DUI & impaired driving defence

Criminal Code for Impaired Driving

Understanding the Criminal Code is essential when facing an impaired driving charge. Below is an overview of how Canada’s impaired driving laws apply in Ontario, including Toronto, and what they mean for individuals accused of these offences.

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  • Federal Criminal Code provisions governing impaired driving across Canada
  • Explanation of impaired, over 80, refusal, and drug-related offences
  • Overview of penalties, driving prohibitions, and criminal consequences
  • Ontario-specific licence and administrative consequences
  • Clear legal information to help you understand your rights and risks

Impaired driving offences in Toronto and across Ontario are governed by the Criminal Code of Canada. While Ontario imposes additional administrative penalties, criminal charges themselves arise from federal law.

Main Criminal Code Sections

Part VIII.1 – Sections 320.11 to 320.4

Impaired driving offences are contained within Part VIII.1 of the Criminal Code and apply uniformly across Canada.

Impaired Operation

Section 320.14(1)(a)

Operating a motor vehicle while your ability to do so is impaired by alcohol or a drug is a criminal offence.

  • No minimum blood alcohol level is required
  • Impairment may be based on driving behaviour or physical symptoms
  • Applies to alcohol, drugs, or both

Over 80 / Exceed Blood Alcohol Concentration

Section 320.14(1)(b)

It is an offence to operate a vehicle with a blood alcohol concentration of 80 mg or more.

  • Commonly referred to as “Over 80”
  • Based on breath or blood testing
  • Visible impairment is not required

Refusal or Failure to Comply

Section 320.15

Refusing or failing to comply with a lawful demand is a criminal offence.

Penalties for refusal are the same as impaired driving and are aggressively prosecuted in Ontario.

Criminal Penalties

First Offence

  • $1,000 minimum fine (Over 80)
  • One-year driving prohibition
  • Permanent criminal record

Second Offence

  • Minimum 30 days jail
  • Two-year driving prohibition

Third or Subsequent Offence

  • Minimum 120 days jail
  • Three-year driving prohibition

Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice.

Find a Lawyer Who Knows Local Courts

Criminal charges are not something you want on your record. You don’t want to have employers constantly ask about your criminal past. You don’t want to not clear a police background check. It is extremely important that you find an educated, reliable, and experienced lawyer. If you are looking for a DUI lawyer Mississauga professional or a DUI lawyer Richmond Hill, Jonathan Lapid is your go-to reliable option.

Jonathan Lapid, an experienced DUI lawyer Toronto expert that knows the local courts and will provide you with exactly what you need. This includes insightful, helpful, and reliable opinions that you can count on. Flexible appointments and extremely convenient consultation hours. Cost effective rates, and absolutely no hidden costs.

The Advantages of Speaking with Jonathan Lapid

  • Focused DUI & Impaired Driving Defence
  • Free Initial Honest Case Assessment
  • Reasonable Fees With No Hidden Costs
  • Successfully Defended Hundreds of Clients
  • Criminal Lawyers Rely on Him for DUI Advice
  • Jonathan Himself Has 25 Years of Experience
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Other charges we defendImpaired DrivingOver 80Sample Failure / RefusalDUI WeedCare ControlDUI AccidentsBodily HarmFirst OffenceSecond OffenceThird OffenceDUI Arrest Defence
FAQ

Criminal Code: common questions

Still unsure where you stand? A free, honest case review is the fastest way to get answers about your own charge.

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  • After a DUI arrest, the most important steps are to note the details of your stop, avoid discussing your case with anyone but a lawyer, and speak with a DUI arrest defence lawyer as soon as possible. Early legal guidance can protect your driving privileges and help preserve critical evidence.

  • In Ontario, a DUI can mean driving while impaired by alcohol or drugs, or having a blood alcohol concentration (BAC) over 0.08. There are also related offences such as “care or control” of a vehicle and refusing to provide a breath or blood sample.

  • Yes. A BAC reading over 0.08 is strong evidence, but not indisputable. We can examine whether the breath test was properly administered, whether the machine was calibrated, and whether your rights were respected during the arrest. In some cases, we may negotiate a reduced charge or obtain a favourable outcome at trial.

  • Yes - prison is a possibility, especially for repeat offences or if there are aggravating factors like high BAC and bodily harm. That said, first-time offenders often receive penalties such as fines, driving prohibition, and interlock.

  • As soon as possible. A prompt defence means we can begin reviewing all the evidence while the details are fresh. Early involvement increases the chances of finding procedural issues or negotiating better outcomes.

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