DUI Glossary
Plain-language definitions of the legal terms you will hear in an Ontario impaired-driving case.
What the “accused” status really means, what rights they have, and how it differs from “defendant”.
Full definitionAcquittal in Canadian LawWhat “acquittal” really means, what grounds it can be based on, and what it means for your criminal record.
Full definitionAn immediate 90-day licence suspension imposed by police in Ontario when a driver blows over the legal limit, refuses a demand, or is found impaired by a drug evaluation. It is separate from the criminal charge and takes effect before any trial.
Types of aggravating factors and how they influence the outcome of a DUI case in Canada.
Full definitionA breath-testing machine approved by the federal government for measuring blood alcohol concentration at the police station. Its readings form the main evidence in most over 80 prosecutions.
The handheld roadside device police use to screen breath for alcohol. A "fail" result usually gives police grounds to demand a breath test on an approved instrument.
Ontario’s mandatory remedial program for drivers convicted of impaired driving offences or who receive certain roadside suspensions. It includes an assessment, education or treatment, and a follow-up interview, and must be completed before a licence is reinstated.
Learn how bail works under Canadian law, what conditions apply for DUI bail, and when a hearing becomes necessary.
Full definitionThe amount of alcohol in a person’s blood, measured in milligrams of alcohol per 100 millilitres of blood. The criminal limit in Canada is 80 mg/100 mL, often written as 0.08.
Being in a position to operate a vehicle, such as sitting in the driver’s seat with access to the keys, even if the vehicle is not moving. A person can be charged with an impaired driving offence based on care or control.
A motion asking the court to find that police violated a right under the Canadian Charter of Rights and Freedoms, such as the right to counsel, and to exclude evidence or stay the charge as a remedy.
The prosecutor who represents the government in a criminal case and decides whether to proceed with, reduce or withdraw a charge.
A structured evaluation by a specially trained officer to decide whether a driver is impaired by a drug. It can lead to a demand for a blood, urine or oral fluid sample.
The meaning of disclosure in DUI law. What it includes and how it matter for the outcome of an impaired driving case.
Full definitionDuty Counsel in DUI LawThe role of duty counsel, how it can assist you when you’re being charged, and what kind of help it cannot provide.
Full definitionA breath-testing device connected to a vehicle’s ignition that prevents the engine from starting if alcohol is detected. Ontario may require one as a condition of licence reinstatement after an impaired driving conviction.
Operating a conveyance while your ability to do so is impaired to any degree by alcohol, a drug, or both. It is an offence under section 320.14(1)(a) of the Criminal Code.
Police authority, in force since December 2018, to demand a roadside breath sample from any driver who has been lawfully stopped, without needing a suspicion that the driver has been drinking.
The lowest sentence a judge is allowed to impose for a conviction. For impaired driving offences, the Criminal Code sets minimum fines for a first offence and minimum jail terms for repeat offences.
Having a blood alcohol concentration of 80 mg of alcohol per 100 mL of blood or more within two hours of driving. It is an offence under section 320.14(1)(b) of the Criminal Code, separate from impaired operation.
Failing or refusing, without a reasonable excuse, to comply with a lawful demand for a breath, blood or drug evaluation sample. It is an offence under section 320.15 of the Criminal Code and is punished at least as seriously as over 80.
Reduce Impaired Driving Everywhere: police check stops where drivers are stopped to screen for alcohol and drugs. RIDE stops are a common starting point for DUI investigations in Ontario.
A court order that halts a prosecution, often ordered where a Charter right has been seriously breached or where a case has taken unreasonably long to reach trial.
A blood alcohol concentration from 50 to 79 mg per 100 mL. In Ontario it triggers a short roadside licence suspension and other provincial penalties, but it is not a criminal offence on its own.
What a suspended sentence means for you legally under Canadian law and how it’s different from a discharge.
Full definitionA decision by the Crown to end the prosecution of a charge. A withdrawn charge does not result in a conviction or criminal record.