DUI Lawyer in Toronto: What to Do After a Charge

What to do right now if you were charged with impaired driving in Toronto

Being charged with impaired driving is stressful, especially in the first few days. You are presumed innocent, and the steps you take now can protect your options later.

• Use your right to a lawyer. Under section 10(b) of the Canadian Charter of Rights and Freedoms, you have the right to speak to a lawyer without delay after arrest. If you do not have one, you can ask police to connect you with free duty counsel, a lawyer available to give quick advice.
• You have the right to stay silent. Apart from basic identifying information, you generally do not have to answer police questions about your drinking, your driving or where you were. Breath or blood samples are different: refusing a lawful demand is a separate criminal offence.
• Follow your release conditions. If you were released on an undertaking or an appearance notice, read it carefully. Breaking a condition can lead to a new charge.
• Keep every piece of paper. This includes your release document, any breath test printouts or certificates, the notice of your 90-day Administrative Driver's Licence Suspension (ADLS) and any vehicle impoundment notice.
• Note your first court date. It is printed on your release document. Missing it can lead to a warrant for your arrest.
• Write down what you remember while it is fresh: times, what you ate and drank, what officers said, and when you were allowed to call a lawyer.

If you would like a lawyer to review your situation, you can request a free, confidential first consultation with an independent criminal defence lawyer using the form on this page.

How an impaired driving case moves through the courts in Toronto

In Ontario, police lay charges themselves. Once a charge is laid, the case is prosecuted by Crown attorneys of the Ministry of the Attorney General. The Crown attorney (the prosecutor) decides how the case will proceed and whether it should continue.

1. First appearance. Most impaired driving cases in Toronto start in the Ontario Court of Justice. The first appearance is usually short. A lawyer can often appear on your behalf.
2. Disclosure. The Crown must give you the evidence it has, called disclosure. In an impaired driving case this often includes officers' notes, breath instrument records, booking video and any dash camera footage.
3. The Crown's election. Offences under section 320.14 of the Criminal Code are hybrid offences. The Crown chooses to proceed summarily (the less serious route) or by indictment (the more serious route). Most cases stay in the Ontario Court of Justice; some indictable cases can go to the Superior Court of Justice.
4. Resolution or trial. Your lawyer may meet with the Crown and a judge to discuss the case. Some cases are withdrawn, some are resolved, and others go to trial, where the Crown must prove the charge beyond a reasonable doubt.

Toronto's courts are busy, and cases often take several months or longer. The Charter protects your right to be tried within a reasonable time, and a lawyer can watch for unreasonable delay.

What a DUI lawyer can do for you

Section 320.14 covers several offences: driving while impaired by alcohol or drugs, and having a blood alcohol concentration of 80 mg or more per 100 mL of blood within two hours of driving (often called "over 80"). A lawyer will look closely at how the evidence was gathered.

The demand and the testing

Police can demand a roadside breath sample on an approved screening device, and in some cases a sample on an approved instrument at the station, a drug evaluation or a blood sample. A lawyer can check whether each demand was lawful and made properly.

The breath or blood evidence

Results depend on correct procedures, timing and equipment. A lawyer can review instrument records, the timing of samples and how blood was taken and analysed.

Charter issues

If police stopped, detained or searched you unlawfully, or delayed or denied your right to a lawyer, a court may exclude evidence. This can change the outcome of a case.

Your licence and vehicle

In Ontario, a 90-day ADLS and vehicle impoundment are administrative measures that can apply right away, separate from the criminal case. Getting your licence back after 90 days does not end the charge, and a conviction carries its own driving prohibition. A lawyer can explain how these pieces fit together.

Impaired driving in Toronto: what the numbers show

According to Statistics Canada police-reported data, the Toronto police service area recorded 1,578 impaired driving incidents in 2025, a rate of 48.23 per 100,000 people, with 1,479 persons charged.

