DUI Fines and Penalties in Ontario

You have been charged with a DUI offence in Toronto, and now you have to deal with two penalty systems: one federal, the other provincial.

The federal Criminal Code sets mandatory minimum fines, jail for repeat offences and Canada-wide driving prohibitions that take effect after a conviction. On top of that, Ontario adds its own immediate roadside suspensions, vehicle impoundments and licensing conditions, described on the province's impaired driving page.

What is a DUI and how is it prosecuted in Toronto?

Most people just call it a DUI, but in Canadian law it is known as impaired operation under the Criminal Code. A conviction results in a criminal record that follows you everywhere in Canada. That can have serious consequences for international travel and employment opportunities.

The Crown attorney decides whether to proceed by summary conviction (a quicker, less serious process) or by indictment (a more serious process with higher maximum penalties). Where no one was injured, the maximum is up to 2 years less a day on summary conviction and up to 10 years by indictment. Aggravating factors, such as bodily harm or death, make an indictment much more likely.

Federal DUI fines and penalties

DUI fines and penalties vary depending on the circumstances and whether you have any prior impaired driving convictions.

First DUI offence

A first DUI offence carries a minimum fine of $1,000, a driving prohibition of one to three years across Canada, and possible imprisonment. If your blood alcohol concentration was higher, the minimums go up:

• BAC of 80 to 119 mg: $1,000 minimum fine
• BAC of 120 to 159 mg: $1,500 minimum fine
• BAC of 160 mg or more: $2,000 minimum fine
• Refused to give a breath sample: $2,000 minimum fine

A BAC of 120 mg or more is also an aggravating factor at sentencing. Even a first DUI offence can have serious long-term consequences and affect your future for years to come.

Second DUI offence

A second DUI offence results in mandatory jail time, with a minimum 30-day sentence and a maximum of up to 10 years by indictment. The driving prohibition increases to between two and ten years.

Third or subsequent DUI offence

A third conviction means a minimum of 120 days in jail, and courts can impose much longer sentences. The driving prohibition is at least three years, with no maximum.

The judge can always go beyond the minimums. Depending on the case, a sentence may also include probation, a longer driving prohibition, treatment conditions or no-alcohol conditions.

Enhanced penalties for DUI causing bodily harm or death

Impaired driving causing bodily harm is a very serious charge, with a maximum sentence of 14 years in prison if prosecuted by indictment. Impaired driving causing death is more serious still, and the maximum sentence is life imprisonment. Custody is a real possibility in these cases, even for a first-time offender.

If you are facing charges for bodily harm or death, you need an experienced Toronto DUI lawyer on your side. These convictions have long-term consequences that can change your life.

Ontario penalties for impaired driving

Provincial consequences run separately from the criminal case, and some begin before you ever see a courtroom.

• At the roadside. Blowing over 80, refusing a demand or being found impaired after a drug evaluation brings a 90-day Administrative Driver's Licence Suspension, a 7-day vehicle impoundment and an administrative monetary penalty.
• Warn range. A reading of 50 to 79 mg brings a roadside suspension of 3, 7 or 30 days depending on prior incidents within five years. It is not a criminal offence.
• After a conviction. Ontario suspends your licence for one year for a first conviction, three years for a second and for life for a third, which may be reduced after 10 years if conditions are met.
• Getting your licence back. You must complete the Back on Track remedial program, and an ignition interlock device is a condition of reinstatement for at least one year after a first conviction.

Real-world consequences of a DUI conviction

A DUI conviction is not just about fines, jail time and driving bans. It can have a lasting impact on your life.

Common collateral consequences:

• Insurance. Premiums usually rise sharply after an impaired driving conviction, and some insurers may refuse to cover you, leaving you with costlier high-risk policies.
• Employment. Jobs that involve driving or require a police check, including many in transportation, healthcare, finance and education, can be harder to get or keep.
• US border and travel. A DUI conviction can complicate entry to the United States. Border officers have discretion, and you may be turned away or told to apply for a waiver, which takes time and is never certain.
• Professional licensing. Regulated professions such as law, medicine, nursing, accounting and teaching may review or discipline members with criminal convictions.
• Immigration status. For permanent residents and foreign nationals, impaired driving is treated as serious criminality, which can lead to inadmissibility or removal. Immigration advice is essential.
• Personal relationships and reputation. The stigma of a criminal record can strain relationships and your standing in the community.

The true cost of a DUI adds up quickly once you include an ignition interlock device, program fees, higher insurance premiums and lost income, all before the long-term effects on your career. To understand how a charge may be defended before any of these penalties apply, read our DUI defence guide.