Charged with impaired or dangerous driving in Ontario?

Impaired driving and over 80 are Criminal Code offences, not traffic tickets, and s.320.14(1) sets out four ways to commit them:

• (a) Impaired: your ability to operate was impaired to any degree by alcohol, a drug, or both.
• (b) Over 80: within two hours after you stopped operating, your blood alcohol concentration was 80 mg of alcohol in 100 mL of blood or more.
• (c) Drug level: within two hours, your blood drug concentration was at or over the prescribed level.
• (d) Alcohol and drug combined: within two hours, your combined alcohol and drug concentrations were at or over the prescribed levels.

The charge covers more than driving. Under s.320.11, a conveyance means a motor vehicle, a vessel, an aircraft or railway equipment. For a motor vehicle, operate means to drive it or to have care or control of it, so a charge can rest on care or control rather than on driving.

More serious versions sit in the same section. Section 320.14(2) is impaired operation causing bodily harm, and s.320.14(3) is impaired operation causing death. Section 320.14(4) is a lower offence for a blood drug concentration at or over the prescribed level but below the s.320.14(1)(c) level.

Refusing a demand is a separate offence. Under s.320.15(1), you commit an offence if you know a demand was made under s.320.27 or s.320.28 and you fail or refuse to comply without a reasonable excuse. Sections 320.15(2) and (3) are more serious versions for someone who knows, or is reckless about whether, they were involved in an accident that caused bodily harm or death.

Dangerous driving is its own offence under s.320.13 and has a separate section below. If you were charged with careless driving under the Highway Traffic Act, not a Criminal Code offence, see whether careless driving leaves a criminal record.

A criminal defence lawyer should defend an impaired, over 80 or refusal charge, because the Criminal Code limits when anyone else may appear for you. Under s.802.1, as a general rule, a defendant may not appear by an agent, or have an agent examine or cross-examine witnesses, if the defendant faces more than six months' imprisonment on summary conviction. The listed exceptions are for an organization, for asking for an adjournment, and for an agent authorized under a program or criteria approved by the province. Impaired operation, over 80 and refusal under s.320.14(1) and s.320.15(1) carry up to two years less a day on summary conviction (s.320.19(1)(b)), well above the six-month line.

Whatever that rule allows, Danil's practice is not to take any Criminal Code charge, including dangerous driving. If you call about one of these charges, Danil will not act on it, appear for you or review your disclosure. The call lets Danil hear what you have been charged with so he can give you the names of criminal defence lawyers. The referral box at the top of this page explains how that works and the fee Danil may receive.

Before you hire anyone, check their licence in the Law Society of Ontario's Lawyer and Paralegal Directory. The directory shows whether the person holds a lawyer's licence or a paralegal's licence. The guide lawyer or paralegal for a traffic ticket explains where the line between the two licences sits.

The over-80 limit is set in the Criminal Code itself: a blood alcohol concentration of 80 mg of alcohol in 100 mL of blood or more, within two hours after you stopped operating (s.320.14(1)(b)). Drug limits come from the Blood Drug Concentration Regulations, SOR/2018-148.

Impaired operation, over 80 and refusal (s.320.14(1) and s.320.15(1)) are hybrid offences, so they can be prosecuted by indictment or by summary conviction (s.320.19(1)). On indictment the maximum is 10 years. On summary conviction the maximum is a $5,000 fine, two years less a day in jail, or both. The minimum punishments are the same either way.

Repeat offences carry jail minimums. Under s.320.19(1), a second offence carries at least 30 days in jail and each later offence carries at least 120 days.

A driving prohibition is mandatory for s.320.14(1) and s.320.15(1) (s.320.24). The court must prohibit you from driving for 1 to 3 years on a first offence, 2 to 10 years on a second, and at least 3 years for each later offence. Any prison sentence is added to the prohibition. For the lower THC offence under s.320.14(4), the prohibition is at most one year (s.320.24(3)).

Section 320.22 lists aggravating factors a sentencing court considers. They include a blood alcohol concentration of 120 mg or more, a passenger under 16, racing or a contest of speed, harm or death to more than one person, being paid to operate, operating a large motor vehicle, and operating when not permitted to. Ontario's Ministry of Transportation lists a criminal record among the consequences of an impaired driving conviction.

Section 320.23 offers one route around the minimums. With the consent of both the prosecutor and the offender, the court may delay sentencing so the offender can attend a treatment program approved by the province. The route applies to s.320.14(1) and s.320.15(1). If the program is completed, the court does not have to impose the minimum punishment or the s.320.24 prohibition, but it cannot grant a discharge under s.730. While sentencing is delayed, the court must make a pre-sentence driving prohibition order.

