Being charged with impaired driving can be stressful and confusing. Many people have never dealt with the criminal justice system before, and it can be difficult to know what comes next. In Toronto, impaired driving charges fall under Section 320.14 of the Criminal Code of Canada, and understanding the process can help make things clearer.
What Is Impaired Driving?
Under Section 320.14(1) of the Criminal Code, 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 equal to or exceeding 80 mg of alcohol per 100 mL of blood (“Over 80”) within two hours of driving; or
- Exceed the prescribed legal limits for drugs, or a combination of alcohol and drugs, within two hours of driving.
These laws apply to all types of conveyances — not only cars, but also boats, e-bikes, and off-road vehicles. Police can stop a driver if they have reason to believe the person’s ability to operate the vehicle is impaired and may request roadside testing, such as a breath sample.
What Happens After an Arrest
If you are arrested for impaired driving in Toronto, police will typically take you to a station for further testing. Depending on the results, you may be charged with:
- Operation while impaired (by alcohol or drugs),
- Over 80, or
- Both offences.
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 prosecutor will disclose the evidence they intend to rely on, and you or your lawyer will have an opportunity to review it.
Working with a Toronto impaired driving lawyer early in the process can make things easier. A lawyer can explain what to expect, help you understand your disclosure materials, and ensure that your rights are protected at every stage.
Immediate Consequences
Ontario law includes immediate administrative penalties that take effect right after an arrest, even before your case is resolved in court. These can include:
- A temporary driver’s licence suspension,
- Vehicle impoundment for a short period, and
- Fees to reinstate your licence.
These penalties are not the same as a conviction. They are meant to protect public safety while your matter proceeds through the legal system.
How Impaired Driving Cases Are Decided
Each case is unique. The outcome will depend on several factors, including:
- How the traffic stop occurred,
- Whether proper testing procedures were followed, and
- The quality of the evidence the Crown relies on.
Because impaired driving laws are highly technical, even small details can make a significant difference. Having a lawyer who understands how Toronto courts handle these cases can be critical to assessing the evidence and developing a defence strategy.
Possible Long-Term Effects
An impaired driving charge can have effects beyond your licence. It can impact employment opportunities, travel plans, and insurance rates. Understanding these potential consequences early on helps you plan and make informed decisions.
It is also important to follow any release conditions and attend all required court appearances. Staying organized and informed can help reduce the stress of the process.
Moving Forward
Being charged with impaired driving does not mean you are automatically guilty. The justice system is designed to ensure that 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 and clarity.
If you or someone you know is facing an impaired driving or Over 80 charge in Toronto, it may help to speak with an experienced Toronto impaired driving lawyer. Contact Robb MacDonald today to discuss your situation and learn about your options.
(416) 315-1505