What Happens After a DUI Arrest in Ontario?
Being arrested for impaired driving, often called a DUI in Ontario, is a stressful and confusing experience. Many people don’t know what happens next or how the process unfolds. While every case is different, there are several steps that almost all individuals face after being charged with impaired driving in Ontario.
The Traffic Stop and Initial Investigation
A DUI arrest often begins with a traffic stop. Police may pull over a driver for speeding, erratic driving, to check sobriety, or as part of the roadside R.I.D.E. program. An officer may also stop a vehicle simply to verify that the driver has a valid drivers licence, insurance, and ownership documents.
Thereafter the officer, if he or she wishes, can then make a demand for a roadside sample of breath, sometimes referred to as a roadside screening test or a Standardized Field Sobriety Test SFST). For alcohol, if there is a lawful stop the officer does not need to first suspect alcohol consumption in order to make this demand. For drugs however, the officer must have reasonable suspicion that the driver has drugs in their system before requesting roadside testing.
Failing the test (i.e. by providing an inadequate sample), or outright refusing it, will likely lead to an arrest and criminal charges. There are defences available when charged with failing or refusing to provide a roadside sample.
Being Arrested and Taken into Custody
If police believe there is evidence of impairment, or if the roadside test result indicates that the driver is over the legal limit, they will place the driver under arrest. At this stage, individuals are supposed to be advised as follows:
1. That they are under arrest;
2. The charge(s) that they are arrested for;
3. Rights to counsel, including the right to speak to counsel of their own choice, or a free duty counsel;
4. And cautioned regarding providing statements.
After the arrest, the individual is transported to the police station for additional testing and is usually kept in custody until sober enough to be released. The charges that may follow include impaired operation, driving with a blood alcohol concentration “80 mg or more,” (often referred to as “over 80”) and/ or failing or refusing to comply with a demand.
Immediate Licence Suspension and Vehicle Impoundment
Ontario’s Administrative Driver’s Licence Suspension (ADLS) program imposes automatic consequences the moment someone is charged with impaired driving. This includes an immediate 90-day licence suspension and a seven-day vehicle impoundment. These penalties are applied right away, regardless of the outcome in court.
Release Conditions and Court Paperwork
Once the arrest and processing are complete, individuals may be released with certain documents that outline the next steps in the process. This can include paperwork such as a Promise to Appear in court and a Notice of Suspension relating to the person’s driver’s licence. Depending on the circumstances of the case, there may also be additional conditions attached to the release. These can vary but may involve restrictions on alcohol use, requirements to remain in a particular jurisdiction, restrictions on driving, or other limitations set by the authorities. In serious cases, the individual under arrest can be held for a bail hearing.
It’s important to pay close attention to the first court date listed on this paperwork, as it marks the beginning of the formal proceedings. Missing this appearance can lead to more complications, including the possibility of additional charges. While the specific documents and conditions differ from case to case, they all serve to ensure that individuals remain accountable throughout the legal process.
The Court Process Explained
The court process following a DUI arrest in Ontario typically unfolds in several stages:
First Appearance:
A short hearing where the accused is expected to appear, often to receive disclosure (the evidence collected by police).
Disclosure Review:
This package can include police notes, witness statements, and
technical records such as breathalyzer calibration logs.
Pre-Trial Discussions:
The Crown and Defence may meet to discuss possible resolutions
or narrow down trial issues.
Trial:
If no resolution is reached, the matter proceeds to trial where evidence and testimony are presented. In some instances, a judicial pretrial is conducted prior to setting trial dates. At the judicial pretrial the defence counsel, the crown and a Judge (who will not be the trial judge) may discuss possible resolution, triable issues and estimate the time for trial.
This process can take months or longer depending on the complexity of the case and the court’s schedule.
The Consequences of a DUI Conviction in Ontario
A conviction for impaired driving carries escalating penalties depending on whether it’s a first, second, or subsequent offence.
First offence:
Minimum fine of $1,000, a one-year licence suspension, and mandatory completion of an education program before reinstatement. The minimum fine for
impaired operation is $1000.00. With respect to “80 plus” (over 80) charges there is a graduated scale. Readings of 119 or less the minimum fine is $1,000.00. Readings of 120 – 159 the minimum fine is 1500.00 and readings 160 or more the minimum fine is 2000.00.
Second offence:
At least 30 days in jail, and a minimum licence suspension of 2 years.
Third or subsequent offences:
A minimum of 120 days in jail, minimum licence suspension of 3 years.
Other consequences may include victim surcharges, mandatory treatment programs, and probation orders. The Ministry of Transportation also imposes ignition interlock device restrictions, which add both cost and inconvenience to regaining driving privileges. For novice and young drivers (under 21), Ontario enforces a strict zero-tolerance policy, meaning any detectable alcohol or drug use can result in immediate penalties. Commercial drivers are held to the same standard.
Next Steps
Facing an impaired driving charge in Ontario is obviously not something to take lightly. From the moment of arrest, the process can move quickly. Beyond the legal procedures, a conviction can carry long-term consequences that affect everything from your ability to drive, a criminal record, possible immigration consequences and even your ability to travel outside of Canada.
This article is meant to provide an overview of what typically happens after a DUI arrest, but every case is different and the stakes can be high. The decisions made early on can have a lasting impact, which is why it’s important to get clear information about your options as soon as possible.
If you or someone you care about is dealing with an impaired driving charge, don’t wait until the situation feels overwhelming. Reach out to Daley Byers Criminal Lawyers to schedule a free and confidential consultation with experienced defence lawyers who can guide you through the process. The lawyers at Daley, Byers have successfully defended thousands of clients charged with a refuse sample, DUI or impaired driving. We will go to court for you, you will not have to attend until absolutely necessary.
Disclaimer: The information in this article is provided for general informational purposes only and does not constitute legal advice. Every situation is unique, and readers should not act or refrain from acting based on this content without seeking advice from a qualified lawyer regarding their specific circumstances.