Ontario Impaired Driving & Over 80 — Free Legal Information

Impaired Driving in Ontario — what to do right now

Understand the two tracks first. (1) The criminal charge — 'impaired operation' or 'over 80' under Criminal Code s.320.14 — is federal law applied in the Ontario Court of Justice, and a conviction brings a mandatory minimum $1,000 fine and a one-year national driving prohibition even on a first offence. (2) The provincial side is automatic and immediate: under Ontario's Highway Traffic Act the Ministry of Transportation imposes a 90-day Administrative Driver's Licence Suspension (ADLS) and a 7-day vehicle impoundment at the roadside, before any trial. The 90-day suspension runs no matter what later happens in court. If this is a first offence, ask early about the Reduced Suspension with Ignition Interlock Conduct Review Program — pleading guilty and being sentenced within 90 days of the offence can cut a one-year post-conviction suspension to roughly three months plus an interlock. Our free line will walk you through both tracks — call now and ask as many questions as you like.

The law in Ontario: Impaired Driving

Impaired driving in Canada is federal criminal law, uniform across every province and territory, but it is prosecuted and policed inside Ontario's own court and licensing systems — so the law that convicts you is national while the licence and vehicle consequences are provincial. The governing offence is Criminal Code section 320.14(1), modernised by Parliament in December 2018. It creates four ways to be charged: (a) operating a conveyance while your ability is impaired to any degree by alcohol or a drug; (b) being 'over 80' — having a blood-alcohol concentration of 80 mg of alcohol in 100 mL of blood or more within two hours of driving; (c) being over the prescribed blood-drug concentration; and (d) being over a combined alcohol-and-drug limit. Each of these is a separate offence, and the Crown commonly lays both 'impaired' (a) and 'over 80' (b) from the same arrest.

These are hybrid offences — the Crown chooses to proceed summarily or by indictment — and most first-time cases are heard in the Ontario Court of Justice, the busy provincial criminal court. The Superior Court of Justice handles the most serious matters (such as impaired driving causing death) and indictable jury trials. On a first conviction the Criminal Code sets a mandatory minimum $1,000 fine, rising with the breath reading: at least $1,500 if your BAC was 120–159 mg, and at least $2,000 if it was 160 mg or higher, or for a test refusal. A second conviction carries a minimum 30 days in jail; a third or subsequent, a minimum 120 days. A conviction also triggers a mandatory federal driving prohibition — at least one year for a first offence, two years for a second, and three years for a third — that bans you from driving anywhere in Canada.

Running alongside the criminal charge is Ontario's own administrative scheme under the Highway Traffic Act, which does not wait for a court. The moment you fail or refuse a roadside test (a BAC of 0.08 or higher, a failed sobriety/drug-recognition test, or a refusal), the Ministry of Transportation imposes a 90-day Administrative Driver's Licence Suspension and a 7-day vehicle impoundment on the spot. Below the criminal threshold, a 'warn range' reading of 0.05 to 0.079 triggers an escalating short suspension: as of 1 January 2026 that is a 7-day suspension plus a $250 penalty and an 8-hour education course for a first occurrence, a 14-day suspension plus a $350 penalty and a 16-hour treatment program for a second, and a 30-day suspension plus a $450 penalty, a 16-hour treatment program and a six-month ignition-interlock condition for a third. Ontario now looks back 10 years (up from 5) when deciding whether an occurrence is a first, second or subsequent one.

After a criminal conviction, the provincial suspension that follows can be shortened through the Reduced Suspension with Ignition Interlock Conduct Review Program. A first offender who pleads guilty and is sentenced within 90 days of the offence date (Stream A) can reduce a one-year provincial suspension to a minimum three months, followed by nine months driving with an ignition interlock device installed. Those who don't meet that timeline (Stream B) reduce to six months plus a year of interlock. None of this is automatic — you have to apply — and a criminal record for impaired driving can affect employment, insurance, and the ability to enter the United States.

