Understanding Impaired Driving Penalties in Ontario
While driving impaired does not always lead to jail time, there is a range of applicable penalties that can be very severe.
Immediate Penalties for Impaired Driving
In Ontario, even failing a field sobriety test or, for new drivers, breaching the zero-tolerance alcohol policy, can result in immediate penalties. These include:
license suspensions
Fines
Vehicle impoundment
License reinstatement fees
Ignition interlock device requirement
Mandatory education or treatment programs (for example: the back on track program)
Penalties Following a Criminal Conviction
If you are criminally convicted in court, the penalties escalate significantly. There are mandatory minimum penalties that apply for all impaired driving offences. This includes the offence of failure or refusal to provide a sample. The sentences can be much higher, including jail sentences, even for first offenders - particularly if an accident or injury is involved. The minimum sentences for impaired driving offences are:
First Offence:
Criminal record
One-year license suspension
Fines starting at $1,000 depending on the level of alcohol
Mandatory education or treatment program
Ignition interlock device requirement for one year
Second Offence:
Criminal record
30 days jail
Three-year license suspension
Ignition interlock device requirement for 3 years
Mandatory education or treatment program
Subsequent offences
Criminal record
120 days jail
Lifetime license suspension (this may be reduced after 10 years if certain criteria are met)
Six-year ignition interlock device requirement
Mandatory education or treatment program
Why These Penalties Matter
The penalties for impaired driving are designed to act as a deterrent and to ensure public safety. If you or someone you know has been charged with impaired driving, it’s essential to act quickly. Our experienced legal team is here to help. Contact our office today for guidance and support.
First time offenders for drinking and driving offences are subject to less severe treatment by the Court than repeat offenders, but even for a first offender, the effects can be life changing. Having a criminal record can affect all areas of a person’s life, so it is important to retain experienced legal counsel to assist in defending these charges.