Impaired or dangerous operation causing bodily harm, and refusal where the driver knew, or was reckless about whether, they were in an accident causing bodily harm, are hybrid offences under s.320.2 (which also covers s.320.16(2)). The provisions are s.320.13(2), 320.14(2) and 320.15(2). On indictment the maximum is 14 years. On summary conviction the maximum is a $5,000 fine, two years less a day in jail, or both. The minimums of $1,000 for a first offence, 30 days for a second and 120 days for each later offence apply either way.

The same offences causing death (s.320.13(3), 320.14(3) and 320.15(3), where for refusal the driver knew, or was reckless about whether, they were in an accident causing death) are indictable only under s.320.21, which also covers s.320.16(3). The maximum is life imprisonment, with the same minimums.

Ontario adds its own licence consequence. Since January 1, 2026, Highway Traffic Act s.41.0.1 has suspended the licence of anyone convicted of impaired operation causing death under s.320.14(3) indefinitely, subject to early reinstatement under s.57. Ontario.ca describes this as a lifetime suspension that may be reduced after 25 years if criteria are met, with at least 6 years of ignition interlock.

Ontario suspends the licence at the roadside, separately from the criminal charge. Under Highway Traffic Act s.48.3, a blood alcohol concentration of 80 mg or more, or a failure or refusal to comply with a demand under Criminal Code s.320.27 or 320.28, brings a 90-day licence suspension. Under s.48.3.1, the same 90 days follow a drug evaluation under s.320.28(2) where the officer reasonably believes you were impaired by a drug, or by a drug and alcohol. Under s.48.4, the vehicle is impounded for 7 days at the owner's cost and risk.

For a s.48.3 suspension you have no right to be heard before it takes effect (s.48.3(3.1)). There is no appeal from, or right to be heard before, the impoundment (s.48.4(13)). The roadside suspension is not an alternative to other proceedings (s.48.3(10)), so the criminal charge goes ahead separately. The 90 days run concurrently with any conviction suspension under s.41 (s.41(3.1)).

Ontario.ca sets out the roadside sanctions for a reading of 0.08 or more, a failed or refused demand, or a poor drug recognition evaluation:

• First time: immediate 90-day suspension, 7-day impoundment, an 8-hour education course and a $550 penalty.
• Second time: the same, with a 16-hour treatment program in place of the course.
• Third time: the same as the second time, plus a 6-month ignition interlock condition.

The $550 penalty applies every time, and so does a reinstatement fee, currently $281.

A lower reading brings a lighter suspension under HTA s.48, known as the warn range. The warn range covers a reading of 0.05 to 0.079 or a failed standardized field sobriety test. Ontario.ca lists the sanctions:

• First time: 7-day suspension, 8-hour course and a $250 penalty.
• Second time: 14-day suspension, 16-hour program and $350.
• Third time: 30-day suspension, 16-hour program, 6-month interlock and $450.

These periods took effect on January 1, 2026 (s.48(14)). Suspensions more than 10 years old are not counted (s.48(15)). You can ask for a second analysis (s.48(6)), but there is no appeal or right to be heard (s.48(9)).

In the first days after an impaired charge, a driver can plan for the 90-day suspension and 7-day impound, check whether a narrow Licence Appeal Tribunal appeal applies, and speak to a criminal defence lawyer.

1. Treat the licence as gone for 90 days. The roadside suspension is immediate and does not wait for court. For a s.48.3 suspension (a reading of 80 mg or more, or a failed or refused demand), no hearing comes first (HTA s.48.3(3.1)).
2. Plan for the impound bill. The vehicle stays impounded for 7 days, and the facility does not have to release it until the costs are paid (s.48.4(14)). Impound costs are a debt owed jointly and severally by the owner and the driver (s.48.4(16)). If you were driving someone else's car, the owner and you can each be held responsible for the full amount.
3. Check whether a Licence Appeal Tribunal appeal fits your facts. A s.48.3 or s.48.3.1 suspension can be appealed to the Licence Appeal Tribunal under HTA s.50.1, but only on narrow grounds. For a s.48.3 suspension (a reading of 80 mg or more, or a failed or refused demand), the only grounds are mistaken identity, or that you failed or refused the demand because of a medical reason. For a s.48.3.1 suspension after a drug evaluation, the grounds are mistaken identity, or that you were not impaired by a drug and a medical condition affected the evaluation. No ground allows a challenge to an over-80 reading.
   • You must file written material (s.50.1(3)), and the filing fee is $106 per licence, non-refundable.
   • The burden is on you, on a balance of probabilities. The Tribunal's information sheet says that in almost all cases a signed doctor's report is needed, linking the condition to the failure, refusal or evaluation.
   • The suspension is not paused while the appeal runs (s.50.1(7)), and the Tribunal's decision is final (s.50.1(6)).
   • The Tribunal says these appeals typically reach a first hearing event 13 days after the appeal is complete, with a decision within 20 days of the hearing.
   • The Tribunal also says most appeals must be filed within a time period, and s.50.1 does not state one. Contact the Tribunal promptly rather than assume you have time.
4. Speak to a criminal defence lawyer early. The early weeks affect your licence. Ontario's reduced-suspension program gives its shortest route (Stream A) only to a first offender who pleads guilty and is sentenced within 90 days. Whether to plead guilty is a decision to make with a criminal defence lawyer who knows your case. The program's 90-day timing is one factor a criminal defence lawyer can weigh with you.
5. Book the free 15-minute call if you want names. On the call, Danil will ask what you have been charged with so he can refer you to criminal defence lawyers, normally at least two. He will not advise on or defend the charge, and he may receive a referral fee, as described at the top of this page.