Year	Toronto rate	Incidents	Ontario rate	Canada rate
2016	48.89	1,380	106.64	197.46
2020	37.97	1,121	102.72	204.68
2022	53.19	1,587	105.2	181.64
2025	48.23	1,578	94.67	161.82

Toronto's rate fell to a low of 37.97 in 2020, rose to a peak of 53.19 in 2022, and has eased slightly since. The number of incidents was highest in 2023, at 1,606. Toronto's rate is about half of Ontario's and less than a third of the national rate. You can explore more data on crime statistics for Toronto or follow Ontario crime news.

Possible penalties and other consequences

Impaired driving is a hybrid offence. The Criminal Code sets mandatory minimum penalties, including a minimum fine for a first offence and jail for repeat offences, plus a mandatory driving prohibition. Higher blood alcohol readings, injuries or repeat offences can lead to heavier sentences. The maximum is two years less a day on summary conviction and longer by indictment.

A conviction also brings a criminal record, which can affect:

• Travel: you may be refused entry to the United States and other countries.
• Immigration: permanent residents and foreign nationals can face serious consequences, including loss of status.
• Work: jobs that involve driving, security checks or professional licences may be affected.
• Insurance: your car insurance may rise sharply.

For more detail, read our guide to being charged with impaired driving in Ontario and our national guide to this offence.

Choosing a lawyer and paying for one

When you speak with a lawyer, it can help to ask:

• How much of your practice is impaired driving defence?
• What do you see as the main issues in my case?
• Who will handle my file and appear in court?
• How are fees charged, and what is included?

Fees vary with the complexity of the case and whether it goes to trial, and are discussed at the first meeting. If you have a low income, you can apply to Legal Aid Ontario. Duty counsel at the courthouse can also help with your first appearances, though they cannot usually take on your whole case.

If you are the complainant or victim

If you were hurt or affected by an impaired driver in Toronto, you can report it to police. Victim Services Ontario can offer support and information about the court process. If the accused has no-contact conditions, police can act if they are broken. You can also get your own legal advice: request a free victim consultation.

Free, confidential consultation

Crime Canada is not a law firm and does not give legal advice. When you fill in the form on this page, your request goes to an independent criminal defence lawyer. The firm reviews it, and a lawyer contacts you to discuss your situation. There is no lawyer-client relationship until you and the lawyer both agree to one. You can request your free consultation here.

This page is general information, not legal advice. Every case depends on its own facts.

Frequently asked questions

How much does a DUI lawyer in Toronto cost?

It depends on the lawyer, the complexity of your case and whether it goes to trial. Many lawyers explain their fees, and what those fees include, at the first meeting, so ask directly. If you have a low income, you may qualify for help from Legal Aid Ontario, and duty counsel at the courthouse can assist with early court appearances at no cost.

Do I need a lawyer for a first impaired driving offence?

You are not required to have one, but a first offence still carries mandatory minimum penalties, a driving prohibition and a criminal record if you are convicted. A lawyer can review the breath or blood evidence, check for Charter issues and explain your options. Many people find it helpful to at least get advice before deciding how to proceed.

Will I lose my licence right away in Ontario?

Often, yes. Ontario can impose a 90-day Administrative Driver's Licence Suspension and vehicle impoundment shortly after the charge. These are administrative measures separate from the criminal case. Getting your licence back after 90 days does not end the charge, and a conviction would bring a separate driving prohibition under the Criminal Code.

Can I refuse a breathalyzer test in Toronto?

Refusing or failing to comply with a lawful demand for a breath or blood sample is a separate criminal offence, with penalties that can be as serious as impaired driving itself. Whether a demand was lawful is something a lawyer can review afterwards. If you have already been charged with refusal, get legal advice about the details.

Will I go to jail for a first DUI in Toronto?

For a first offence with no injuries, the Criminal Code minimum is a fine plus a driving prohibition, not jail, though higher blood alcohol readings increase the minimum fine. Jail becomes more likely with repeat offences, very high readings, or accidents causing harm. The outcome depends on the facts, and a lawyer can explain what may apply to you.

How long does an impaired driving case take in Toronto?

It varies. Many cases in the Ontario Court of Justice take several months, and those going to trial can take longer. The Charter protects your right to be tried within a reasonable time. Your lawyer can keep the case moving, review disclosure as it arrives and raise delay if it becomes unreasonable.