The moment a police officer tells you that you’re being charged with impaired driving or having a blood alcohol concentration over 80 milligrams, your mind goes blank. It’s overwhelming. You may be sitting in a police cruiser, still processing what just happened, wondering whether your licence is gone, whether you’ll lose your job, and whether you’re going to end up with a criminal record.
Take a breath. Being charged is not the same as being convicted. In Ontario, there are real, proven defences to impaired driving and over 80 charges — but what you do in the next few hours matters enormously. This guide walks you through exactly what to do, step by step.
Step 1: Do Not Say Anything Beyond What Is Legally Required
This is the most important thing you can do right now. You have the right to remain silent under the Canadian Charter of Rights and Freedoms, and you should use it.
Many people make the mistake of trying to explain themselves to the arresting officer — telling them they only had two drinks, that they feel fine, or that they weren’t driving erratically. These statements almost always end up in the officer’s notes and can be used against you at trial.
You are legally required to provide your name, address, and licence. You must comply with roadside screening demands (ASD tests) and breathalyzer or blood tests at the station. Beyond that, say nothing without first speaking to a lawyer.
Step 2: Invoke Your Right to Counsel Immediately
The moment you are detained or arrested, tell the officer clearly: “I want to speak to a lawyer.” The police are legally obligated to facilitate this. Do not wait. Do not assume you can sort it out later.
At the station, you will be given access to a phone. You can call a lawyer of your choice — or Legal Aid if you don’t have one yet. A brief call with a criminal defence lawyer before you answer any questions can make a significant difference to your case.
If the police fail to hold off questioning until you’ve had a reasonable chance to speak with a lawyer, that can be a Charter violation — and potentially grounds to have evidence excluded at trial.
Step 3: Understand What Happens After You’re Charged
After processing, most people charged with a first-time impaired driving offence are released on a Promise to Appear or an Undertaking. You will receive a court date, and your licence will typically be suspended at the roadside — in Ontario, that suspension kicks in immediately.
Here is what you can generally expect in the days ahead:
- A 90-day Administrative Driver’s Licence Suspension (ADLS) imposed by the province — separate from any criminal proceedings
- Your vehicle may have been impounded for 7 days
- A criminal charge under the Criminal Code of Canada (not just a traffic ticket)
- A court date, usually several weeks or months away
- Mandatory enrollment in the Back on Track program if convicted
Step 4: Write Down Everything You Remember — Right Now
Memory fades fast. While the night is still fresh, write down every detail you can recall:
- Where and when you were stopped
- What the officer said and in what order
- What roadside tests were administered, and how
- The exact sequence of events from the traffic stop to your arrival at the station
- Whether you were told your rights, and when
- Anything that seemed unusual or out of order
This information can be critical. Experienced defence lawyers look carefully at the technical and procedural aspects of how a DUI arrest was conducted — and small details often open the door to strong defences.
Also Read: What to Do Immediately After a DUI Arrest
What Are the Actual Consequences of a DUI Conviction in Ontario?
Understanding what’s at stake helps explain why this is worth fighting. A conviction under s. 320.14 of the Criminal Code — whether for impaired driving or having a BAC over 80 mg — carries serious consequences:
- A mandatory minimum fine of $1,000 for a first offence
- A criminal record that can affect employment, travel, and professional licensing
- A driving prohibition of at least 1 year (sometimes longer)
- Mandatory completion of the Back on Track education and treatment program
- Dramatically increased insurance premiums — often for years
- Potential entry bans to the United States (U.S. Customs treats DUI as a serious offence)
- Jail time for repeat offences or cases involving bodily harm
The consequences don’t stop at the courtroom. A DUI conviction follows you. That’s why so many people choose to fight the charge rather than plead guilty.
Can a DUI Charge Actually Be Beaten in Ontario?
Yes — and it happens more often than people expect. Impaired driving cases are highly technical, and there are a number of established defences that experienced criminal lawyers use successfully:
Charter Violations
If police violated your Charter rights during the stop, detention, or arrest — such as stopping you without reasonable grounds, failing to inform you of your right to counsel, or delaying your access to a lawyer — a judge may exclude the breathalyzer evidence. Without that evidence, the Crown’s case often collapses.
Breathalyzer Reliability
Breathalyzer machines must be properly maintained, calibrated, and operated by a qualified technician following strict procedures. Defence lawyers scrutinize maintenance records, calibration logs, and whether approved instruments and approved techniques were used.
Rising Blood Alcohol
Alcohol takes time to absorb. If you consumed alcohol shortly before driving, your BAC may have still been rising at the time you were tested at the station — meaning your actual BAC while behind the wheel was lower than the reading suggests.
Reasonable Doubt on Impairment
For charges of impaired driving (as opposed to over 80), the Crown must prove your ability to operate a vehicle was actually impaired. If the evidence of impairment is weak — shaky field sobriety observations, inconsistent officer testimony — a skilled defence lawyer can raise reasonable doubt.
How Soon Should I Call a Criminal Lawyer?
Tonight, if possible. Tomorrow morning at the latest.
The early stages of a DUI case are often where the most important work happens. Disclosure — the evidence the Crown intends to use — needs to be reviewed carefully. Procedural issues identified early can shape the entire trajectory of your case.
At Fedorowicz Law, Richard Fedorowicz has been defending impaired driving charges in Toronto and across the GTA since 2001. He has successfully resolved hundreds of DUI cases — including achieving the dismissal of over 80 charges in a single proceeding at Old City Hall by establishing constitutional violations.
Every case is different. But the sooner you have experienced legal counsel reviewing your situation, the better your options.
Charged with impaired driving in Toronto or the GTA? Call Richard Fedorowicz today for a free, confidential consultation: 249-266-4222. You don’t have to face this alone.
Also Read: How to Beat a DUI Charge: Legal Defences That Work
Frequently Asked Questions
Will I lose my licence immediately after a DUI charge in Ontario?
Yes — Ontario imposes an immediate 90-day Administrative Driver’s Licence Suspension (ADLS) at the roadside. This is a provincial measure separate from any criminal proceedings and takes effect whether or not you are ultimately convicted.
Is a DUI a criminal offence in Canada?
Yes. Impaired driving and over 80 charges under the Criminal Code of Canada are criminal offences — not traffic infractions. A conviction results in a criminal record, not simply demerit points.
What if I refused the breathalyzer?
Refusing a lawful breathalyzer demand is itself a criminal offence under the Criminal Code and carries the same penalties as an over 80 conviction. If you refused, it’s important to speak with a lawyer immediately — there are limited circumstances where a refusal can be defended.
Can I travel to the United States with a DUI charge or conviction?
A pending charge may create difficulties at the border, but a conviction makes entry to the U.S. far more complicated. U.S. Customs and Border Protection treats DUI as a serious criminal matter. Speak with a lawyer before making any travel plans.
The Bottom Line
A DUI charge in Toronto is serious — but it is not the end of the road. Ontario’s impaired driving laws are complex, the evidence requirements are technical, and experienced defence lawyers find real openings in these cases every day.
What you do in the hours and days after being charged can significantly affect the outcome. Stay calm, stay silent, call a lawyer, and write down everything while it’s fresh.
Fedorowicz Law has been defending Toronto residents against impaired driving charges for over two decades. Call 249-266-4222 today for a free consultation.
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