Charged With Impaired Driving? What Happens Next
An impaired driving charge can trigger criminal proceedings and immediate licensing consequences at the same time. Understanding both is important from the start.
What happens after an impaired driving charge in Ontario?
Understand the immediate licence consequences
The effects of an impaired driving investigation can begin before the criminal case reaches court. In Ontario, circumstances such as a blood alcohol concentration of 0.08 or higher, refusing or failing to comply with certain testing demands, or specified drug-related findings can result in an immediate 90-day administrative licence suspension and other provincial consequences.
These administrative measures are separate from the question of whether the person will ultimately be convicted in criminal court. Ontario also changed aspects of its impaired-driving penalty framework effective July 1, 2026, including licensing and ignition-interlock consequences following criminal convictions.
Review how the impaired driving evidence was obtained
The evidence can look very different from one impaired driving case to another. An alcohol investigation may involve roadside screening, approved instrument testing, police observations, timing records, and breath-test documentation. Drug allegations can involve physical coordination testing, drug recognition procedures, bodily-fluid samples, toxicology, or medical information.
A meaningful defence review looks beyond the final test result. The traffic stop, detention, police demands, timing, statements, Charter compliance, device or laboratory records, and complete disclosure can all affect how the evidence should be interpreted and whether particular evidence can be relied upon.
Prepare for the criminal court process
After charges are laid, you will receive information about upcoming court appearances and eventually disclosure relating to the prosecution’s case. The early stages are used to obtain and review that evidence, identify legal issues, and determine how the case should move forward.
Avoid assuming that the charge or roadside suspension determines the final result of the criminal matter. An impaired driving case is evidence-specific, and different issues can arise depending on whether the allegation involves alcohol concentration, observable impairment, drug impairment, refusal, or a combination of offences. Legal advice can help identify which issues actually apply to your file.
