In some cases impaired driving charges can be reduced to a lesser offence or withdrawn entirely. The likelihood will depend on the strength of the Crown’s evidence, the availability of Charter-based defences, and your personal circumstances. In certain situations, negotiations with the Crown may result in a plea to a non-criminal offence under the Highway Traffic Act, which avoids a criminal record, but can still have significantly impact your ability to drive. Every case is different, and having an experienced defence lawyer assess your disclosure is key to determining whether a reduction or withdrawal is possible.

In Ontario, impaired driving offences carry strict mandatory minimum penalties under the Criminal Code. For a first offence, the minimum is a $1,000 fine and a one-year driving prohibition. A second offence carries a mandatory minimum of 30 days in jail, while a third or subsequent offence carries at least 120 days in jail. Additional penalties may include longer licence suspensions, ignition interlock requirements, and significantly higher insurance premiums. These mandatory minimums apply even if the circumstances of the offence are minor, which is why it’s critical to have an experienced defence lawyer review your case and explore every possible defence.

In Ontario, a conviction for impaired driving automatically triggers a mandatory licence suspension. For a first offence, the suspension is at least one year. A second offence carries a minimum three-year suspension, and a third offence results in a lifetime ban (which may be reduced to 10 years in some circumstances). These suspensions are in addition to immediate roadside licence suspensions that apply at the time of arrest. Because the consequences are so severe, it is vital to consult a criminal defence lawyer to explore every possible defence.

Defences to impaired driving charges are often highly technical and depend on the specific circumstances of your case. Common defences include challenging the legality of the traffic stop, questioning whether police had proper grounds to demand a breath sample, examining whether the breathalyzer or roadside testing device was properly maintained and operated, and raising Charter challenges such as denial of the right to counsel. In some cases, the Crown may not be able to prove impairment beyond a reasonable doubt or the identity of the driver. An experienced impaired driving lawyer can identify and pursue the strongest defences available.