Impaired driving lawyer in Toronto
An impaired driving charge moves faster than most people expect. Your licence is usually suspended before you ever see a courtroom, and the decisions you make in the first week matter.
Speak to a lawyer before you speak to anyone else.
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What you have actually been charged with
Impaired driving is not one offence. Most people arrested at the roadside in Ontario are facing one or more of three distinct charges, and they are not defended the same way.
Impaired operation
The allegation is that your ability to operate a vehicle was impaired to any degree by alcohol, by a drug, or by a combination of the two. This charge does not depend on a particular reading. It depends on evidence of impairment: driving pattern, the officer's observations, your speech, your balance, the roadside tests.
Over 80
The allegation is that your blood alcohol concentration equalled or exceeded 80 milligrams of alcohol in 100 millilitres of blood within two hours of operating the vehicle. This charge turns on the breath or blood readings and on whether the procedure that produced them was lawful and properly carried out.
Refusing or failing to comply with a demand
Refusing to provide a breath sample is a separate criminal offence, and it is not the safer option. It carries penalties in the same range as blowing over, and a refusal charge can be harder to defend than a reading, not easier.
What happens immediately, before any trial
Ontario imposes administrative consequences at the roadside that are entirely separate from the criminal case. These are not a finding of guilt and they do not wait for one. They typically include an immediate administrative licence suspension and impoundment of the vehicle. You can be suspended and have your car towed on a Friday night and not appear in court for months.
This catches people off guard, and it is the reason to call a lawyer early rather than waiting for a first appearance date. There are steps that can be taken in the meantime, and some of them are time-limited.
What the Crown has to prove
The Crown must prove every element of the offence beyond a reasonable doubt. In an impaired driving prosecution that ordinarily means establishing that you operated or had care or control of the vehicle, that the statutory elements of the specific charge are made out, and — critically — that the evidence it wants to rely on was lawfully obtained.
That last point is where a great many of these cases are actually won or lost.
Where these cases are defended
Every case is different and none of the following is a promise about yours. But these are the areas a defence lawyer will examine:
- The lawfulness of the stop and the detention. Why were you pulled over, and was there a proper basis for what followed?
- The grounds for the demand. A breath demand is not automatic. The officer must have had the required grounds, and those grounds have to hold up.
- Your right to counsel. You are entitled to be informed of your right to a lawyer without delay and to be given a reasonable opportunity to exercise it. Failures here are common and they are consequential.
- The instrument and the procedure. Approved instruments have operating requirements, calibration records, and maintenance histories. Timing requirements apply to the samples. These records can be obtained and scrutinised.
- Care and control. Where the vehicle was not moving, whether you had care or control at all is a live question rather than a foregone conclusion.
- Charter remedies. Where a breach is established, the remedy can include exclusion of the evidence the Crown needs, which frequently ends the prosecution.
Why a conviction is worth fighting
An impaired driving conviction produces a criminal record, a driving prohibition, and mandatory minimum penalties that a judge cannot go below. The downstream consequences often matter more to people than the sentence itself: insurance, employment, licensing, bonding, and travel to the United States, where a conviction of this kind can create real difficulty at the border.
Because the minimums are mandatory, the leverage in these cases is almost always in the defence of the charge rather than in the sentencing. That is an argument for getting advice early.
What to do now
- Do not discuss the incident with anyone but a lawyer. Not the police, not your insurer, not on social media.
- Write down what you remember while it is fresh. Times, what was said, when you were told about a lawyer, when you were given a phone, what you had to drink and when.
- Keep every document you were handed. The notice of suspension, the release documents, the promise to appear, the tow paperwork.
- Call a lawyer before your first appearance, not on the morning of it.
Norm Stanford has defended a large number of impaired driving, dangerous operation and failure to remain cases at every level of criminal court in Ontario. If keeping your licence is the thing that matters most to you, say so when you call.
Common questions
Will I lose my licence immediately if I am charged with impaired driving in Ontario?
In most cases an administrative suspension is imposed at the roadside, before any trial and regardless of whether you are ultimately convicted. It is separate from the criminal case. Because it takes effect immediately and some related steps are time-limited, this is one of the reasons to get advice in the first days rather than waiting for your court date.
Is it better to refuse the breathalyzer?
No. Refusing or failing to comply with a lawful demand is itself a criminal offence carrying penalties in a similar range to blowing over, and refusal cases can be harder to defend rather than easier. Refusing does not avoid the problem, it changes which problem you have.
Can an impaired driving charge be beaten?
These charges are defended successfully, frequently on the lawfulness of the stop, the grounds for the demand, the right to counsel, or the operation of the instrument. Whether any of that applies depends entirely on the facts of your case and on the disclosure. Nobody can tell you your odds before reading the file, and you should be cautious of anyone who tries.
What are the penalties for a first impaired driving conviction?
A first conviction carries a mandatory minimum penalty that a judge has no discretion to go below, along with a driving prohibition and a criminal record. Because the minimum is mandatory, there is limited room to negotiate at sentencing, which is why the defence of the charge itself usually matters more. Ask us about the current minimums as they apply to your situation.
Will an impaired driving conviction stop me entering the United States?
It can create real difficulty. Admissibility is decided by United States authorities under their own law, not by a Canadian court, and it is not something a Canadian lawyer can guarantee either way. If cross-border travel matters to you, raise it at the very start so it can be factored into how the case is handled.
How much does an impaired driving lawyer cost?
It depends on the charge and on whether the matter resolves or runs as a trial. We will discuss fees with you directly and in plain terms. The initial consultation is free.
Talk to us about your case
Every Defence LLP has defended criminal charges across Ontario since 2006. Our office is at 920 Yonge Street, Suite 602, Toronto. The first consultation is free and the phone is answered around the clock.