Toronto Impaired Driving Lawyer: Defending DUI and Drunk Driving Charges

If you were charged with impaired driving anywhere in Toronto or the GTA, you are probably facing two problems at once: a criminal charge that could leave you with a record, and a licence that may already be suspended. An experienced impaired driving lawyer in Toronto can help you understand both, examine how the police built their case, and look for weaknesses before your first court date. At DUI Lawyer Toronto, our team defends drunk driving and drug-impaired driving charges across the GTA, and we answer the phone 24/7.

This page explains what the offence means, how police try to prove it, what penalties are on the table, and the defences that can apply.

What Does Impaired Driving Mean in Canada?

Impaired driving means operating a motor vehicle while your ability to do so is impaired to any degree by alcohol, a drug, or a combination of both. It is set out in section 320.14(1)(a) of the Criminal Code, in the Part that came into force on 18 December 2018.

Three points surprise many people:

• Any degree counts. The Crown does not have to prove you were falling-down drunk. A slight but real impairment of your ability to drive is enough.
• No number is required. Unlike an over 80 charge, impaired driving can be proven without a breath or blood reading.
• "Operation" is broad. It covers driving, but it can also cover sitting behind the wheel of a parked car. That situation is explained on our care and control page.

People search for this charge in many ways, including DUI, DWI, drunk driving and drinking and driving. In Canadian law they generally point to the same group of offences. Our article on what DWI means in Canada walks through the terminology.

How Do Police Build an Impaired Driving Case?

Impaired driving is an evidence-heavy charge. Because it depends on what officers say they saw, heard and smelled, the quality of that evidence varies a great deal from case to case.

Driving evidence

Many investigations start with the driving itself: weaving within a lane, drifting over a line, speeding or driving unusually slowly, a late reaction at a light, or a collision. Other cases begin at a RIDE check stop, where there may be no bad driving at all. RIDE programs are common across Toronto, especially in the evenings, on weekends and during the holiday season.

Physical signs

Officers typically record indicia such as the odour of alcohol, glossy or red eyes, slurred speech, fumbling with documents, unsteadiness getting out of the car, or admissions about drinking. Each of these can have an innocent explanation. Fatigue, allergies, nerves, a medical condition, the cold, or the simple stress of a police encounter can produce the same signs.

Roadside testing

Police may use an approved screening device at the roadside. Under section 320.27(2), an officer with a screening device can demand a breath sample from any lawfully stopped driver, even without suspicion. Officers may also ask a driver to perform physical coordination tests (often called standardized field sobriety tests). Where drugs are suspected, an officer may demand a drug recognition evaluation, which is covered in detail on our drug-impaired driving page.

Station evidence and video

After an arrest, drivers are usually taken to a police division for breath tests on an approved instrument such as the Intoxilyzer 8000C. Booking video, in-car camera footage and breath room recordings often show a very different person from the one described in the officer's notes. Getting and reviewing that disclosure is one of the first things we do.

Impaired Driving vs Over 80: What Is the Difference?

The two charges are often laid together, but they are proven differently.

You cannot be convicted of both offences for the same driving, but the Crown may pursue both until trial. A strong defence addresses each charge on its own terms.

Alcohol vs Drug Impairment

The same section covers impairment by alcohol, by a drug, or by both. Alcohol cases usually rely on breath readings and observations. Drug cases rely more on drug recognition evaluations, oral fluid screening and blood samples, and they raise different scientific questions, including how long a substance stays in the body after its effects have faded. Prescription medication and cannabis can both lead to a charge, even when the drug was taken legally.

Impaired Driving Penalties in Ontario

A conviction brings mandatory Criminal Code penalties plus separate provincial consequences. The table below shows the minimum federal penalties and the Ontario licence suspension that follows a conviction.

On a first offence, higher proven blood alcohol readings raise the minimum fine: $1,500 at 120 to 159 mg and $2,000 at 160 mg or more. A reading of 120 mg or more is also an aggravating factor at sentencing. The maximum sentence where no one was injured is 10 years if the Crown proceeds by indictment, or two years less a day on summary conviction. For a fuller breakdown, see our guide to DUI fines and penalties and our pages on a first offence and a second offence.

