By Jatinder Kumar Kataria, Barrister & Solicitor · Last reviewed October 2026 · 6 min read
An impaired driving charge sets off two separate processes at once: immediate administrative penalties from the province, and a criminal case in court. Understanding both helps you make good decisions early.
At the roadside: Ontario's administrative penalties
If police believe your blood alcohol is 80 mg or more, or you fail or refuse a test, Ontario imposes penalties right away, before any court decision:
- An immediate 90-day licence suspension
- A 7-day vehicle impoundment
- A monetary penalty, a licence reinstatement fee, and an education or treatment program
These are separate from the criminal charge and apply even if you are later found not guilty.
The criminal charge
Impaired driving, driving with a blood alcohol concentration of 80 mg or more ("over 80"), and refusing a demand are Criminal Code offences. If convicted, the minimum penalties for a first offence include:
- A fine of at least $1,000, rising to at least $1,500 for a reading of 120 to 159 mg, and at least $2,000 for 160 mg or more or for a refusal
- A driving prohibition of at least one year
A second offence carries a minimum of 30 days in jail, and a third or later offence a minimum of 120 days.
Your licence after a conviction
In Ontario, a first conviction generally means a one-year licence suspension, followed by an ignition interlock condition. Later convictions bring longer suspensions.
If you are not a Canadian citizen
What to do now
- Keep every document police gave you, including the suspension and impound notices.
- Note your first court date.
- Do not discuss the details with anyone except your lawyer.
- Write down the timeline: what you drank and when, where you were stopped, and what was said.
Sources
- Criminal Code, ss. 320.14, 320.15, 320.19, 320.24
- Highway Traffic Act, ss. 41, 48.3, 48.4
- Ontario: Impaired driving
- Immigration and Refugee Protection Act, s. 36
This guide is general information about the law in Ontario and Canada as of October 2026. It is not legal advice and does not create a lawyer-client relationship. Your situation may differ; please get advice before acting.