Ontario Impaired Driving Sentences Explained
In Ontario, if you are facing DUI charges—Impaired Driving, Driving Over .80, or Refusing to Provide a Sample—it’s important to recognize the seriousness of the situation.
If you think the consequences end with paying a fine, you need to read this.
Impaired driving charges are criminal charges. They can have life-long effects: major financial costs, damage to your family and career, and serious restrictions on your freedom.
For those living in rural areas or small towns like Pembroke or communities across Renfrew County and the Ottawa Valley, the fallout can be even worse due to limited transportation options and the impact on employment.
Here’s a breakdown of the penalties and costs so you know what is truly at stake.
Impaired Driving Laws in Ontario
Ontario has strict impaired driving laws, and they are vigorously prosecuted at the Pembroke Courthouse. In fact, Renfrew County often imposes some of the heaviest penalties for impaired driving charges in the province.
Broadly speaking, what many people call “DUI” charges fall into three categories:
Impaired Operation: This means a driver has consumed alcohol and their ability to operate a vehicle is impaired as a result.
Does the car need to be running? No.
Do the keys need to be in the ignition? No.
Do you need to intend to drive? No.
Simply being in the vehicle with the potential to put it in motion (“care and control”) while impaired can be enough for a charge. It doesn’t matter how much alcohol is in your system—if it affects your ability to drive, you can be charged.
Over .80: Often confused with impaired driving, this charge applies if you have more than 80 mg of alcohol per 100 mL of blood. Like impaired driving, the vehicle doesn’t need to be moving; being in care and control is enough. This charge penalizes a driver solely for blood-alcohol level, regardless of actual driving ability.
Refusing to Provide a Sample: If police suspect you of impaired driving, they can demand a roadside breath sample. If they have reasonable grounds to believe you are impaired, they can require a second test using an Intoxilyzer at the police station. Refusing either test is a criminal offence and carries penalties similar to impaired driving itself.
All three charges carry comparable sanctions. Refusing to blow can be devastating—even if you hadn’t been drinking.
More severe factors can increase penalties dramatically, including:
Repeat offences
High BAC readings
Collisions
Impaired driving causing bodily harm or death
Even seemingly minor infractions can be serious for certain drivers:
Commercial drivers
Novice drivers
Drivers under 21
Ontario has zero tolerance laws for these groups. Any detectable alcohol can result in immediate licence suspensions and fines—even if BAC is below .80.
Sentencing
Sentences vary depending on the facts of each case, but impaired driving is one of the few remaining criminal offences with mandatory minimum penalties.
For a first offence, the minimum penalties include:
A $1,000 fine
1 year of driving with an ignition interlock device after licence reinstatement
Mandatory completion of the Ontario Education/Treatment Program
Think of these as the starting point. Judges can impose harsher penalties but cannot go below these minimums.
Costs Beyond the Fine
How does a $1,000 fine become a $70,000 liability? The cost of an impaired charge is shockingly higher than most people realize – even after they have entered a guilty plea and paid the fine.
The court fine is only the beginning. The real cost of a drunk driving conviction must factor in surcharges, fees, insurance, employment consequences and long-term costs. The financial impact of a conviction is staggering.
Even if someone were to have the minimum sentence for a first offence, the cost consequences are substantial and compound with time. In the first year after a plea, you can expect approximately $8,500 to 14,000 in additional costs: the victim fine surcharge, licence reinstatement fee, mandatory alcohol education program, ignition interlock installation/lease/removal, towing and impound fees and increased insurance premiums.
Five years after the conviction, you can expect anywhere from $25,000-$50,000 above normal rates over five years. Lost job opportunities or the requirement to get a new job (if you require transportation to your job, if you must drive for your job, or if you cannot keep your job with a criminal record). Overall, the subtotal over five years is anywhere from $25,000-$60,000 – or more, depending on the effect on your career.
These costs continue to affect drivers over the next years, reaching over $70,000 in costs. The fine becomes the least of your worries.
Reinstating your Licence
Eventually, you will need to get your licence back. In order to obtain your licence, a few things need to be completed. Even if you enter a plea within the first 90 days, you will be prohibited driving for the first 90 days after your plea. During this time, you cannot drive any vehicle.
You must then pay all fines and complete the Back on Track Program through the Ontario Ministry of Transportation. After you have paid for and completed the course, you can go to Service Ontario to reinstate your licence.
However, even after you are allowed to drive, in Ontario you must obtain an Interlock Device (either by leasing it or buying it outright) if you wish to drive during the prohibition period. You will need to find an authorized installer to connect the device to your car. Once the device is connected, you may drive that vehicle for the remainder of the prohibition.
As the process involves several branches of the government, it can be tricky and confusing to follow all of the requirements to be able to get your licence back. A lawyer can help guide you through the process. Caution and diligence is key here: driving while prohibited can lead to new criminal charges, driving prohibitions and jail. You need to ensure you are only operating your vehicle with the utmost care.
Key Takeaways
Impaired driving is often a poor decision made hastily that can cause years and years of financial, liberty, and personal life stressors. If you or your loved one has been charged with Impaired driving, ensure you obtain a lawyer’s help immediately. A lawyer can review your case and explore avenues to fight the charges or explore alternative resolutions that can minimize the impact on your life.
Contact Primeau Law today for a consultation on what steps you can take now to minimize the consequences of an Impaired Conviction today.