A conviction is a criminal conviction. It creates a criminal record, can affect employment and professional licences, can complicate travel to the United States, and can have serious immigration consequences for permanent residents and foreign nationals.

Provincial Consequences You May Already Be Facing

Ontario acts on its own, separately from the criminal case:

• 90-day Administrative Driver's Licence Suspension (ADLS). Imposed immediately for a BAC over 80, a refusal, or a drug recognition evaluation finding impairment. Our article on the 90-day ADLS explains how it works.
• 7-day vehicle impoundment and an administrative monetary penalty.
• Licence suspension on conviction of one year, three years or life, depending on your record.
• Back on Track, Ontario's mandatory remedial program of assessment, education or treatment and follow-up, which must be completed before reinstatement. See our guide to the Back on Track program.
• Ignition interlock as a licence condition after reinstatement, for at least one year after a first conviction. Ontario's reduced suspension program may let eligible first offenders who resolve early drive sooner with an interlock, but the eligibility rules and deadlines are strict. Our ignition interlock guide covers the basics.

Common Defences to an Impaired Driving Charge

Every case is different, and the right defence depends on the evidence. These are some of the issues a DUI lawyer in Toronto will look at closely.

Charter violations

• Section 8 (unreasonable search). Breath demands, blood demands and searches must meet legal requirements. If an officer lacked reasonable grounds for a station breath demand under section 320.28, the results may be challenged.
• Section 9 (arbitrary detention). A stop or detention without legal authority can taint what followed.
• Section 10(b) (right to counsel without delay). After arrest, police must tell you about your right to a lawyer and give you a real chance to speak with one. Delays, pressure to choose duty counsel, or ignoring your request can be serious breaches.

Where a breach is found, the court decides under section 24(2) and the framework in R. v. Grant whether the evidence should be excluded. Excluding key evidence can end a case.

Weak or inconsistent observations

Because the Crown often relies on an officer's opinion, cross-examination matters. Video that shows steady walking and clear speech, notes written hours later, boilerplate descriptions copied from case to case, or innocent explanations for each sign can all raise a reasonable doubt.

Identity and operation

The Crown must prove that you were the person operating the vehicle, and when. After a collision, or when police arrive at a parked car, this is not always clear.

Delay

Under R. v. Jordan, cases in the Ontario Court of Justice should generally be completed within 18 months. Unreasonable delay not caused by the defence can lead to a stay of the charge.

You can see how these issues have played out in real matters on our DUI case results page, including an impaired driving charge dismissed after misleading police testimony.

What Should You Do After an Impaired Driving Charge?

Start by protecting yourself and your options:

1. Do not discuss the facts with police, friends or on social media.
2. Write down everything you remember while it is fresh: where you were, what you drank or took and when, and what officers said.
3. Keep your paperwork, including the release document, suspension notice and impound papers, and note your first court date.
4. Speak to a Toronto drunk driving lawyer early. Some decisions, such as the reduced suspension program, have tight deadlines.

Our step-by-step guide on what to do after a DUI charge goes into more detail.

Why an Impaired Driving Lawyer in Toronto Needs Local Court Knowledge

Most impaired driving cases in the GTA are prosecuted in the Ontario Court of Justice, but where your case is heard depends on where you were stopped. Toronto charges, including those laid by the Toronto Police Service in Scarborough, North York and Etobicoke, are generally heard at the Ontario Court of Justice, Toronto Courthouse. Peel Regional Police charges from Mississauga and Brampton go to the A. Grenville and William Davis Courthouse. York Region cases from Vaughan, Markham and Richmond Hill are heard in Newmarket, Halton cases in Milton, and Durham cases in Oshawa. The OPP also lays charges on 400-series highways such as the 401, 400, 404 and QEW.

Each courthouse has its own pace, procedures and Crown practices, which is one reason it helps to have a drinking and driving lawyer who works in these courts regularly. Knowing how a particular court runs helps us plan disclosure requests, pretrial meetings and trial strategy. If you have been charged, contact our team for a free consultation and a clear plan for your next step.