Being charged with impaired driving is a life-altering event. For many people, it’s their first and only encounter with the criminal justice system, and it can feel overwhelming. Understanding what happens after an impaired driving charge can help you make informed decisions, protect your rights, and prepare for what lies ahead.
This article outlines the typical legal process, key stages of a DUI case in Ontario, and the impaired driving consequences you may face if convicted.
The Initial Charge and Release
When police suspect impairment, they have the authority to conduct roadside tests, such as a breath test or physical coordination tests. If you fail you’ll be taken to the station for additional testing. If you refuse, you will be charged with Fail to Provide a Sample, which carries a minimum fine that matches as if you blew 160 or higher.
When you get to the station, you will have the option to speak to counsel, a term used for a lawyer. It is important that you take advantage of that opportunity. You may call any lawyer you want, but if you don’t know anyone, free legal aid duty counsel is available. The service is not great and often rushed, but it is better than nothing. It is important that you take the advice not to answer questions and to comply with testing procedures, but only as far as you are required to by law.
Once charged, you’ll receive a court date and be released under conditions: usually with a 90-day administrative licence suspension and vehicle impoundment for seven days. These penalties are automatic and take effect immediately, even before you appear in court. There are no exceptions for work during that suspension.
It’s important to note that this is not yet a conviction. At this stage, you still have the right to challenge the charge and the procedures used by police.
Step 1: Disclosure and Early Legal Advice
After being charged, the first formal step in the process is disclosure. The prosecution must provide copies of all the evidence they intend to rely on, including police notes, breath test results, and any video or audio recordings.
A lawyer can review this information to identify errors or gaps that may affect the case. For example, issues with how the breath samples were taken, how long you were detained, or whether your Charter rights were respected can all play a role in your defence.
Early legal advice is crucial. Many of the impaired driving consequences can be reduced or avoided entirely if your rights were breached or the evidence was improperly gathered.
Step 2: First Court Appearance
Your first appearance is not a trial. It’s an opportunity to confirm that you understand the charge and to set a timeline for next steps. If you have a lawyer, they can appear on your behalf.
At this stage, you’ll typically be asked whether you intend to plead guilty or not guilty. Pleading guilty immediately may seem like the quickest way to move on, but it often carries serious and lasting consequences. Discussing your options with a lawyer first can ensure you fully understand the impact.
Step 3: Pre-Trial Discussions and Motions
Before a case proceeds to trial, there may be pre-trial meetings between your lawyer and the Crown prosecutor. These discussions can explore whether the charge can be reduced, whether certain evidence may be inadmissible, or if alternative resolutions are possible.
If there are constitutional or procedural issues, your lawyer may bring motions to exclude evidence or have the charge dismissed. Many impaired driving charge cases are resolved at this stage – without a full trial – through careful negotiation and strong legal argument.
Step 4: The Trial
If no resolution is reached, the matter proceeds to trial. The Crown must prove beyond a reasonable doubt that you were impaired or had a blood alcohol concentration over the legal limit while in care and control of a vehicle.
Your lawyer can cross-examine witnesses, challenge the reliability of the breath test equipment, and raise issues about how the investigation was handled. The goal is not to promise a result, but to ensure every element of the case is tested fairly and thoroughly.
Past results do not guarantee future outcomes. Every case turns on its specific facts.
Immediate and Long-Term Consequences
A conviction for an impaired driving charge in Ontario triggers mandatory penalties. For a first offence, you can expect:
- A minimum $1,000 fine.
- A one-year licence suspension.
- Mandatory participation in the Back on Track program.
- Ignition interlock device use for at least one year once your driving privileges are reinstated.
- A criminal record, which can affect employment, travel, and professional licensing.
For second or subsequent offences, the penalties become more severe, including jail time and extended licence suspensions.
The impaired driving consequences don’t end there. You may also face:
- Higher insurance premiums or difficulty obtaining coverage.
- Employment limitations, especially if your work involves driving or background checks.
- Travel restrictions, as a criminal record can make entering certain countries, including the United States, difficult or impossible.
- Personal and social impacts, from strained relationships to lost community standing.
What You Can Do After Being Charged
If you’ve been charged, taking proactive steps right away can help you regain control of the situation:
- Seek legal advice immediately. Do not wait until your court date — early intervention can affect the outcome.
- Document everything. Make detailed notes about the events leading up to your arrest, including what officers said and did.
- Follow all release conditions. Breaching them can add new charges.
- Stay informed. Understanding the process helps you make decisions from a position of confidence, not fear.
The right legal approach focuses on both protecting your rights and managing the broader consequences for your life.
Moving Forward After an Impaired Driving Charge
An impaired driving charge is serious, but it doesn’t define who you are. The process may feel intimidating, but with clear guidance and an understanding of the steps involved, it’s possible to move forward with purpose and perspective.
The impaired driving consequences are significant, from fines and licence suspensions to a lasting criminal record, yet every case turns on its facts. A thoughtful, strategic defence can make a difference in how your matter is resolved.
If you’ve been charged with impaired driving, confidential consultations are available to discuss your specific situation and next steps.
