Impaired Driving Defence Centre
DUI Conviction Penalties in ONTARIO – Understanding the Consequences
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IMPAIRED DRIVING CHARGES
If you are facing a DUI charge for the first time, it is natural to feel anxious, uncertain, and worried about the future. For many, this is their first encounter with the justice system, and the potential consequences are far more serious than they expect. Even without a criminal record, a conviction can disrupt your career, damage your reputation, and bring financial and personal challenges that last for years. This is not the time to rely on your own research or hope for the best — you need an experienced, strategic partner on your side.
With over 23 years of courtroom experience, our practice is dedicated to defending DUI and impaired driving charges with a trial-first mindset. This means we prepare every case as though it may go to trial, building a strong defence from the outset. In most cases, this reputation for thorough preparation allows us to resolve matters without a criminal record, often through reduced non-criminal charges. We understand the high stakes and the need for discretion, and we combine strategic legal analysis with an awareness of how these cases affect every aspect of your life. From the moment you contact us, you work directly with the same dedicated team, ensuring continuity, trust, and clear communication. Call today to arrange a confidential consultation and learn how we can help safeguard your future.
CRIMINAL CODE AND HIGHWAY TRAFFIC ACT PENALTIES IF CONVICTED
1
FIRST OFFENCE
- Minimum $1,000 fine plus a 30% victim fine surcharge
- 12-month driving prohibition; subject to MTO stream “A” (3 month no driving, 9 months interlock) or stream “B” (6 months no driving, 12 months ignition interlock); prohibitions cover ALL motor vehicles, not just those requiring a driver’s license; this includes ebikes, golf carts, etc.
- Immediate 90 day roadside licence suspension at the time of charge; mandatory roadside vehicle impoundment of at least 7 days
- Mandatory Back on Track program before reinstatement
- Mandatory ignition interlock installation for a set period before you can drive normally again
2
SECOND OFFENCE
- Minimum 30 days in jail (potentially on weekends)
- Multi-year driving prohibition to be set by the judge; prohibitions cover ALL motor vehicles, not just those requiring a driver’s license; this includes ebikes, golf carts, etc.
- Mandatory Back on Track program before reinstatement
- MTO will suspend your license between 18 months and 3 years followed by interlock of 18 months or 3 years
- Immediate 90 day roadside licence suspension at the time of charge; mandatory roadside vehicle impoundment of at least 7 days
3
THIRD AND SUBSEQUENT
- Minimum 120 days in jail, weekends not available
- Multi-year prohibition to be determined by the judge; prohibitions cover ALL motor vehicles, not just those requiring a driver’s license; this includes ebikes, golf carts, etc.
- Lifetime suspension from the Ministry of Transportation (on 3rd offence, possible reinstatement after 10 years if no further offences or serious infractions, 4th offence reinstatement is NEVER possible)
- Ignition interlock for 6 years if reinstated
- Mandatory Back on Track program before reinstatement
- Immediate 90 day roadside licence suspension at the time of charge; mandatory roadside vehicle impoundment of at least 7 days
What is the penalty for a first DUI offence in Ontario?
A first impaired driving conviction in Ontario carries a minimum $1,000 fine plus a 30% victim fine surcharge, a 12-month driving prohibition, an immediate 90-day roadside licence suspension at the time of charge, and a mandatory roadside vehicle impoundment of at least 7 days. Depending on eligibility, a person may begin driving either three or six months into their prohibition provided they complete Back on Track, pay their fine in full, and install an ignition interlock. They will be required to use that ignition interlock for at least nine months, depending on the requirements of the Ministry of Transportation.
What is the penalty for a second DUI offence in Ontario?
A second conviction carries a minimum of 30 days in jail and a driving prohibition set by the judge. In addition, the Ministry of Transportation will suspend your license for either 9 months or 36 months and require ignition interlock for 18 months or 36 months, depending on whether or not the accused person pleads guilty in the first 90 days. With rapid legal advice, we can sometimes avoid jail time, have it served intermittently on weekends, or even at home on house arrest. Further, it is important to move quickly to reduce the 3 years suspension down to 9 months. Do not wait and try and represent yourself as strict time limits that you are not likely aware of can affect your future.
What is the penalty for a third DUI offence in Ontario?
A third conviction carries a minimum of 120 days in jail, a multi-year prohibition set by the judge, and a lifetime licence suspension from the Ministry of Transportation, with possible reinstatement after 10 years and a 6-year ignition interlock if reinstated.
With serious penalties on the line, you owe it to yourself to get proper legal advice and build a strong defence.
Call now 1-877-497-3927
Schedule a FREE assessment
AVERAGE COST OF AN IMPAIRED DRIVING CONVICTION
MONETARY
- Fines
- Harsh increases in insurance up to at least $9000 per year
- Expensive impound fees
- Legal fees
- Interlock fees
- Back on track fees ($900)
- Reinstatement fees ($900)
CRIMINAL
- Criminal record
- Criminal penalties as described above
TRAVEL
- Potential travel ban to the US and other countries
EMPLOYMENT
- This is a criminal record that will show up on background checks
- It can also affect people who are members of regulated professions, like doctors, realtors and lawyers who are required to report contacts with the criminal justice system.
CRIMINAL CODE IN CANADA
For many drivers, a roadside stop is stressful enough. When a police officer makes a demand for a breath sample, that stress can quickly turn into uncertainty. Some people hesitate. Others refuse outright, believing it might protect them from a charge. Some people pretend to blow, thinking that if they....
If you’ve been charged with impaired driving involving prescription drugs, you may feel blindsided. You were taking medication your doctor prescribed. You felt fine to drive. And yet here you are. It’s a situation more Ontarians are facing, and it raises an important legal question that many people don’t know....
If you are facing with criminal charges, or know someone who is, don’t hesitate!
Call now 1-877-497-3927
Schedule a FREE assessment
TIPS TO REMEMBER FOR AVOIDING DUI CHARGES IN ONTARIO
- Plan Ahead: Arrange a safe ride home before drinking or using cannabis.
- Check Your Medications: Some prescription and over-the-counter drugs can impair your ability to drive. Ask your doctor or pharmacist about potential effects.
- Read Labels Carefully: Many medications include warnings about drowsiness or slowed reaction time.
- Avoid Mixing Substances: Combining alcohol with drugs, including cannabis, can intensify impairment.
- Understand the Impact of Fatigue: While driving while fatigued is not usually a criminal offence by itself, in certain circumstances it can support a dangerous driving or criminal negligence charge if there is an accident. Fatigue can also cause poor performance on sobriety tests, potentially leading to a DUI arrest and other legal consequences.
- Understanding Police Powers at the Roadside: Police have a variety of tools to determine whether you can be arrested for a DUI-related offence at the roadside. If you are the subject of a lawful demand to perform a test, whether a Standard Field Sobriety Test (walk and turn, horizontal gaze nystagmus, or one leg stand) or to provide a sample into an Approved Screening Device, you must cooperate and complete the test or you can be charged with refusal. However, you are not required to answer their questions. You have the right to remain silent, and you should use it.
