Impaired Driving Penalties: What You Need to Know
The penalties for impaired driving in Ontario depend on whether it is your first, second or subsequent offence.
A first DUI driving conviction normally carries a criminal record, a minimum $1,000 fine, a driving prohibition and driver’s licence suspension. A second offence carries a mandatory 30 days in jail, while each subsequent offence carries a minimum 120 days in jail.
If you’ve been charged and need to speak to a lawyer, call 416-731-7113 to speak with Toronto DUI Lawyer Nicholas Charitsis.
First, Second & Subsequent Impaired Driving Penalties
The table below summarizes the criminal and licensing impaired driving penalties that can apply after a first, second, or subsequent DUI conviction in Ontario.
| Penalty | First Offence | Second Offence | Third or Subsequent Offence |
|---|---|---|---|
| Minimum Criminal Penalty | $1,000 fine | 30 days in jail | 120 days in jail |
| Criminal Record | ✓ Yes | ✓ Yes | ✓ Yes |
| Ontario Licence Suspension | At least 1 year | At least 3 years | Lifetime suspension* |
| Ignition Interlock | At least 1 year | At least 3 years | At least 6 years if licence reinstated |
| Back on Track Program | Required | Required | Required |
| Zero Alcohol and Drug Condition | Minimum 6 months after interlock condition ends | Minimum 6 months after interlock condition ends | Minimum 6 months after interlock condition ends |
Important: These are minimum penalties and common Ontario licence consequences. The actual penalties can be more serious depending on the charge, prior convictions and the circumstances of the offence. Some impaired driving cases can also involve higher minimum fines or additional penalties.
Minimum Fines & Jail Sentences for Impaired Driving
The minimum criminal penalties for impaired driving depend on your blood alcohol concentration and whether you have previous impaired driving convictions.
For a first impaired driving offence, the mandatory minimum fine depends on the alcohol concentration shown by the breath or blood testing:
- $1,000 minimum fine for a blood alcohol concentration below 120 mg of alcohol in 100 mL of blood.
- $1,500 minimum fine for a blood alcohol concentration between 120 and 159 mg.
- $2,000 minimum fine for a blood alcohol concentration of 160 mg or more.
The penalties become much more serious for repeat offences. A second impaired driving offence carries a mandatory minimum sentence of 30 days in jail. A third or subsequent offence carries a mandatory minimum sentence of 120 days in jail.
These are minimum criminal penalties. The court can impose a higher fine or longer jail sentence depending on the circumstances of the offence, the driver’s criminal record, and other aggravating factors.
Refusing a Breath Test Carries a Higher Minimum Fine
Refusing or failing to comply with a lawful breath demand is a separate criminal offence.
For a first offence, the mandatory minimum fine is $2,000.
This means a driver convicted of refusing a breath test can face a higher minimum fine than someone convicted of impaired driving with a lower alcohol concentration.
A refusal conviction can also lead to a criminal record, driving prohibition, Ontario driver’s licence suspension, mandatory programs, ignition interlock requirements, and increased insurance costs.
These Are Minimum Penalties
The minimum fine or jail sentence is only part of the financial and personal impact of an impaired driving conviction. Driver’s licence suspensions, ignition interlock costs, mandatory programs, licence reinstatement fees and increased insurance premiums can add substantially to the overall cost.
The penalties are serious, but being charged does not mean you will be convicted.
The Crown Attorney still has to prove the charge. Breath testing procedures, police grounds, Charter issues and other evidence can become important parts of the defence strategy.
An Impaired Driving Conviction Gives You a Criminal Record
Any drinking and driving conviction under the Criminal Code results in a criminal record.
For many people, this is one of the most serious long-term consequences of a conviction. Criminal records can affect your employment, professional career, travel and immigration status long after the court case is over.
- Employment – Many employers require criminal record checks. A conviction can affect your current employment and make it harder to qualify for certain jobs in the future.
- Professional Licences and Careers – Lawyers, healthcare professionals, financial professionals and others working in regulated fields can have reporting obligations after a criminal conviction. Depending on the profession and circumstances, a conviction can lead to an investigation or disciplinary proceedings.
