DUI Penalties in Ontario — Fines, Licence Suspension & Criminal Record

Criminal Penalties Under the Criminal Code

The Criminal Code of Canada prescribes escalating mandatory minimum penalties for impaired driving offences based on the number of prior convictions. These apply to all three main impaired driving charges: impaired operation (section 320.14(1)(a)), over 80 (section 320.14(1)(b)), and refusal to provide a breath sample (section 320.15).

These mandatory minimums cannot be reduced by the sentencing judge. A first offence will result in, at minimum, a $1,000 fine and a one-year driving prohibition. A second offence means at least 30 days in custody. A third means at least 120 days.

Administrative Penalties Under Ontario Law

In addition to the Criminal Code penalties, Ontario imposes its own layer of administrative consequences through the Highway Traffic Act and related regulations. These are separate from the criminal sentence and apply independently.

90-Day Administrative Licence Suspension

Upon being charged with impaired driving, over 80, or refusal, the Ministry of Transportation of Ontario imposes an immediate 90-day administrative licence suspension (ADLS). This takes effect at the roadside, before you have been convicted of anything. It is not a criminal penalty — it is an administrative measure. You can apply for a review of the ADLS, but the grounds for overturning it are limited.

Seven-Day Vehicle Impoundment

For a first-time charge, your vehicle will be impounded for seven days at the roadside. The impoundment costs — towing and daily storage fees — are your responsibility. For a charge involving a BAC at or above 160 mg per 100 mL of blood, or a refusal, the vehicle may be impounded for a longer period.

Back on Track Program

After a conviction, you must complete Ontario’s Back on Track remedial measures program before your licence can be reinstated. The program includes an assessment, an education or treatment workshop (depending on your assessment results), and a follow-up interview. The cost of the program ranges from approximately $600 to $800, and failure to complete it will prevent licence reinstatement.

Ignition Interlock Device

Following completion of your driving prohibition, you must install an ignition interlock device in your vehicle. The device requires you to provide an alcohol-free breath sample before the engine will start. It also demands random rolling samples while you are driving and logs all results.

The mandatory interlock periods are:

• First offence: minimum 1 year
• Second offence: minimum 3 years
• Third or subsequent offence: minimum 6 years

The annual cost of the interlock program — including installation, monthly rental, calibration, and monitoring — is typically between $1,500 and $2,500. Ontario does offer a reduced suspension with interlock conduct review program that allows for earlier interlock installation, which can reduce the total time without driving privileges.

Insurance Consequences

A DUI conviction is classified as a major conviction by Ontario auto insurers. The insurance impact is often the single largest financial consequence of a DUI, exceeding the criminal fine by orders of magnitude.

Following a conviction, you can expect:

• An immediate premium increase of $5,000 to $10,000 per year or more
• Potential cancellation or non-renewal of your policy by your current insurer, requiring you to obtain coverage through the high-risk insurance market
• The conviction affecting your insurance rates for a minimum of six years, and often longer
• A total insurance cost over the years following conviction that can exceed $50,000

People who depend on driving for their livelihood — commercial drivers, delivery workers, real estate agents, tradespeople — face an even more severe impact, as a DUI conviction can effectively end their ability to work.

Criminal Record

A DUI conviction results in a permanent criminal record. Unlike provincial offences, an impaired driving conviction under the Criminal Code does not expire. It will appear on every criminal record check — for employment, professional licensing, volunteer positions, and immigration purposes — unless you apply for and receive a record suspension (formerly called a pardon) from the Parole Board of Canada.

You cannot apply for a record suspension until five years after completing your entire sentence for a summary conviction offence, or 10 years for an indictable offence. “Completing your sentence” includes paying your fine, serving your driving prohibition, and completing the interlock period. The record suspension application itself is lengthy and is not guaranteed to be granted.

US Travel Ban

A DUI conviction makes you inadmissible to the United States. U.S. Customs and Border Protection has real-time access to Canadian criminal records through shared law enforcement databases, including CPIC. You can be — and regularly are — turned away at the border.

To enter the United States with a DUI conviction, you would need to apply for a U.S. Entry Waiver (Form I-192). The application process involves providing documentation to U.S. Customs and Border Protection and paying an application fee. Processing times can be lengthy, and the waiver is typically granted for a limited period and must be renewed.

For the many Ontarians who cross the border regularly for work, family, or leisure, the US travel ban is one of the most immediately disruptive consequences of a DUI conviction.

Employment and Professional Licensing

A criminal record for impaired driving can affect current and future employment. Many employers conduct criminal record checks as part of their hiring process, and some regulated professions — law, medicine, nursing, teaching, accounting, real estate, and others — require members to disclose criminal convictions. A DUI conviction may trigger a professional conduct review and, in some cases, suspension or revocation of a professional licence.

Positions that require driving as part of the job — trucking, delivery, taxi and rideshare, field sales — are directly affected by the licence suspension and interlock requirements, even apart from the criminal record.

Why These Penalties Make Fighting the Charge Worth It

There is overwhelming pressure to plead guilty to impaired driving charges. The Crown often presents a straightforward resolution, and the process of fighting the charge takes time and costs money. But the consequences of a conviction — the criminal record, the driving prohibition, the interlock, the insurance increases, the travel ban, the professional impact — last for years and cost far more than the legal fees to mount a defence.

Many DUI charges have viable defences. Charter violations during the stop or arrest, breathalyzer errors, right to counsel issues, and insufficient evidence of impairment are all common grounds on which charges are reduced or withdrawn entirely. The firm has seen cases where over 80 charges were resolved to non-criminal Highway Traffic Act offences after the defence identified weaknesses in the Crown’s evidence, and cases where clients were acquitted outright at trial.

If you are facing an impaired driving charge in Ontario, contact our office to discuss your case before making any decisions about a plea.