Charged With a DUI in Toronto? What to Do in the First 72 Hours

Being charged with a DUI in Toronto is stressful, and the first few days matter more than most people realize. What you do in the first 72 hours can protect your licence, your evidence and your options in court. This guide walks you through the practical steps to take now, in order, and explains how an impaired driving lawyer can help.

It applies whether you were charged with impaired operation, blowing over the legal limit or refusing a breath demand. The details differ, but the first steps are the same.

What should you do right after a DUI charge?

Read your paperwork, stop driving if your licence is suspended, write down what happened, and call a lawyer before your first court date. Those four steps protect you more than anything else in the early days. The rest of this guide explains each one in more detail.

1. Read every document police gave you

Before you do anything else, gather all the paper you were handed at the roadside or the police station. Read each page carefully and keep it together in one safe place. Common documents include:

• Release paperwork. This sets out your first court date and location, and any conditions you must follow while the case is ongoing.
• Court date. Put it in your calendar now. Missing it can lead to a warrant.
• Notice of licence suspension. If you blew over 80, refused a demand, or a drug recognition evaluation found impairment, police impose a 90-day Administrative Driver's Licence Suspension (ADLS). It starts immediately and is separate from the criminal case.
• Impound notice. A 7-day vehicle impoundment usually comes with the ADLS. The notice explains where the vehicle was taken and how to get it back.

If any condition in your release paperwork is unclear, such as a rule about alcohol or where you can go, ask a lawyer before you guess. Breaching a condition can lead to a new charge.

2. Do not drive while your licence is suspended

This is the most important practical rule. The ADLS takes effect right away, and driving while suspended is a separate offence with its own penalties. It can also make the original DUI case much harder to resolve.

Arrange other transport for work, school and family commitments now. Our post on the 90-day licence suspension in Ontario explains how the suspension works and what happens when it ends. If you hold a novice licence or a commercial licence, other provincial rules may also apply, so mention this when you speak with a lawyer.

3. Write down everything you remember

Memory fades quickly, especially after a stressful night. Within the first day or two, write out a detailed account of what happened, from the start of the evening to your release. Include:

• What you ate and drank, when, and where
• When you last drank before driving
• Where and why you were stopped, and what the officer said first
• Whether a roadside screening test was done, and how long it took
• When you were told of your right to a lawyer, and whether you were able to speak to one
• How long you waited at the station before the breath test
• Anything that seemed unusual, rushed or unfair

Keep these notes private and share them only with your lawyer. Details like timing and your access to counsel can matter a great deal later, because many defences depend on whether police respected your Charter rights.

4. Preserve evidence that may help you

Evidence that supports your side can disappear if no one asks for it quickly. Think about what may exist and keep it safe:

• Receipts from restaurants or bars that show what you ordered and when
• Names and phone numbers of anyone who was with you or saw the stop
• Dashcam footage from your vehicle, or from a friend who was driving behind you
• Phone records such as texts or call logs that confirm times
• Photos of the location, lighting or road conditions

Do not edit or delete anything. Your lawyer can decide what is useful and how to use it.

5. Do not discuss the case on social media or with others

Anything you post, message or say can end up as evidence. Avoid talking about the charge online, even in private groups, and do not message the officers involved. Keep conversations with friends and family general.

The one person you can speak with freely is your lawyer, because those conversations are protected by solicitor-client privilege. Our DUI code of conduct sets out more of the do's and don'ts after a charge.

6. Call a lawyer before your first appearance

Speaking with a drunk driving lawyer early gives you the most options. We can explain the charge, the possible penalties and the provincial consequences, and start planning your defence before the first court date.

Timing matters for another reason too. Ontario has a reduced suspension program that may let some eligible first offenders drive sooner with an ignition interlock if they resolve their case early. The eligibility rules and deadlines are strict, and taking part generally means resolving the charge rather than contesting it, so you need advice before deciding. Our DUI fines and penalties guide shows what is at stake if a case ends in a conviction.

7. What happens at the first appearance and disclosure

The first appearance is usually short. No evidence is heard and no one decides guilt. In many cases, your lawyer can attend on your behalf.

The main purpose of the early court dates is to get disclosure, which is the Crown's evidence against you. In a DUI case, disclosure often includes officer notes, roadside and station video, Intoxilyzer 8000C breath test records and maintenance logs. We review this material closely to look for problems with the stop, the breath demands, the timing of the tests and your right to counsel. The case then moves through discussions with the Crown and, if needed, toward trial.

8. Insurance and employer questions

A DUI charge can raise questions about your car insurance and your job, especially if you drive for work. Some insurance policies and employment contracts require you to report a charge, while others focus on convictions.

Check your policy and contract, but speak with a lawyer before you contact your insurer or employer. We can help you work out what you must disclose and how to do it without discussing the facts of the case.

9. Check your immigration status

If you are not a Canadian citizen, tell your lawyer right away. Since the 2018 amendments raised the maximum penalty, impaired driving is treated as serious criminality under immigration law. A permanent resident or foreign national who is convicted can face inadmissibility or removal.

This does not mean the worst will happen, but it does mean every decision in your case should be made with immigration advice in mind. A conviction can also complicate entry to the United States, which matters if you travel for work or family.

How DUI Lawyer Toronto helps

From the first call, our team works to protect your licence, your record and your future. We:

• Explain your charge and the licence consequences in plain language
• Attend court for you where the rules allow it
• Obtain and review every part of the disclosure
• Look for Charter breaches and weaknesses in the Crown's evidence
• Advise you on early options, including whether a resolution or a trial makes sense
• Represent you at trial if the case goes that far

We act for clients across Toronto and the GTA, including people charged in North York, Scarborough and Etobicoke, as well as those whose cases are heard in Peel Region by our Mississauga DUI lawyer team. Outcomes always depend on the evidence, but early advice gives you the strongest footing. You can read about how we approach fees and quotes before you call.

Get advice today

You do not have to work through a DUI charge alone. Contact DUI Lawyer Toronto any time, 24/7, or call 647-370-5179 for a free, confidential consultation about your case.