- Professional Drivers – An impaired driving conviction can be particularly serious if you drive for a living. Commercial drivers and others who operate vehicles or heavy equipment will be unable to drive and face employment and insurance problems with the loss of their driving privileges.
- Travel – A criminal record can create problems when travelling internationally. Each country has its own entry requirements, so the consequences depend on where you are travelling and your circumstances. Where you need to travel to the USA you maybe stopped by US Border officers.
- Immigration – Impaired driving can have serious consequences for people who are not Canadian citizens. A conviction can affect admissibility to Canada and, depending on your immigration status and circumstances, your ability to remain in Canada.
A Criminal Charge Is Not a Criminal Record
Being charged with impaired driving does not mean you have a criminal record or that you will be convicted. The Crown Attorney must still prove the charge beyond a reasonable doubt.
Your defence lawyer can review the disclosure, breath-testing evidence, police grounds, Charter issues and other evidence to determine whether there are grounds to fight the charge.
If you are concerned about a criminal record, call Charitsis Law at 416-731-7113 for a confidential review of your case. Nicholas Charitsis can review the evidence with you, explain the issues he sees and discuss the defence options available.
Losing Your Licence After an Impaired Driving Conviction
An impaired driving conviction can result in two separate restrictions on your ability to drive. One comes from the federal Criminal Code. The other comes from Ontario’s Highway Traffic Act.
Although they can operate at the same time, they are not the same thing.
Criminal Code Driving Prohibition
After an impaired driving conviction, the court must normally impose a driving prohibition under the Criminal Code. This is part of the criminal sentence.
For impaired driving and refusal offences, the Criminal Code provides the following prohibition periods:
- First offence: at least 1 year and up to 3 years.
- Second offence: at least 2 years and up to 10 years.
- Third or subsequent offence: at least 3 years.
If a jail sentence is imposed, the period of imprisonment is added to the applicable driving prohibition period.
A Criminal Code driving prohibition is federal. It prohibits you from operating the type of conveyance covered by the court order rather than simply suspending your Ontario driver’s licence.
Ontario Highway Traffic Act Suspension
Ontario imposes a separate driver’s licence suspension after an impaired driving conviction. This provincial suspension is separate from the driving prohibition imposed under the Criminal Code.
The Ontario suspension becomes significantly longer with repeat convictions:
- First conviction: licence suspended for at least 1 year.
- Second conviction within 10 years: licence suspended for at least 3 years.
- Third conviction within 10 years: lifetime suspension, which can be reduced after 10 years if certain requirements are met.
- Fourth conviction within 10 years: lifetime suspension with no possibility of reduction.
Ontario can also require mandatory education or treatment, an ignition interlock device and other conditions before full driving privileges are restored.
The Two Driving Penalties Are Different
This distinction is important when determining when you can legally drive again and whether you qualify for an ignition interlock program.
- The Criminal Code driving prohibition is part of the sentence imposed by the criminal court, its a driving prohibition for all of Canada for anywhere including private property and for an vehicle that is driven by any type of engine, including construction equipment, farm equipment, scooters and even riding lawn mowers.
- The Ontario Highway Traffic Act suspension is a separate provincial consequence that affects your Ontario driver’s licence. Which applies only to the Province of Ontario on the Ontario roadways.
For many people, losing their licence has immediate consequences. If you need to drive for work, operate a commercial vehicle, commute to your job or care for your family, an impaired driving conviction can affect much more than your ability to get behind the wheel.
Ignition Interlock Requirements After an Impaired Driving Conviction
An ignition interlock device can be another major consequence of an impaired driving conviction in Ontario. The device is installed in your vehicle and requires you to provide a breath sample before the vehicle will start.
While you are subject to an ignition interlock condition, you can only drive vehicles equipped with an approved device. The program can allow eligible drivers to get back on the road while still subject to driving restrictions.
The minimum ignition interlock periods increase with repeat impaired driving convictions:
- First conviction: at least 1 year.
- Second conviction: at least 3 years.
- Third or subsequent conviction: at least 6 years if your driver’s licence is reinstated.
Drivers are responsible for complying with the ignition interlock requirements throughout the program.
Can You Drive Before Your Licence Suspension Ends?
