Charges · Impaired driving · Ontario
What happens after an impaired driving charge in Ontario?
What it means, what usually happens next, and what to bring to the first call.
Or chat by textAn impaired driving charge in Ontario begins with a roadside licence suspension and a vehicle impound, both on the spot, before any court decides anything. The person is usually released with a court date. The charge can be impaired, over 80, or refusal, and the roadside paperwork carries deadlines for the licence side of the case.
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In short
- Impaired driving, “over 80” and refusing a breath test are separate charges with the same first consequence in Ontario. A 90-day licence suspension starts on the spot, with a 7-day vehicle impound, before any court date.
- Release from the station is usually the same day, with a first court date in 4–6 weeks.
What usually happens next
- At the roadside
The stop and the first test Police may ask for a breath sample on a roadside device. A fail or a refusal usually leads to arrest and a trip to the station.
- First hour
Breath tests at the station Two samples are usually taken on a larger machine. There is a right to speak to a lawyer privately before this, and police must say so.
- Same day
Licence and vehicle In Ontario, a 90-day licence suspension starts on the spot, separate from the criminal charge. The vehicle is impounded for 7 days.
- A few hours in
Release papers Most people leave the station with papers. They list a first court date, any fingerprint date, and any conditions, and each condition binds once signed.
- Sometimes
Held for a bail hearing If police keep the person in custody, a bail hearing before a justice usually happens by the next day.
What should you bring to the first call?
How it works in Ontario
Which court hears it in Ontario
The criminal side of an Ontario impaired charge is heard in the Ontario Court of Justice. The Crown’s impaired driving directive (D. 18) says protecting the public is the primary concern at every stage of these prosecutions.
Bail in Ontario
On the criminal side, Ontario’s D. 18 requires notice of an increased penalty where the accused has a previous drinking-and-driving conviction within five years.
Programs and diversion in Ontario
Ontario’s Reduced Suspension with Ignition Interlock Conduct Review Program lets eligible drivers convicted of a first or second alcohol-impaired offence shorten the suspension; applying starts with the assessment part of the Back on Track remedial measures program. Drug-impaired convictions are not eligible.
The local process in Ontario
At the roadside, an Ontario driver at 0.08 or more, or who fails or refuses a test, faces an immediate 90-day suspension, a 7-day vehicle impoundment and a $550 penalty, plus a reinstatement fee. A first criminal conviction means a licence suspension of at least one year.
What do we see with impaired driving charges?
Two things surprise people: the licence suspension starts on the spot, and the roadside paperwork has deadlines inside it. When you call, the first questions are about that paper — dates, the device used, whether there was a refusal — because those details shape what follows. Someone answers at any hour.
What do people ask about impaired driving charges?
Is the licence penalty separate from the court case?
The paper the police gave you covers two things together — the roadside administrative suspension (provincial) and the criminal charge (federal). Both run in parallel.
Do I have to talk to the police?
No — a person does not have to answer police questions, whether that’s in person, at a station, or over the phone. You can confirm identifying information if asked, but you’re not required to explain, discuss the events, or answer follow-up questions.
What should I bring?
Bring every paper the police gave you (release order, undertaking, appearance notice); photo ID; the names of anyone who saw what happened; any texts, photos or messages about it; The 90-day suspension notice; the impound paper; the breath-test paper; Your driver’s licence status.
Sources
Ontario sources
- Ontario Court of Justice, criminal court overview, accessed October 15, 2026
- Ontario Crown Prosecution Manual, D. 18 Impaired Driving, accessed October 15, 2026
- Ontario, Reduced Suspension with Ignition Interlock Conduct Review Program, accessed October 15, 2026
- Ontario, impaired driving penalties, accessed October 15, 2026
- Steps to Justice (CLEO), accessed September 22, 2026
Federal law sources
- Criminal Code (Canada), ss. 320.14–320.24, accessed September 22, 2026
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