- A first impaired driving conviction carries a mandatory minimum $1,000 fine and a minimum one-year federal driving prohibition — these are floors, not typical outcomes.
- Ontario imposes immediate roadside penalties before any conviction: a 90-day administrative licence suspension and a 7-day vehicle impoundment on a fail or refusal.
- The mandatory minimum fine increases with your blood-alcohol concentration, and refusing a breath sample carries its own minimum penalty.
- A conviction creates a permanent criminal record that can affect employment, U.S. travel, and insurance for years.
- The ignition interlock program can shorten the time you are off the road, but participation comes with its own conditions and costs.
- Impaired driving cases turn on technical and Charter issues — the legality of the stop, the breath demand, and the testing procedure — which is why early legal advice matters.
The Short Answer
A first impaired driving offence in Ontario is a criminal charge, not a traffic ticket. On conviction it carries a mandatory minimum $1,000 fine and a minimum one-year driving prohibition, plus a permanent criminal record. But the consequences begin at the roadside with an immediate 90-day licence suspension and vehicle impoundment — long before any court decides whether you are guilty. Because these cases are unusually technical, a first offence is often more defensible than people assume.
The Three Common Charges
Most first-time cases involve one or more of three separate offences under the federal Criminal Code. It is common to be charged with more than one at the same time.
| Charge | What the Crown Must Show |
|---|---|
| Impaired operation | That your ability to drive was impaired to any degree by alcohol or a drug, shown through driving pattern, observations, and conduct |
| Over 80 | That your blood-alcohol concentration was at or over 80 milligrams of alcohol in 100 millilitres of blood, regardless of whether you seemed impaired |
| Refusal / failure to provide a sample | That you failed or refused, without a reasonable excuse, to comply with a lawful breath (or drug) demand |
Each of these is explained in more depth on our dedicated pages for impaired driving, over 80 charges, and refusing a breath sample. Notably, refusing to blow is not a shortcut around a DUI — it is a criminal offence in its own right, and it carries a higher minimum fine than a straightforward first "over 80."
What Happens at the Roadside
The most important thing to understand about a first offence is that Ontario's provincial penalties are immediate and automatic, and they apply before you have been convicted of anything. If you register a “fail” on an approved screening or evidentiary instrument, or you refuse a demand, the following typically happens on the spot:
- A 90-day Administrative Driver's Licence Suspension (ADLS)
- A 7-day vehicle impoundment, at your expense
- Administrative monetary penalties and licence reinstatement fees
- A requirement to complete a mandatory education or treatment program before full reinstatement
The roadside suspension is a provincial consequence that applies regardless of what later happens in criminal court. Even if your charge is eventually withdrawn, the 90-day suspension and impoundment generally already occurred. This is why the outcome of the criminal case and your ability to drive are two different timelines.
Mandatory Minimum Penalties on Conviction
If a first offence results in a conviction, the Criminal Code sets mandatory minimum penalties that a judge cannot go below. The minimum fine rises with your blood-alcohol concentration:
| First Offence Scenario | Mandatory Minimum Fine |
|---|---|
| Blood-alcohol concentration 80–119 mg | $1,000 |
| Blood-alcohol concentration 120–159 mg | $1,500 |
| Blood-alcohol concentration 160 mg or more | $2,000 |
| Refusing or failing to provide a sample | $2,000 |
Alongside the fine, a first conviction carries a minimum one-year driving prohibition under federal law. These are floors. A court can impose a higher fine, a longer prohibition, probation, or in aggravating cases involving injury, far more serious penalties.
Because the minimum fine is tied directly to your blood-alcohol concentration, the accuracy and legality of the breath testing procedure is not a technicality — it can change the mandatory penalty you face. This is one reason impaired driving defence focuses heavily on how the readings were obtained.
Licence Suspension & Reinstatement
A first offence generally creates two overlapping periods off the road: the immediate 90-day administrative suspension at the roadside, and, if convicted, the one-year federal driving prohibition that follows. To get your licence back after a conviction, you will typically need to:
- Serve the applicable prohibition period (subject to the interlock option below)
- Complete Ontario's mandatory remedial program (often called “Back on Track”)
- Pay the licence reinstatement fee
- Install an approved ignition interlock device if required as a condition of reinstatement
The Ignition Interlock Program
Ontario's ignition interlock program allows eligible first offenders to reduce the time they are completely off the road in exchange for driving only a vehicle fitted with an approved device. The interlock requires a breath sample before the engine will start and at random intervals while driving. There are installation and monthly monitoring costs, and any failed or missed sample is recorded. For many people, the interlock stream is the difference between a full year without driving and returning to the road sooner under conditions.
A first offender with no aggravating circumstances pleads guilty and receives the mandatory minimum fine and one-year prohibition. By enrolling in the reduced-suspension interlock stream and completing the remedial program, they are able to drive an interlock-equipped vehicle for part of the period that would otherwise have been a complete prohibition — allowing them to keep commuting to work.
The Criminal Record Consequence
This is the consequence people underestimate most. An impaired driving conviction is a criminal conviction, and it creates a permanent criminal record. That record does not disappear on its own — you generally must apply for a record suspension (formerly a pardon) years later, after completing your sentence, to have it set aside. In the meantime it can surface on background checks. Our guide on whether a first offence leads to a criminal record explains which outcomes do and do not leave a permanent mark.