Some eligible drivers can participate in Ontario’s Reduced Suspension with Ignition Interlock program. This can allow you to regain limited driving privileges before the full Ontario licence suspension period has ended.
Eligibility depends on your driving history, the offence and whether you meet Ontario’s program requirements. Participating in the ignition interlock program does not remove the impaired driving conviction or the other penalties resulting from it.
How Much Does an Ignition Interlock Cost in Ontario?
Drivers are responsible for the cost of participating in the ignition interlock program.
Current Smart Start Ontario pricing for a standard vehicle is about $77.97 per month for the device, plus a $7.50 monthly MTO fee. Standard installation and removal are currently included at no additional charge.
Based on these monthly fees, a one-year ignition interlock requirement costs about $1,025. Additional fees can apply for missed appointments, violation resets, unscheduled service, early termination or installation in certain vehicles.
The device must also be regularly inspected so its data can be downloaded and the equipment maintained and calibrated. The total cost becomes considerably higher for repeat impaired driving convictions when an ignition interlock is required for several years.
What Happens After the Ignition Interlock Is Removed?
Completing the ignition interlock requirement does not necessarily mean that all driving restrictions immediately end.
For offences committed on or after July 1, 2026, Ontario requires drivers to maintain a zero blood alcohol concentration and zero presence of certain drugs for at least six months after successfully completing the ignition interlock requirement.
Failure to follow ignition interlock or licence conditions can create additional problems and delay your return to unrestricted driving.ast six months after the ignition interlock condition has been successfully completed.
Back on Track Program After an Impaired Driving Conviction
Ontario’s Back on Track program is another consequence of an impaired driving conviction. It is a mandatory remedial measures program for drivers convicted of impaired driving and certain related offences.
Completing your court sentence does not necessarily mean you can simply get your driver’s licence back. If Back on Track applies to you, you must successfully complete the required program before your licence can be fully reinstated.
What Is the Back on Track Program?
Back on Track is designed to address alcohol and drug-impaired driving and reduce the risk of another impaired driving offence.
The program begins with an assessment of your alcohol or drug use and driving behaviour. Depending on the results of that assessment, you will be required to complete an education or treatment program.
The program can include:
- An assessment of your alcohol or drug use and driving behaviour.
- An education program for drivers assessed as lower risk.
- A more intensive treatment program for drivers assessed as requiring additional intervention.
- A follow-up interview after completing the required program.
Drivers are responsible for completing all required parts of the program before their Ontario driver’s licence can be fully reinstated.
How Much Does Back on Track Cost?
The Back on Track program currently costs $894 for a driver convicted of impaired driving in Ontario.
This cost is separate from the criminal fine, driver’s licence reinstatement costs, ignition interlock expenses and increased insurance premiums. As a result, Back on Track adds another significant expense to the overall cost of an impaired driving conviction.
The program can take up to 11 months to complete, depending on the requirements that apply to you and how quickly you complete each stage.
What Happens If You Do Not Complete Back on Track?
If you are required to complete Back on Track and do not successfully finish the program, you cannot drive.
This means the consequences of an impaired driving conviction can continue even after your court-imposed driving prohibition or initial licence suspension period has ended.
How Much Does an Impaired Driving Conviction Cost?
The financial cost of an impaired driving conviction can be much higher than the fine imposed by the court. Mandatory programs, driver’s licence reinstatement, ignition interlock and increased insurance premiums can add thousands of dollars to the total cost.
For a first impaired driving conviction in Ontario, some of the common costs can include:
| Cost | Amount |
|---|---|
| Minimum criminal fine | $1,000 to $2,000 |
| Back on Track program | $894 |
| Ignition interlock for one year | About $1,025 |
| Driver’s licence reinstatement fee | $281 |
| 90-day roadside administrative penalty, where applicable | $550 |
| Increased insurance premiums | Varies |
| Transportation while unable to drive | Varies |
| Lost income if unable to work | Varies |
| Known costs before insurance and other expenses | About $3,750 to $4,750 |
Insurance Can Be One of the Largest Costs
An impaired driving conviction can result in substantially higher automobile insurance premiums. Some drivers can also find themselves requiring high-risk insurance.