A conviction brings two separate driving consequences. The first is the court's Criminal Code prohibition under s.320.24. The second is Ontario's licence suspension under Highway Traffic Act s.41. A conviction under s.320.14 or s.320.15 (s.41(1)(c)), or under s.320.13, 320.16 or 320.17 (s.41(1)(b)), suspends an Ontario licence for:

• 1 year on a first conviction;
• 3 years on a second; and
• indefinitely on a third or later conviction.

A later conviction more than 10 years after the previous one is not counted as a repeat (s.41(3)). The suspension continues until any required conduct review program is completed (s.41(4.1)). A discharge under Criminal Code s.730 is treated as a conviction for these purposes (s.41(5)).

Back on Track is mandatory for drivers convicted of impaired, driving-related Criminal Code offences. The licence stays suspended until its remedial requirements are complete, and the remedial measures program takes up to 11 months.

After the interlock period, ontario.ca says a 'P' condition of zero alcohol and zero drugs applies for at least 6 months after a first conviction. It also applies after a second and a third.

The interlock device will not let the vehicle start above its 0.02 preset. The driver pays all installation and maintenance costs. For offences on or after July 1, 2026, installing the device within 30 days of reinstatement and following the program can cut the interlock period to 9 months for a first offender or 2 years for a second offender.

The Criminal Code allows driving on an interlock during a prohibition. Under s.320.18(2), driving while prohibited is not an offence if you are registered in, and comply with, the interlock program of the province where you live. Under s.320.24(10), how soon you can join depends on the offence:

• First offender: only after any waiting period the court sets.
• Second offender: after 3 months from sentencing, or longer if the court orders.
• Later offender: after 6 months from sentencing, or longer if the court orders.

Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program shortens the Ontario suspension in exchange for a longer interlock period. Ontario.ca describes three streams:

• Stream A: for a first offender who pleads guilty and is sentenced within 90 days. The suspension is at least 3 months, followed by at least 9 months of interlock.
• Stream B: for other first offenders. The suspension is at least 6 months, followed by 12 months of interlock.
• Stream D: for a second offender who also pleads guilty and is sentenced within 90 days. The suspension is at least 9 months, followed by 18 months of interlock.

Drivers are excluded if the offence involved impairment by a drug or by a drug and alcohol, or if they were convicted of a Criminal Code offence where bodily harm or death was caused. Stream A and Stream D depend on pleading guilty and being sentenced within 90 days, so that timing is worth raising with a criminal defence lawyer early in the case.

Dangerous operation under s.320.13(1) means operating a conveyance in a way that, given all the circumstances, is dangerous to the public. The offence is hybrid. On indictment the maximum is 10 years, and it can also be prosecuted by summary conviction. Section 320.19(5) sets no mandatory minimum punishment. The court may prohibit you from driving, but the prohibition is discretionary, not automatic (s.320.24(4)). Dangerous operation causing bodily harm (s.320.13(2)) carries up to 14 years on indictment, and causing death (s.320.13(3)) carries up to life. Both are covered in the section on penalties when someone is hurt or killed.

Ontario still suspends the licence on conviction. A conviction under s.320.13 triggers the Highway Traffic Act s.41 suspension: 1 year for a first conviction, 3 years for a second and indefinitely for a third or later. Before reinstatement after a dangerous driving conviction, Ontario also requires a driver improvement interview and a re-examination, on top of the $281 reinstatement fee.

Some changes to the law on dangerous driving are not yet in force. Ontario has enacted a 90-day roadside suspension and 7-day impoundment for dangerous driving (HTA s.48.5). It has also enacted an indefinite suspension for dangerous driving causing death (s.41.0.3). As of September 2026, e-Laws marks both as not in force, so neither applies yet.

Danil does not take dangerous driving charges. Declining every Criminal Code charge is his practice choice, and the referral box at the top of this page explains how he refers them. Careless driving is different. A careless driving charge under the Highway Traffic Act is a traffic charge Danil does defend: see the careless driving page.