A DUI conviction can complicate entry to the United States, which treats impaired driving seriously at the border. See our guide on travelling to the U.S. with a criminal record for what to expect.
Insurance & Other Fallout
Beyond the court penalties, an impaired driving conviction is treated by insurers as a major conviction. The practical effects usually include:
- A significant premium increase, often for several years
- Possible non-renewal by your current insurer and a move to the high-risk market
- Employment consequences if your job requires driving or a clean record
- Professional or licensing implications in some regulated fields
How a First Offence Moves Through Court
A first impaired driving charge follows the ordinary criminal process. After you are charged and released — usually at the scene or station, sometimes after a short hold — you receive a first court date. Your lawyer obtains the Crown's disclosure (the breath technician's notes, the officer's notes, and any video), reviews it for legal and technical issues, and then negotiates or sets the matter for trial. If you were held in custody, our guide on how bail works in Ontario explains the release process. Most first offences are resolved without a trial, but that resolution is far better negotiated with the disclosure reviewed than by pleading guilty at the first appearance.
Common Defences to a First DUI
Impaired driving is one of the most technical areas of criminal law, and a first offence is often more defensible than people expect. Depending on the facts, defences can include:
- An unlawful stop or detention — whether police had the legal basis to stop you and make a demand
- Charter breaches — for example, a denial of your right to counsel, which can lead to breath evidence being excluded
- Problems with the breath demand or testing — timing, calibration, and whether the approved procedure was followed
- Reasonable excuse — in some refusal cases, a genuine inability to provide a sample
- Insufficient evidence of impairment — where the “impaired” charge rests on thin observations
Many people assume that because they blew over the limit, there is nothing to be done. That is not how these cases work. The Crown must prove the charge with lawfully obtained, reliable evidence — and whether it can do so is exactly what a defence review examines.
What to Do If You Are Charged
- Say little and be polite. You are not required to explain or argue at the roadside, and what you say can become evidence.
- Preserve everything. Keep all paperwork you are given — the notice of suspension, impoundment documents, and your court information.
- Note the details while fresh. Write down what happened, the timing, and what was said, as soon as you can.
- Get advice before your first court date. The earlier a lawyer reviews the stop and the breath procedure, the more options tend to be available.
Common Myths
Myth: “A first DUI is basically just a big traffic ticket.”
False. It is a criminal offence with a mandatory fine, a driving prohibition, and a permanent criminal record — categorically different from a provincial traffic ticket.
Myth: “Refusing the breathalyzer is the safe move.”
False. Refusing a lawful demand is itself a criminal offence, and on a first offence it carries a higher minimum fine than a first “over 80.”
Myth: “If I just plead guilty quickly, it will be cheaper.”
Not necessarily. Pleading guilty before the disclosure is reviewed gives up the chance to identify defences or negotiate a better resolution — and the long-term costs of a conviction, in insurance and record consequences, dwarf the short-term convenience.
Charged with a first impaired driving or over 80 offence? Call our Toronto criminal defence lawyers at 416-274-2222 for a free, confidential consultation before your first court date.
Frequently Asked Questions
For a first offence, the Criminal Code sets a mandatory minimum fine of $1,000 and a minimum one-year driving prohibition. The fine increases with your blood-alcohol concentration, and refusing to provide a breath sample carries a higher minimum fine of $2,000. These are minimums — a court can impose more, but not less.
Yes. Ontario imposes an immediate 90-day Administrative Driver's Licence Suspension when you register a "fail" on an approved instrument or refuse a breath demand. This is a provincial roadside penalty that applies before any finding of guilt, and it is separate from the driving prohibition that follows a conviction.
Yes. Impaired driving, driving with a blood-alcohol concentration at or over 80 milligrams ("over 80"), and refusing a breath sample are all offences under the federal Criminal Code. A conviction results in a criminal record, not just a traffic ticket, which is what distinguishes these charges from provincial offences like speeding.
An impaired driving conviction stays on your criminal record permanently unless you later obtain a record suspension (formerly a pardon). You generally become eligible to apply for a record suspension a set number of years after completing your sentence, including payment of any fine.
If you qualify and enrol in Ontario's ignition interlock program, you may be able to reduce the period you are off the road and drive a vehicle equipped with an approved interlock device that requires a breath sample before the engine will start. Participation involves installation and monitoring costs and strict compliance requirements.
Almost always. An impaired driving conviction is treated by insurers as a major conviction and typically leads to a large premium increase or placement in the high-risk market for several years. Some drivers find their existing insurer will not renew at all.
It can happen, but not automatically. Charges may be withdrawn or resolved to a lesser, non-criminal outcome such as careless driving where there are genuine evidentiary or Charter problems with the Crown's case — for example, an unlawful stop or a flawed breath-testing procedure. Whether that is realistic depends on the specific facts.
Yes. Impaired driving is a criminal charge, so you (or your lawyer on your behalf, in many appearances) must attend court. The matter is not resolved by simply paying a fine like a traffic ticket.
"Impaired" means your ability to drive was affected by alcohol or a drug, which can be proven by driving conduct and observations. "Over 80" means your blood-alcohol concentration was at or over the legal limit regardless of whether you appeared impaired. They are separate charges and a person is often charged with both.
Strongly recommended. Impaired driving is one of the most technical areas of criminal law, turning on the legality of the stop, the breath demand, and the testing procedure. The consequences — a criminal record, a driving prohibition, and years of insurance impact — are serious enough that early advice can meaningfully change the outcome.