding the law—and especially the new rules—can help you protect your rights. If you’re charged with a DUI, you should act quickly and get legal help. By staying informed and seeking experienced legal representation, you put yourself in the best position to move forward and safeguard your future.
Barrison & Manitius: Providing Experienced Representation in Impaired Driving Cases in Oshawa & Durham Region
If you or someone you know has been charged with impaired driving in Ontario, don’t wait—speak to a criminal defence lawyer right away. The right legal advice can make all the difference. At Barrison & Manitius, our skilled criminal defence lawyers help you understand the legal framework surrounding impaired driving issues and protect your rights. We take the time to listen to your situation and create effective legal defences that aim to minimize the potentially devastating consequences of an impaired driving charge and ensure a fair and just outcome.
Conveniently located near the Durham Consolidated Courthouse, Barrison & Manitius maintains a 24/7 emergency call service for clients in immediate need. We proudly serve all of Durham Region, including Oshawa, Whitby, Ajax, Pickering, and the surrounding communities, including Cobourg, Peterborough, and Lindsay. To schedule a confidential consultation, please call us at 905-404-1947 (toll-free at 1-888-680-1947) or reach out online.