Legally reviewed by Khaqan Majoka, lawyer and founder of Majoka Law, Woodbridge, Ontario. Penalties verified against Ontario.ca and the Criminal Code as of November 2026. This article is general information, not legal advice.
It was a work holiday party, a wedding, or two drinks after a hockey game. Then the RIDE check, the roadside breath test, and now your licence is gone, your car is on a tow truck and you are holding papers with a court date. You have never been in trouble before.
If this is your first impaired driving charge in Ontario, you probably have three questions: what penalties am I facing, can I still drive to work, and what should I do right now? This guide explains both layers of consequences (immediate provincial penalties and the criminal case), the real costs, and the steps that protect you.
Short answer
A first-time charge for blowing 0.08 or more, refusing a test, or failing a drug evaluation brings immediate Ontario penalties: a 90-day licence suspension, 7-day vehicle impoundment, $550 penalty and a mandatory education program, before any trial. If you are later convicted, you face a criminal record, a minimum $1,000 fine (higher for high blood alcohol or refusal), a driving prohibition of at least one year, an ignition interlock requirement and much higher insurance. A charge is not a conviction: speak to a criminal defence lawyer before your first court date.
In this guide:
- What counts as impaired driving in Canada
- Immediate roadside penalties in Ontario
- Criminal Code penalties if convicted
- Ontario licence consequences after conviction
- The real cost of a first offence
- Record, immigration, travel and work
- Possible defences
- What to do in the first 30 days
- FAQs
What Counts as Impaired Driving in Canada?
Impaired driving offences are in Part VIII.1 of the Criminal Code. The most common charges are:
- Impaired operation: your ability to drive was impaired to any degree by alcohol, drugs or both.
- “Over 80”: a blood alcohol concentration (BAC) of 80 mg or more of alcohol per 100 mL of blood within two hours of driving.
- Drug-related offences: prescribed blood drug levels, for example for THC, or a combination of alcohol and drugs.
- Failure or refusal to comply with a lawful demand for a breath, blood or drug test.
Since 2018, police can demand a roadside breath sample from any driver they lawfully stop, even without suspecting you have been drinking (“mandatory alcohol screening”). Refusing is a separate criminal offence with penalties as serious as failing.
Immediate Roadside Penalties in Ontario (Before Any Conviction)
These are administrative penalties under Ontario’s Highway Traffic Act. They apply right away, whether or not you are later convicted. According to Ontario.ca (updated June 30, 2026):
| Situation (first time) | Immediate penalties |
|---|---|
| BAC 0.08 or more, refusal, or poor performance on a Drug Recognition Expert evaluation | 90-day licence suspension, 7-day vehicle impoundment, 8-hour education course, $550 penalty |
| “Warn range” BAC 0.05 to 0.079, or failing the Standard Field Sobriety Test | 7-day licence suspension, 8-hour education course, $250 penalty |
| Young or novice driver (21 or under, or G1, G2, M1, M2) with any alcohol or drugs | 7-day licence suspension, 8-hour education course, $250 penalty; if convicted, a $60 to $1,000 fine and possible further suspension or cancellation |
A licence reinstatement fee applies every time your licence is suspended, and you pay towing and storage for the impounded vehicle. Ontario does not offer a “work licence” during the 90-day suspension. Driving while suspended leads to new charges.
Repeat roadside suspensions carry longer suspensions and treatment programs, and a third occurrence adds an ignition interlock condition.
Criminal Code Penalties If Convicted of a First Offence
Impaired driving offences are hybrid: the Crown can proceed summarily or by indictment. For a first offence under section 320.19:
| First offence | Mandatory minimum |
|---|---|
| Impaired or over 80 (BAC 80 to 119 mg) | $1,000 fine |
| Over 80 with BAC 120 to 159 mg | $1,500 fine |
| Over 80 with BAC 160 mg or more | $2,000 fine |
| Refusal or failure to comply with a demand | $2,000 fine |
| All of the above | Driving prohibition of at least 1 year (up to 3 years) across Canada |
Maximums: on summary conviction, a fine of up to $5,000 and/or up to two years less a day in jail; on indictment, up to 10 years in prison. Jail is uncommon for a straightforward first offence without aggravating factors, but a criminal record is automatic on conviction; discharges are generally not available for these offences. Aggravating factors such as a very high BAC, a child passenger, a collision or causing injury lead to much harsher sentences.
Ontario Licence Consequences After a Criminal Conviction
On top of the court’s driving prohibition, Ontario imposes its own consequences for a first criminal conviction:
- a licence suspension of at least one year;
- a mandatory education or treatment program (Back on Track);
- an ignition interlock device for at least one year after reinstatement; and
- a minimum six-month condition afterwards requiring zero alcohol and drugs while driving.
Ontario’s Reduced Suspension with Ignition Interlock program may allow some eligible first offenders to shorten the suspension by installing an interlock early. Eligibility depends on factors such as how quickly the case is resolved and the circumstances of the offence, so get advice before your first court date if you want to keep this option open.
