Impaired Driving Charges in Ontario: Laws, Penalties, and Defence Options
Being charged with impaired driving in Ontario is a stressful and often overwhelming experience. For many people, it may be their first encounter with the criminal justice system, and the uncertainty of what lies ahead can feel frightening. Beyond the immediate concern of fines or license suspensions, an impaired driving conviction can affect your reputation, employment, and even your ability to travel.
At Everstone Law Professional Corporation, we work with clients facing these difficult situations every day. Our role is not only to defend your rights in court but also to guide you through the process with clarity and compassion. Understanding how the law works and what options may be available is the first step toward regaining control of your future.
What Counts as Impaired Driving?
Impaired driving in Ontario covers more than just being “over the legal limit.” You can be charged if an officer believes your ability to drive is affected by alcohol, drugs, or a combination of both, regardless of your exact blood alcohol concentration (BAC).
For alcohol-related cases, the legal limit is set at 0.08 BAC. However, penalties can also apply to drivers who fall into the “warn range” of 0.05 to 0.079, where roadside suspensions and fines may be issued even without a criminal charge. When it comes to drugs such as cannabis, Ontario enforces strict zero-tolerance rules for young, novice, and commercial drivers. And when alcohol and drugs are combined, the consequences are particularly harsh because of the heightened risk to public safety.
You can read more about how criminal charges are handled by visiting our criminal law services page.
Penalties and Consequences
The penalties for impaired driving vary depending on whether it is your first offence or if you have prior convictions. For first-time offenders, the process often begins with an immediate roadside license suspension, a fine, and the requirement to complete an education or treatment program. If the matter results in a conviction, an ignition interlock device may also be required in your vehicle.
Repeat offences lead to progressively harsher punishments, including mandatory jail time and much longer suspensions. A third conviction almost always results in a lengthy jail sentence and indefinite suspension of your license.
What many people do not realize is that the impact of a conviction extends far beyond the courtroom. Insurance premiums can skyrocket, sometimes making driving financially impossible. Careers that require driving may be put at risk, and professional licensing bodies may also view a conviction unfavourably. International travel, particularly to the United States, becomes complicated or even impossible with a criminal record.
These ripple effects highlight why it is so important to approach an impaired driving charge with the seriousness it deserves.
Defence Options
While the consequences of impaired driving are severe, being charged does not necessarily mean you will be convicted. Every case has its own unique facts, and there are often avenues to challenge the evidence.
One of the first things a lawyer will consider is whether the police had a legal reason to stop your vehicle. If the stop itself was not lawful, the evidence gathered afterward may not be admissible in court. Similarly, strict rules govern how roadside screening devices, breathalyzers, and blood tests must be conducted. If there are errors in the timing, procedure, or maintenance of these devices, their results may be challenged.
In addition, your rights under the Canadian Charter of Rights and Freedoms must always be respected. If you were denied the opportunity to speak with a lawyer, or if the police did not follow correct procedures, these violations can significantly affect the outcome of your case.
At Everstone Law Professional Corporation, we carefully review every detail to determine which defences are available and how they can be used to strengthen your case.
Why Legal Representation Matters
An impaired driving charge is unlike a routine traffic ticket. It is a criminal matter with potentially life-changing consequences. Without skilled representation, individuals often underestimate the strength of the Crown’s case or fail to identify procedural errors that could have led to a dismissal.
A knowledgeable defence lawyer will not only scrutinize the evidence but also negotiate with the prosecution to explore alternatives to conviction. In some cases, this could mean reduced charges, lighter penalties, or even withdrawal of the case. Just as importantly, having someone in your corner who understands the process can give you peace of mind during an otherwise stressful time.
At Everstone Law, our approach combines legal skill with compassion. We know how daunting this situation can be, and our goal is to protect your rights while helping you move forward with confidence.
Taking Action After a Charge
If you have been charged with impaired driving, the steps you take immediately can have a significant impact on your case. It is always best to remain calm and avoid making statements that could later be used against you. Politely asserting your right to remain silent and requesting to speak with a lawyer are important safeguards.
As soon as possible, you should document everything you remember about the stop and the testing process. Details such as the time you were pulled over, what the officer said, and how tests were conducted may prove crucial later on. Most importantly, you should seek legal advice quickly rather than waiting until your first court date. The earlier your defence is built, the stronger it is likely to be.
We encourage you to contact us today so we can begin reviewing your case right away.
Why Choose Everstone Law
Our firm has extensive experience defending impaired driving charges in Ontario. We know how the courts handle these matters, and we understand the tactics the Crown may use. More importantly, we are committed to tailoring our strategies to each client’s unique circumstances.
By choosing Everstone Law, you are not only hiring legal representation—you are gaining a partner who will stand by your side throughout the process. Whether it’s fighting for your rights in the courtroom, negotiating for reduced penalties, or simply answering your questions along the way, we are here to help.
If you or a loved one has been charged, book a consultation to discuss your options.
Final Thoughts
An impaired driving charge can feel like the end of the road, but it does not have to define your future. With the right legal defence, there are ways to challenge the evidence, protect your rights, and minimize the long-term consequences.
At Everstone Law Professional Corporation, we are committed to standing up for our clients and ensuring they receive the best possible defence. Don’t wait until your options are limited—seek legal advice now and take control of your case.
Contact us today or email us directly at inderpadda@everstonelaw.ca to speak with an experienced criminal defence lawyer.
Your future is too important to leave to chance—let us fight for you.