Impaired driving is a charge under the Criminal Code. Section 320.14(1) covers operating a conveyance while impaired to any degree by alcohol or a drug. It also covers operating a conveyance with a blood alcohol concentration of 80 mg in 100 mL of blood or more within two hours of operating. Under s. 320.19(1), the offence, and failing or refusing a demand, carries up to 10 years on indictment. The same section sets a minimum $1,000 fine for a first offence, 30 days' imprisonment for a second and 120 days for each later one. A first offence also carries a driving prohibition of one to three years, plus any time sentenced to imprisonment (s. 320.24). These are the limits Parliament has set. They say nothing about what will happen in any one case.
In Ontario, 650 lawyers are listed here as taking impaired driving and other driving charges. Thirty-nine cities have their own page for this charge. Toronto has 130 listed lawyers, Mississauga 79, Brampton 66, North York 50 and Ottawa 42. Scarborough has 25, London 21, Windsor 15, Hamilton 14 and Kitchener 13. If you are charged in or near one of these places, its city page lists the lawyers there.
The national guides linked on this page explain each specific charge. They cover impaired driving, dangerous operation, fail to remain, driving while prohibited, careless driving, Highway Traffic Act offences and licence suspensions. Read the one that matches the charge on your paperwork. If you are not sure which one that is, a lawyer can tell you what you are charged with.
Anyone who is arrested or detained has rights under the Canadian Charter of Rights and Freedoms. Section 10 says you must be told the reasons promptly, and that you can retain and instruct counsel without delay and must be told of that right. A listing on this page is not a recommendation, and the page does not rank lawyers. It is general information, not legal advice.
Common questions about impaired driving and other driving charges
Who takes impaired driving cases near me?
There are 650 lawyers listed in Ontario for impaired driving and other driving charges. Thirty-nine cities have their own page for this charge. Toronto has 130 listed, Mississauga 79, Brampton 66, North York 50 and Ottawa 42. Open the page for the city closest to you to see the lawyers listed there.
What penalties does the Criminal Code set for impaired operation?
Section 320.19(1) sets a maximum of up to 10 years on indictment. It also sets a minimum $1,000 fine for a first offence, 30 days' imprisonment for a second and 120 days for each later one. Under s. 320.24, a first offence carries a driving prohibition of one to three years, plus any time sentenced to imprisonment. These are legal limits, not a forecast for any person.
What does impaired operation mean in the law?
Section 320.14(1) covers operating a conveyance while impaired to any degree by alcohol or a drug. It also covers a blood alcohol concentration of 80 mg in 100 mL of blood or more within two hours of operating.
Do I have a right to speak to a lawyer after an arrest?
Section 10 of the Charter says everyone who is arrested or detained has the right to be told the reasons promptly. They also have the right to retain and instruct counsel without delay and to be told of that right.
Which court do these charges start in?
Every charge under the Criminal Code starts in the Ontario Court of Justice, and about 95% are completed there.
General information, not legal advice. A listing is not an endorsement; each lawyer and firm is independent.