Criminal Code, Part VIII.1

DUI Charges in Ontario: Every Impaired Driving Offence We Defend

Impaired operation, over 80, refusal, care and control, drug-impaired driving and repeat offences: how each DUI charge works in Ontario and how it is defended.

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Charges we defend

Choose your charge

Each impaired driving offence has its own elements, penalties and defences. Start with the charge on your paperwork.

Impaired DrivingDriving while your ability is impaired to any degree by alcohol, a drug or both. These cases often turn on police observations that can be tested in court.
Over 80A blood alcohol reading of 80 mg or more within two hours of driving. Breath test procedure and disclosure often decide these cases.
Breath Test RefusalRefusing or failing to provide a sample carries a $2,000 minimum fine. The legality of the demand and a reasonable excuse are key.
Care and ControlCharged while sitting or sleeping in a parked car? The Crown must still show a realistic risk of danger, and that is often where these cases are won or lost.
Drug-Impaired DrivingCharged with driving high on cannabis, prescription medication or another drug? These cases rely on newer science and officer opinions that can be challenged.
Impaired Causing Bodily HarmWhen a collision injures someone, an impaired driving charge becomes far more serious. Early advice can protect your rights while evidence is still being gathered.
1st DUI OffenceMandatory fines, a one-year driving prohibition and a criminal record. Early legal advice can change the outcome of a first charge.
2nd DUI OffenceA second conviction means at least 30 days in jail and a longer driving prohibition. The Crown must still prove every element.
3rd DUI OffenceAt least 120 days in jail and a possible lifetime licence suspension. A careful defence and sentencing strategy are essential.

Reviewed by the DUI Lawyer Toronto defence teamUpdated September 23, 2026

Every impaired driving charge in Ontario comes from the same part of the Criminal Code, but the offences are not interchangeable. Knowing which charge is on your paperwork, and why, is the first step in understanding what you face. This overview explains how the offences are grouped, why most drivers leave the station with two charges, how prior convictions change the picture and what to do next.

How are impaired driving offences grouped in the Criminal Code?

Since 18 December 2018, the federal impaired driving offences have been set out in Part VIII.1 of the Criminal Code. They fall into four broad groups.

Impairment offences. It is an offence to operate a vehicle while your ability is impaired to any degree by alcohol, a drug or both. The Crown proves an impaired driving charge through evidence of impairment, such as driving behaviour and officer observations, rather than a number. Drug-impaired driving sits in this group too, along with separate offences for prescribed blood drug levels, such as THC of 5 ng/mL or more within two hours.

Blood alcohol offences. It is an offence to have a blood alcohol concentration of 80 mg or more per 100 mL of blood within two hours after you stop operating. This is the over 80 offence, and it does not require proof that you were impaired.

Refusal offences. It is an offence to fail or refuse, without reasonable excuse, to comply with a lawful demand for a breath, blood, oral fluid or drug evaluation sample. A refusal charge carries a minimum fine of $2,000 on a first offence.

Harm offences. When someone is hurt or killed, the offence becomes far more serious. Impaired driving causing bodily harm carries a maximum of 14 years by indictment, and causing death carries a maximum of life imprisonment.

"Operation" is broader than driving. A person in the driver's seat is presumed to have care or control of the vehicle, even if it was parked, unless they show they did not intend to set it in motion.

Why do I have two charges from one traffic stop?

It is common to receive two charges from a single incident: impaired operation and over 80. They describe the same driving but are proven in different ways. The impaired charge relies on how you drove and how you appeared, while the over 80 charge relies on the breath or blood results.

That is why each charge needs its own answer. A Charter breach that leads a court to exclude the breath results may end the over 80 count, while the impaired count still depends on what the officer saw and recorded. A strong defence looks at both from the start.

First offence or repeat offence?

The Criminal Code sets minimum penalties that increase with each prior conviction. A first DUI offence carries a minimum fine of $1,000 and a driving prohibition of one to three years. A second DUI offence carries a minimum of 30 days in jail, and a third or subsequent offence carries a minimum of 120 days in jail.

Ontario's licence consequences escalate as well: a one-year suspension for a first conviction, three years for a second, and a lifetime suspension for a third, which may be reduced after 10 years if conditions are met. Our page on penalties for DUI in Ontario sets these out in full.

What should I do next?

Start with the charge listed on your release papers, then read the page for that offence. A few steps help in every case:

Respect the 90-day licence suspension and any release conditions. Driving while suspended creates a new charge.
Write down what happened at the stop while you still remember it, including times and what officers said.
Do not discuss the details with anyone except your lawyer.
Keep your release documents, suspension notice and impound papers together.
Get legal advice before your first court date.

Our guide to the first 72 hours after a charge covers these steps in more detail, and our defence guide explains how we challenge evidence. Two articles help with the questions people ask first: DWI vs DUI clears up the terminology, and how many drinks is 0.08 explains the number on your paperwork. For a free, confidential review of your charge, speak with our Toronto DUI defence team.

Frequently asked questions

What is the difference between impaired driving and over 80?

Impaired driving means your ability to operate a vehicle was impaired to any degree by alcohol, a drug or both, and it is proven through driving behaviour and officer observations. Over 80 means your blood alcohol concentration was 80 mg or more per 100 mL of blood within two hours after you stopped operating, and it is proven through breath or blood results. Police often lay both charges after the same stop.

Can I be charged with a DUI if I was not driving?

Yes. The Criminal Code covers operating a vehicle, which includes having care or control of it. A person in the driver's seat is presumed to be in care or control unless they show they did not intend to set the vehicle in motion. The Supreme Court of Canada has said there must also be a realistic risk of danger, which is often the key issue in these cases.

Is refusing a breath test treated more leniently than blowing over 80?

No. Failing or refusing to comply with a lawful breath, blood or drug demand without a reasonable excuse is its own criminal offence. A first refusal carries a minimum fine of $2,000, which is higher than the $1,000 minimum for a first over 80 conviction at a lower reading. A refusal also triggers Ontario's 90-day administrative licence suspension and a 7-day vehicle impoundment.

Does a DUI charge mean I will have a criminal record?

No. A charge is an allegation, and only a conviction creates a criminal record. Impaired driving charges can be withdrawn, dismissed or end in an acquittal, depending on the evidence and how police conducted the investigation. If you are convicted, the record can later be the subject of a record suspension application once the waiting period after your sentence has passed.

Charged with a DUI in Toronto or the GTA?

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