Key Law (federal Criminal Code)

Criminal Code s.320.14(1)(a) — impaired operation: ability impaired to any degree by alcohol or a drug
Criminal Code s.320.14(1)(b) — 'over 80': BAC of 80 mg per 100 mL of blood or more within two hours of driving
Criminal Code s.320.14(1)(c)/(d) — over the prescribed blood-drug limit, or a combined alcohol-and-drug limit
Criminal Code s.320.15 — failure or refusal to comply with a breath, blood or sobriety-test demand (a separate offence)
Criminal Code s.320.19 / s.320.24 — mandatory minimum fines and the national driving prohibition on conviction

Courts & Agencies

Ontario Court of Justice — hears most impaired-driving and 'over 80' charges (arraignment through trial and sentencing)
Superior Court of Justice — the most serious matters (e.g. impaired causing death) and indictable jury trials
Ministry of Transportation (MTO / ServiceOntario) — imposes the provincial 90-day ADLS and runs licence reinstatement
CAMH 'Back on Track' — the mandatory remedial education/assessment program before full reinstatement
Ignition Interlock / Conduct Review Program — administers the reduced-suspension interlock streams

The Deadlines & Clocks People Miss

🚨 Roadside — the 90-day ADLS and 7-day vehicle impoundment take effect immediately, before any trial
90 days — plead guilty and be sentenced within 90 days of the offence to qualify for Stream A reduced suspension
First court date — your release paperwork (or summons) sets your first Ontario Court of Justice appearance; attendance is mandatory
10-year look-back — a prior impaired occurrence within 10 years escalates penalties (up from 5 years as of 2026)
Two-hour rule — 'over 80' looks at your BAC within two hours after you stopped driving, not only at the wheel

The 90-Day Suspension That Starts Before You See a Judge

Here is what blindsides almost everyone: in Ontario your licence is gone the same night, long before any finding of guilt. The instant you blow over 0.08, fail a sobriety test, or refuse, the Ministry of Transportation imposes an automatic 90-day Administrative Driver's Licence Suspension and impounds your vehicle for 7 days under the Highway Traffic Act — a provincial action that runs entirely separately from the federal criminal charge and does not wait for your day in the Ontario Court of Justice. People assume that if they fight the charge their licence is safe in the meantime. It isn't: the 90 days run regardless. And if it's a first offence, a separate clock is already ticking — pleading guilty and being sentenced within 90 days of the offence can dramatically shorten the post-conviction suspension through the interlock program, but only if you act in time. Our free line can explain both clocks in plain English — call now and ask as many questions as you like.

Likely outcomes & penalties

Every impaired-driving case in Ontario turns on its own facts — your breath reading, whether it's a first or repeat occurrence within the 10-year window, whether anyone was hurt, and how the stop and testing were conducted. These are the statutory ranges set by the Criminal Code and the Highway Traffic Act, not predictions about your case.

First conviction (s.320.14, no injury)

A mandatory minimum $1,000 fine (at least $1,500 if BAC was 120–159 mg, at least $2,000 if 160 mg or more, or on a refusal), a criminal record, and a one-year national driving prohibition. A first offender can often reduce the provincial suspension to about three months plus nine months of ignition interlock through Stream A by pleading and being sentenced within 90 days.

Provincial roadside consequences (immediate)

An automatic 90-day Administrative Driver's Licence Suspension and a 7-day vehicle impoundment at the roadside — independent of the criminal case — plus reinstatement fees and mandatory completion of CAMH's Back on Track program before your licence is fully restored.

Second conviction (within 10 years)

A mandatory minimum 30 days in jail, a two-year federal driving prohibition, a longer mandatory ignition-interlock period, and steep insurance and reinstatement costs. The 10-year look-back means an occurrence as far back as the mid-2010s can now count.

Third+ conviction, or impaired causing bodily harm/death

A third conviction carries a minimum 120 days in jail and a three-year prohibition. Impaired operation causing bodily harm or death is indictable and far more serious — heard in the Superior Court of Justice, with potential penitentiary time and, for causing death, a maximum of life imprisonment.

Mistakes to avoid

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Assuming that fighting the criminal charge protects your licence in the meantime — the 90-day provincial ADLS is automatic and runs regardless of what happens in the Ontario Court of Justice.

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Refusing the breath or sobriety test thinking it helps — refusal is its own offence under s.320.15 and is treated at least as seriously as being 'over 80', with the highest minimum fine and the same suspension.

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Missing the 90-day window to plead and be sentenced — a first offender who delays past 90 days loses access to Stream A and a much shorter interlock-based suspension.

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Believing a prior from years ago no longer counts — Ontario now looks back 10 years (up from 5), so an older occurrence can still escalate a new charge to a second or third offence.

