Impaired Driving Charges in Toronto and the GTA

An impaired driving charge is daunting. Your licence, your livelihood and your family’s daily routine may all depend on how the case unfolds. This page explains what the charge involves and what the process looks like from the roadside onward.

What does “impaired driving” mean?

Police may lay an impaired driving charge when they have reason to believe any of the following:

• Alcohol or drugs impaired your ability to operate the vehicle safely.

• Within two hours of driving, your blood alcohol concentration exceeded the legal limit of 80 milligrams of alcohol per 100 millilitres of blood.

• The concentration of a drug in your blood exceeded the limit the law sets for that substance.

The offence is not limited to cars; it extends to trucks, boats and other motor vehicles.

Refusing a breath sample

Police may demand a breath sample into a handheld screening device at the roadside, or require a more formal breath test at the station. Declining, or making only a token effort, without a reasonable excuse is a separate criminal offence known as “refusal.” The law treats refusal at least as seriously as impaired driving itself, and it carries a higher minimum fine.

What is “care or control”?

A charge does not require a moving vehicle. “Care or control” refers to being in a position to set the vehicle in motion, as when someone sits in the driver’s seat with the keys within reach. The law presumes that a person occupying the driver’s seat was in control of the vehicle. That presumption can sometimes be answered, and the outcome often turns on precise details.

What happens next

• At the roadside. Ontario police can impose an immediate 90-day licence suspension and a 7-day vehicle impoundment, and the same measures apply to a refusal. A monetary penalty and a required education course follow. These provincial sanctions are entirely separate from the criminal charge.

• Your papers. Police will issue documents setting out your first court date. Store them securely, as you will need them throughout the case.

• First court date. This brief administrative appearance is not a trial. You or your lawyer will request “disclosure,” meaning the evidence gathered by police, such as video recordings, officers’ notes and test results.

• Next steps. Once disclosure is available, your lawyer reviews it with you and you decide together how to proceed. Most cases require several court appearances before they conclude.

Possible consequences

A finding of guilt carries mandatory minimum penalties: at least a fine and a driving prohibition, along with a criminal record. In Ontario, a first conviction also brings a licence suspension of at least one year, an education or treatment program and at least one year with an “ignition interlock,” a small in-car device that tests your breath before the engine will start. Second and third convictions bring substantially longer suspensions and can result in jail. Insurance premiums often rise as well. These are general outcomes; the result in any particular case depends on its facts.

Why prompt legal advice matters

Certain steps are time-sensitive. Video from a police station or a nearby business may be erased, and some programs and appeals have firm deadlines. A lawyer can also assess whether police respected your rights: whether they had lawful grounds to stop you, whether they told you of your right to speak with a lawyer and whether the tests were properly administered. Prompt advice also helps you avoid missteps that can undermine a defence, such as discussing the case on social media.

How Stephanie Heyens can help

Stephanie has spent over 25 years defending criminal charges in Ontario, both with Legal Aid Ontario and in her own practice. She explains each stage of the process clearly and takes the time to answer your questions. She appears in courts throughout the GTA, including Toronto, Brampton, Newmarket and Oshawa.

Talk to Stephanie. To discuss the circumstances of your charge, call Stephanie at 416-684-4322 or email stephanie@stephanieheyens.ca.