The amount varies depending on the insurer, driving history, vehicle, location and other risk factors. Unlike the criminal fine, increased insurance premiums can continue for years. As a result, insurance can ultimately cost considerably more than the original fine.
The Real Cost Is More Than the Fine
For a first impaired driving conviction, the known fine, Back on Track program, ignition interlock, licence reinstatement and applicable roadside administrative penalty can total approximately $3,750 to $4,750.
That does not include increased insurance premiums, transportation costs, additional interlock charges, legal fees or lost income.
For someone who needs a driver’s licence for work, the financial consequences can be considerably higher.
Impaired Driving Penalties Increase for Repeat Offences
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Impaired Driving Penalties Increase for Repeat Offences
Impaired driving penalties become significantly more serious when you have a previous impaired driving conviction. A repeat offence can mean mandatory jail, a longer driving prohibition, a longer Ontario driver’s licence suspension and several years with an ignition interlock device.
For a second impaired driving offence, the penalties can include:
- A mandatory minimum 30 days in jail.
- A longer Criminal Code driving prohibition.
- At least a three-year Ontario Highway Traffic Act licence suspension when the previous conviction falls within the applicable period.
- At least three years with an ignition interlock requirement.
- Mandatory completion of Ontario’s Back on Track program.
- Another criminal conviction added to your criminal record.
For a third or subsequent impaired driving offence, the penalties become even more serious and can include:
- A mandatory minimum 120 days in jail.
- A longer Criminal Code driving prohibition.
- A lifetime Ontario Highway Traffic Act licence suspension following a third conviction within the applicable period. Reinstatement can be possible after 10 years in certain circumstances.
- At least six years with an ignition interlock device if your driver’s licence is eventually reinstated.
- Mandatory completion of the Back on Track program.
- Serious consequences for your employment, insurance and ability to drive.
Previous Impaired Driving Convictions Affect Sentencing
A previous impaired driving conviction can significantly change the sentence for a new offence. A first offence that would normally carry a minimum fine can become a repeat offence with mandatory jail.
The number and timing of previous convictions are important when determining the penalties that apply. Your criminal and driving history should therefore be reviewed carefully when assessing the potential sentence and developing a defence strategy.
Before You Accept the Penalties
The penalties described on this page for Impaired Driving & DUI charges apply only after a conviction.
Before accepting the penalties for drinking and driving charges, you need to find out whether the Crown can prove the charge beyond a reasonable doubt or not and do you have a defence to the charge(s).
The best way to do this is to contact and speak to Nicholas Charitsis, an impaired driving lawyer with 20 years experience in the Toronto court system. Mr. Charitsis can review your case with you, answer your questions, tell you where he sees issues that can be used to defend your case.
As an experienced lawyer Mr. Charitsis will review with you:
- The Crown’s Evidence – Whether the evidence is complete, reliable, and capable of proving the charge beyond a reasonable doubt.
- Police Investigation – Whether the police complied with the Charter, Criminal Code, and approved investigative procedures.
- Breath Test Evidence – Whether the breath testing procedures were properly followed and whether the results can be challenged.
- Charter Violations – Whether breaches of your constitutional rights could result in evidence being excluded.
- Possible Resolutions – Depending on the evidence and circumstances, some impaired driving charges may be resolved without a criminal record, including a negotiated resolution to a non-criminal offence such as careless driving.
Do not assume that a charge automatically results in a conviction. Before accepting the life-changing penalties of an impaired driving conviction, speak with Toronto DUI lawyer Nicholas Charitsis.
We will review your disclosure, explain the strengths and weaknesses of the Crown’s case, and determine whether the Crown can prove the charge beyond a reasonable doubt. Call Charitsis Law today at 416-731-7113 for a free and confidential case review.
Serving Clients Across the Greater Toronto Area and Central Ontario
If you are facing a DUI or any drinking and driving charge, Charitsis Law represents clients throughout Southern Ontario. Meet with an experienced criminal defence lawyer at our offices in Brampton, Oshawa, Aurora, Newmarket, or Muskoka, or contact us to discuss your case and the court process.
Speak With Nicholas Charitsis Today
You’ll speak directly with Nicholas Charitsis—not a call centre or an intake representative.
