Being charged with impaired driving can be stressful and confusing, especially for someone who has never dealt with the criminal justice system before. In Toronto, impaired driving charges fall under Section 320.14 of the Criminal Code, and understanding the process can bring some much-needed clarity.
What Is Impaired Driving?
Under Section 320.14(1), it is an offence to:
- Operate a vehicle while your ability to do so is impaired by alcohol, a drug, or a combination of both
- Have a blood alcohol concentration at or above 80 mg of alcohol per 100 mL of blood (commonly called "Over 80") within two hours of driving
- Exceed the prescribed legal limits for drugs, or a combination of alcohol and drugs, within two hours of driving
These laws apply to all conveyances, not only cars but also boats, e-bikes, and off-road vehicles. Police may stop a driver where they have reason to believe the person's ability to operate the vehicle is impaired, and they can request roadside testing such as a breath sample.
What Happens After an Arrest
If you are arrested, police will typically take you to a station for further testing. Depending on the results, you may be charged with operation while impaired, with Over 80, or with both. You will receive a court date for your first appearance. This does not mean you are guilty; it simply begins the court process. The Crown will disclose the evidence it intends to rely on, and you or your lawyer will have an opportunity to review it. Working with counsel early makes the process easier and ensures your rights are protected at every stage.
Immediate Consequences
Ontario law includes administrative penalties that take effect right after an arrest, before any case is resolved in court. These can include a temporary licence suspension, short-term vehicle impoundment, and fees to reinstate your licence. These penalties are not the same as a conviction; they are intended to protect public safety while your matter proceeds.
How These Cases Are Decided
Every case is unique. The outcome depends on factors such as how the traffic stop occurred, whether proper testing procedures were followed, and the quality of the evidence the Crown relies on. Because impaired driving law is highly technical, even small details can make a significant difference, which is why guidance from a lawyer familiar with how Toronto courts handle these matters can be critical.
Possible Long-Term Effects
An impaired driving charge can reach beyond your licence, affecting employment, travel plans, and insurance rates. Understanding these potential consequences early helps you plan and make informed decisions. It is also important to follow any release conditions and attend all required court appearances.
Being charged does not mean you are automatically guilty. Every person has the chance to be heard and to challenge the evidence against them.
With the right support and information, you can navigate this process with greater confidence. If you or someone you know is facing an impaired driving or Over 80 charge in Toronto, contact Robb MacDonald at (416) 315-1505 or email rm@lawintoronto.com to discuss your options.