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Treating an impaired-driving charge as a minor traffic ticket — it is a federal criminal offence that creates a criminal record and can bar entry to the United States; the consequences reach far beyond the fine.

How it works

Call our free line — no income test and no web maze. A calm Canadian AI assistant answers live and explains your situation in plain English, in your language. There's nothing to fill in and no callback to wait for; you simply call and start asking.

Talk through both tracks with an assistant trained on Canadian and Ontario law. It understands the federal Criminal Code s.320.14 charge, the provincial 90-day ADLS and 7-day impoundment, the warn-range rules, and the interlock reduced-suspension streams — and walks you through your first moves. Ask as many questions as you like. This is legal information, not legal advice, and creates no lawyer-client relationship.

A paid consultation with an Ontario impaired-driving lawyer is coming soon. We're building a network of Ontario-licensed criminal lawyers who handle both the court case and the licensing side, so that callers who want representation can be connected to one — that service isn't available yet, but it's on the way. For now, the free line is here to help you understand both tracks.

Free & low-cost Impaired Driving help in Ontario

If you can't afford a private lawyer, these Ontario and Canadian resources can help with the criminal case, free legal information, or finding reduced-fee counsel. Note that Legal Aid Ontario's duty counsel and certificates cover the criminal charge — not the provincial licensing/MTO process, which is the gap to watch. Legal Hotline is not a law firm or a legal-aid clinic and does not provide these services; we point you to them and give general information, not legal advice.

Legal Aid Ontario

Ontario's public legal-aid body. If you meet the financial test it can issue a certificate to cover a private criminal lawyer, and free duty counsel give same-day advice at criminal court. Apply online or call 1-800-668-8258. Covers the criminal charge, not the MTO licensing side.

Steps to Justice — Motor Vehicle Offences (CLEO)

Community Legal Education Ontario's free, plain-language guide to criminal driving offences, your rights when stopped, and the impaired-driving process in Ontario. A reliable place to read up before your court date.

Community Legal Education Ontario (CLEO)

The non-profit publisher behind Steps to Justice, producing trustworthy, accessible legal information for Ontarians on criminal, family, and other everyday legal problems.

Law Society Referral Service (Law Society of Ontario)

A free service that refers Ontario residents to a lawyer or licensed paralegal who will give a free consultation of up to 30 minutes — useful for an early read on an impaired-driving charge.

JusticeNet

A national non-profit connecting people whose income is too high for legal aid but too low for standard fees with lawyers, paralegals, and mediators who charge on a reduced sliding scale.

Ontario — Reduced Suspension with Ignition Interlock Conduct Review Program

The official Ontario government page explaining how a first offender can shorten a post-conviction licence suspension by pleading within 90 days and using an ignition interlock device (Streams A and B).

FAQ — Impaired Driving in Ontario

I was just charged with impaired driving or 'over 80' in Ontario — what's the first thing to understand?

That you're now facing two separate cases from one arrest: a federal criminal charge under Criminal Code s.320.14 in the Ontario Court of Justice, and an automatic provincial 90-day licence suspension plus a 7-day vehicle impoundment imposed at the roadside by the Ministry of Transportation. The provincial suspension runs no matter what later happens in court. If it's a first offence, ask early about pleading within 90 days to access a much shorter interlock-based suspension. Our free line can explain both tracks in plain English — call now and ask as many questions as you like.

Why is impaired driving federal law but my licence is dealt with by Ontario?

Because Canada's impaired-driving offences live in the federal Criminal Code (s.320.14), which is the same in every province and territory — but driver licensing is a provincial matter, so Ontario's Highway Traffic Act controls the immediate 90-day Administrative Driver's Licence Suspension, the vehicle impoundment, and reinstatement. The criminal court can't restore your licence, and the Ministry of Transportation can't decide your guilt. They run on parallel tracks. Our free line can break down both for your situation when you call.

What does 'over 80' mean?

'Over 80' is the common name for the offence in Criminal Code s.320.14(1)(b): having a blood-alcohol concentration of 80 milligrams of alcohol in 100 millilitres of blood (0.08) or more within two hours of driving. It's a separate charge from 'impaired operation' in s.320.14(1)(a), and the Crown often lays both from the same arrest. In Canada we say impaired driving or 'over 80', not 'DUI'. Call our free line and we'll explain how the reading affects your case.