When you call Charitsis Law, you’ll speak directly with Nicholas Charitsis. He’ll answer your questions, explain your legal options, and help you understand the evidence against you.
Call 416-731-7113 today to arrange your confidential case review.
DUI Penalties in Ontario – Frequently Asked Questions
Q. How Can I Avoid an Impaired Driving Conviction in Ontario?
The best way to avoid an impaired driving conviction is to fight the charge with an experienced criminal defence lawyer. Pleading guilty will result in a criminal record, a mandatory licence suspension, significant fines, higher insurance costs, and other long-term consequences.
An experienced impaired driving lawyer will carefully examine every part of the Crown’s case. That includes whether the police had lawful grounds to stop or arrest you, whether the breath testing procedures were followed correctly, whether the breath test results are reliable, and whether your Charter rights were violated. Even a single weakness in the evidence may create a reasonable doubt that results in the charge being dismissed, or in some cases, a resolution that avoids a criminal conviction.
At Charitsis Law, Nicholas Charitsis has spent more than 20 years fighting impaired driving charges throughout Ontario. Every case is thoroughly reviewed for legal and factual weaknesses, and every available defence is pursued. Where appropriate, the firm also negotiates with the Crown Attorney to seek a resolution that avoids the serious consequences of an impaired driving conviction.
If you have been charged with impaired driving, choosing the right lawyer may be one of the most important decisions you make. Read our how to find the best criminal lawyer for a DUI Charge.
Q. Can My Impaired Driving Charge Be Reduced to Careless Driving?
A. In some cases, an impaired driving charge can be reduced to careless driving where the circumstances justify it.
Careless driving is a provincial traffic offence rather than a criminal offence, so it does not result in a criminal record. For many people charged with impaired driving, avoiding a criminal conviction is the most important objective.
Every case is different. However, factors that may increase the likelihood of a reduction to careless driving include:
- You have no previous impaired driving convictions.
- Your breath alcohol readings are relatively low.
- No one was injured and there was no serious collision.
- There are weaknesses in the Crown’s evidence or problems with the police investigation.
- The overall circumstances are less serious than many other impaired driving cases.
These factors do not guarantee that the Crown Attorney will agree to reduce the charge. However, they may create opportunities for negotiation.
This is where the experience of your criminal defence lawyer can make a significant difference. An experienced lawyer understands how Crown Attorneys evaluate impaired driving cases, identifies weaknesses in the evidence, and knows how to present those issues effectively.
If there is a realistic opportunity to negotiate a reduction to careless driving or achieve another favourable resolution, Charitsis Law will fight to obtain the best possible result based on the facts of your case. Contact Nicholas Charitsis today for a confidential consultation to discuss your options.
To learn more about the differences between these offences, read our guide on Impaired Driving vs. Careless Driving, which explains the penalties, long-term consequences, and why a reduction to careless driving can make such a significant difference.
Q. Will an Impaired Driving Conviction Affect My Job or Professional Licence?
A. Yes, it can. An impaired driving conviction results in a criminal record, and for many people that can have serious consequences beyond the courtroom. Whether it affects your employment depends on your occupation, your employer’s policies, and whether you are required to report a criminal conviction.
Professionals who are licensed or regulated may face additional reporting requirements or disciplinary proceedings. This can include lawyers, accountants, nurses, doctors, teachers, police officers, financial professionals, real estate professionals, and others who are governed by a regulatory body. People who work with vulnerable persons, handle clients’ money, hold security clearances, or operate commercial vehicles may also face significant employment consequences.
In addition, an impaired driving conviction may affect your ability to travel for work, obtain or renew certain professional licences, pass criminal background checks, or qualify for future employment opportunities.
Because the consequences can extend well beyond the court-imposed penalties, it is important to have your case reviewed by an experienced impaired driving lawyer before making any decisions. Nicholas Charitsis has spent more than 20 years defending DUI driving charges throughout Ontario and understands what is at stake for professionals, business owners, and individuals whose careers could be affected by a criminal conviction.
If your career, professional licence, or reputation could be impacted by an impaired driving charge, contact Charitsis Law today for a confidential consultation. The sooner your case is reviewed, the sooner a defence strategy can be developed to protect your future.
