Key Issues in Ontario
The overview below is general legal information. A lawyer must assess the evidence, current law and procedural history of your specific matter.
Criminal impaired-operation offences
The Criminal Code addresses operating a conveyance while impaired by alcohol or drugs, prohibited concentrations within prescribed periods, and failure or refusal to comply with a lawful demand.
What is “over 80”?
Section 320.14(1)(b) generally addresses a blood alcohol concentration of 80 mg or more per 100 mL of blood within two hours after operating, subject to statutory exceptions.
Possible consequences
A conviction can result in fines, a driving prohibition and, depending on circumstances and history, imprisonment. Ontario may also impose immediate administrative licence suspensions or other provincial consequences.
How a defence is assessed
Counsel may examine the traffic stop, police notes, breath or blood testing, timing, legal demands, disclosure and potential Charter issues. No specific defence or outcome can be guaranteed.
Two Systems at Once
An impaired charge triggers both provincial consequences under Ontario’s Highway Traffic Act, such as the immediate administrative licence suspension and vehicle impoundment, and the criminal case itself. On a conviction you face a court-ordered driving prohibition, which may be shortened by entering the ignition interlock program, plus higher insurance and possible travel issues.
How We Build Your Defence
Every defence starts with your disclosure. These are the issues we look at closely:
- Lawfulness of the stop and the demand
- Whether the screening device and approved instrument were used and maintained properly
- Timing and accuracy of the breath or blood samples
- Right to counsel: whether you were told of it and given the chance to use it
- Disclosure, including video, maintenance records, and officer notes
- Reasonable excuse on a refusal charge
Common Questions
Can I still drive after a charge?
Not during the roadside suspension. After it ends, you may be able to drive until the case is decided, unless a release condition or later conviction says otherwise.
Is a first offence a criminal record?
Yes. A conviction for impaired, over 80, or refusal is a criminal conviction, which is why the details of the investigation deserve a careful review.
Should I just plead guilty to get it over with?
Not before your disclosure has been reviewed. Many impaired cases turn on technical and Charter issues that are only visible in the evidence.
This page is general information about criminal law in Ontario, not legal advice. Every case turns on its own facts. Book a free consultation to talk about yours.