The Real Cost of a First Impaired Driving Offence
Most people underestimate the total. Typical costs include:
- Roadside penalty ($550) and licence reinstatement fees
- Towing and 7 days of impound storage
- Back on Track education or treatment program fees
- Criminal fine ($1,000 to $2,000+ minimum) plus the victim fine surcharge
- Ignition interlock installation and monthly monitoring for at least a year
- Insurance: a conviction is a serious offence for insurers, often leading to sharply higher premiums or high-risk coverage for several years
- Lost income if you drive for work or cannot commute
- Legal fees
Criminal Record, Immigration, Travel and Work
- Criminal record: it can appear on background checks for years. A record suspension (pardon) is only available after a waiting period.
- Immigration: because the maximum sentence is 10 years, impaired driving is treated as “serious criminality” under Canadian immigration law. Permanent residents, work permit holders, students and visitors can face inadmissibility or removal proceedings. If you are not a Canadian citizen, get advice before entering any plea.
- Travel: a conviction can cause problems entering other countries, including the United States.
- Employment: jobs that require driving, professional licences or security clearance can be affected.
Possible Defences to an Impaired Driving Charge
Every case turns on its facts and the disclosure, but common issues a defence lawyer will examine include:
- whether the stop and the breath demand were lawful;
- whether police had reasonable grounds for an arrest or an approved instrument demand;
- whether your right to counsel under section 10(b) of the Charter was respected;
- whether breath samples were taken properly and on time, and the instrument was approved and maintained;
- whether evidence of impairment is reliable (fatigue, medical conditions, nerves and weather can mimic signs of impairment);
- whether you were actually in care or control of the vehicle; and
- delay in bringing the case to trial.
Sometimes the Crown will consider resolving a case on a lesser charge, depending on the evidence and your circumstances. No outcome can be guaranteed, but early advice gives you the most options.
What to Do in the First 30 Days After a Charge
- Do not drive during the 90-day suspension, and arrange transport to work.
- Read your release papers (undertaking or appearance notice) and follow every condition. Note the courthouse, date and time.
- Write down everything you remember: what you ate and drank, times, where you were stopped, what police said, when you spoke to a lawyer.
- Do not discuss the case on social media or with anyone except your lawyer.
- Speak to a criminal defence lawyer before your first appearance. Many first appearances can be done by Zoom. See our guide to your first criminal court appearance in Ontario and the Zoom links for Newmarket, Toronto and Brampton.
- Do not plead guilty at your first appearance without advice. Get disclosure first.
- If you are not a Canadian citizen, get both criminal and immigration advice before making any decision.
Parents, note: a charge can also come up in family court, for example in parenting time disputes or travel consent issues. See travelling with your child after separation and how child support works if your income drops.
Charged with impaired driving, over 80 or refusal? Our criminal defence team in Woodbridge represents clients across York Region, Toronto and Peel. Learn about our criminal defence services or call +1 416-529-2600 for a free, confidential consultation.
Frequently Asked Questions
What is the penalty for a first impaired driving offence in Ontario?
Immediately: a 90-day licence suspension, 7-day vehicle impoundment, $550 penalty and an education program. If convicted: a criminal record, a minimum $1,000 fine (more for high BAC or refusal), a driving prohibition of at least one year, an Ontario licence suspension of at least one year, a mandatory program and an ignition interlock for at least a year.
Will I go to jail for a first-time impaired driving charge in Ontario?
Jail is not mandatory for a first offence and is uncommon in straightforward cases, but it is possible where there are aggravating factors such as a very high blood alcohol level, a collision, injury or a child in the vehicle.
Can I drive to work during the 90-day suspension?
No. Ontario does not issue hardship or work licences during the 90-day administrative suspension. Driving while suspended leads to further charges and penalties.
Is refusing a breathalyzer better than blowing over?
No. Refusing a lawful demand is a separate criminal offence with a $2,000 minimum fine for a first offence, the same driving prohibition and the same immediate 90-day suspension and impoundment in Ontario.
Can a first impaired driving charge be reduced or withdrawn?
Sometimes. Depending on the evidence, Charter issues and your circumstances, charges may be withdrawn, resolved on a lesser offence or defended at trial. A lawyer needs to review disclosure before you can know your options.
How long does an impaired driving conviction stay on my record?
A criminal conviction stays on your record until you obtain a record suspension, which is only available after a waiting period following completion of your sentence. It also remains on your driving record and affects insurance for years.
Does an impaired driving charge affect permanent residents?
Yes. Impaired driving is considered serious criminality for immigration purposes, so a conviction can make a permanent resident or temporary resident inadmissible to Canada. Get immigration advice before any plea.
Disclaimer: This article provides general information about Ontario and Canadian criminal and traffic law and is not legal advice. Penalties and programs change; confirm current rules on Ontario.ca and speak with a criminal defence lawyer about your situation.