Will I really lose my licence before I've been to court?

Yes. Under Ontario's Highway Traffic Act, the moment you register 0.08 or higher, fail a sobriety/drug test, or refuse, the Ministry of Transportation imposes an immediate 90-day Administrative Driver's Licence Suspension and a 7-day vehicle impoundment — before any trial and regardless of how the criminal charge is eventually resolved. It's one of the most common surprises. Our free line can explain what the suspension means and what comes next.

What's the penalty for a first impaired-driving conviction in Ontario?

A first conviction under s.320.14 carries a mandatory minimum $1,000 fine (rising to at least $1,500 or $2,000 for higher breath readings or a refusal), a criminal record, and a one-year national driving prohibition. A first offender can often reduce the provincial suspension to roughly three months plus an ignition interlock by pleading and being sentenced within 90 days. The exact outcome depends on your facts — call our free line for a plain-English read.

What is the 'warn range' (0.05 to 0.079)?

It's the band below the criminal 0.08 threshold. A reading of 0.05 to 0.079 isn't a Criminal Code charge, but Ontario imposes an immediate short administrative suspension under the Highway Traffic Act: as of 1 January 2026 that's a 7-day suspension for a first occurrence, 14 days for a second, and 30 days for a third — with escalating penalties ($250, $350, then $450), a mandatory education or treatment course, and a six-month ignition-interlock condition added at the third. Ontario now counts occurrences over a 10-year look-back. Our free line can explain where a warn-range reading leaves you.

I refused the breath test — does that help me?

Almost never. Refusing or failing to comply with a lawful breath, blood or sobriety demand is its own offence under Criminal Code s.320.15, treated at least as seriously as being 'over 80' — it carries the highest minimum fine ($2,000 on a first offence) and the same automatic 90-day provincial suspension and impoundment. It rarely helps and usually hurts. Call our free line to understand exactly where a refusal leaves you.

Can I shorten my suspension after a conviction?

Often yes, through Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program. A first offender who pleads guilty and is sentenced within 90 days of the offence (Stream A) can cut a one-year provincial suspension to a minimum three months, then drive for nine months with an ignition interlock installed. Those who don't meet the timeline (Stream B) reduce to six months plus a year of interlock. It isn't automatic — you must apply. Our free line can explain the streams.

Can a DUI charge affect my immigration status or travel to the US?

It can. An impaired-driving conviction creates a criminal record, which can affect employment and may make you inadmissible to the United States, since US border officers can treat impaired driving as a barrier to entry. For permanent residents and others, a serious criminal conviction can also carry immigration consequences under federal law. Because how a charge is resolved matters, it's worth getting advice early. Call our free line and we can point you to the right help.

Does a prior impaired-driving charge from years ago still count against me?

Quite possibly. As of 2026 Ontario looks back 10 years (up from 5) when deciding whether a new occurrence is a first, second, or subsequent one, which escalates suspensions, interlock periods, and other consequences. The federal Criminal Code minimum jail terms also climb on a second (30 days) and third (120 days) conviction. The date math matters — our free line can help you understand where a prior leaves you.

How much does it cost to talk to your hotline?

Nothing. The service is free, with no income test and no web form to wrestle with — you simply call our line and a Canadian AI assistant answers live, and you can ask as many questions as you like. It gives you legal information to orient you — not legal advice — and creates no lawyer-client relationship. It is not a law firm or legal aid. A paid consultation with an Ontario-licensed criminal lawyer is coming soon, but that service isn't available yet.

Are you an Ontario impaired-driving lawyer? Join the network we're building.

We're building a network of Ontario-licensed criminal lawyers ahead of launching a paid lawyer-consultation service. Every day our free line helps worried, time-pressed Ontario drivers — facing both a Criminal Code s.320.14 charge in the Ontario Court of Justice and an immediate provincial licence suspension — understand both tracks. When the paid-consultation service launches, we want to connect those who need representation with local criminal lawyers who defend impaired-driving and 'over 80' charges and advise on the interlock and reinstatement process. If that's you, we'd like to send qualified, ready-to-consult clients your way. This is a referral path for vetted lawyers, separate from the free line above. Reach out to learn how to join.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

Charged With Impaired Driving or 'Over 80' in Ontario? Two Cases Just Started at Once.