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Criminal Code of Canada – Impaired Driving
Impaired driving offences in Toronto and across Ontario are governed by the
Criminal Code of Canada. These laws are federal and apply uniformly
throughout Canada. Ontario imposes additional administrative penalties, but the
criminal charges themselves arise from the Criminal Code.
Main Criminal Code Sections
Impaired driving offences are found under Part VIII.1 of the Criminal Code,
sections 320.11 to 320.4.
Impaired Operation
Section 320.14(1)(a)
It is an offence to operate a motor vehicle while your ability to do so is
impaired by alcohol or a drug.
- No minimum blood alcohol level is required
- Impairment may be based on driving pattern, physical symptoms, or police observations
- Applies to alcohol, drugs, or a combination of both
Over 80 / Exceed Blood Alcohol Concentration
Section 320.14(1)(b)
It is an offence to operate a motor vehicle with a
blood alcohol concentration of 80 mg or more per 100 ml of blood.
- Commonly referred to as “Over 80”
- Based on breath or blood test results
- The focus is on the reading, not visible impairment
Over 80 Within Two Hours of Driving
Section 320.14(1)(c)
It is an offence to have a blood alcohol concentration of
80 mg or more within two hours after driving, unless alcohol was consumed
only after driving and before testing.
- Frequently charged in Ontario
- Introduced to address so-called “bolus drinking” defences
- Still subject to constitutional and evidentiary challenges
Drug-Impaired Driving
Section 320.14(1)(d)
It is an offence to operate a motor vehicle with a
prohibited level of a drug in your body.
- Includes cannabis (THC), cocaine, methamphetamine, and other drugs
- Detection may involve oral fluid screening, blood samples, or DRE evaluations
Alcohol and Drug Combination
Section 320.14(1)(f)
It is an offence to operate a motor vehicle with a
combination of alcohol and drugs exceeding prescribed limits.
Refusal or Failure to Comply
Section 320.15
Refusing or failing to comply with a lawful demand for a breath sample,
blood sample, oral fluid sample, or sobriety testing is a criminal offence.
- Penalties are the same as impaired driving
- One of the most aggressively prosecuted charges in Ontario
Criminal Penalties
First Offence (minimum penalties)
- $1,000 fine (Over 80)
- One-year driving prohibition
- Criminal record
Second Offence
- Minimum 30 days jail
- Two-year driving prohibition
Third or Subsequent Offence
- Minimum 120 days jail
- Three-year driving prohibition
Aggravated Impaired Driving
Impaired Driving Causing Bodily Harm – Section 320.19
Impaired Driving Causing Death – Section 320.21
These offences carry significantly increased penalties, including lengthy
penitentiary sentences and permanent driving consequences.
Ontario-Specific Consequences
In addition to criminal penalties, Ontario imposes administrative sanctions under
the Highway Traffic Act and Ministry of Transportation regulations.
- Immediate roadside licence suspensions
- Vehicle impoundment
- Ignition interlock requirements
- Mandatory education or treatment programs
These consequences may apply even if criminal charges are withdrawn or dismissed.
Disclaimer: This information is provided for general educational purposes
only and does not constitute legal advice. Impaired driving law is complex and
highly fact-specific.
Find a Lawyer Who Knows Local Courts
Criminal charges are not something you want on your record. You don’t want to have employers constantly ask about your criminal past. You don’t want to not clear a police background check. It is extremely important that you find an educated, reliable, and experienced lawyer. If you are looking for a DUI lawyer Mississauga professional or a DUI lawyer Richmond Hill, Jonathan Lapid is your go-to reliable option.
Jonathan Lapid, an experienced DUI lawyer Toronto expert that knows the local courts and will provide you with exactly what you need. This includes insightful, helpful, and reliable opinions that you can count on. Flexible appointments and extremely convenient consultation hours. Cost effective rates, and absolutely no hidden costs.
DUI case was something that I could never expect. I thought that I'm done, I panicked a lot and failed my breath sample. Despite these problems Jonathan saved me from deprivation of the driving license!
Shelley Robertson
03:22 15 Nov 22
Jonathan is confident in his actions and this confidence is contagious! It was a pleasure to work with him, I'm glad that I made the right choice.
Sara Hughes
15:59 12 Nov 22
Jonathan became more than a DUI lawyer to me. He is extremely professional and literally saved my life.
Brandi Guerrero
05:07 28 Oct 22
If you were looking for an experienced DUI Lawyer — Jonathan Lapid is your choice. He was honest with me and never gave promises he can't fulfill.
Scott Knopp
04:09 24 Aug 22
We were hanging out with my friends and I suddenly got an emergency call from my work. And, yeah, I got myself into DUI case. I really regret this, I thought that it's time to say goodbye my driving liscence. But Jonathan is an amazing guy! He is a great attorney and my case ended well!read more
Jimmie Bowman
06:13 23 Aug 22
Jonathan Lapid really got me saved! He is an extremely polite man, very professional. He represented me in my DUI case like I was his best friend and not just a customer. Hope u never got in the situation I was. But if this happens I recommend calling Jonathan.read more
Roman Boyd
06:54 21 Aug 22
The best DUI lawyer! Thank you!
Tony Ty
18:19 08 Aug 22
I will never regret hiring Jonathan and his team as my attorney to help with my case, He got me the best deal possible and also was very in top of everything. I can't thank him enough.
Robyn Mason
07:44 17 Jun 22
I had such a great experience working with Jonathan Lapid. He is professional and courteous. Always on time! Any question I had would always be answered quickly. I wouldn’t work with anyone else. Highly recommended.
Darell Ault
08:09 16 Jun 22
Jonathan is the best! Extremely professional and has your best interest at heart. He dealt with my case as if I was his own daughter! I was extremely stressed out and mark put my mind at ease and took care of everything. I'm extremely grateful that I found him. If you need an amazing DUI lawyer he is your guy!read more
Joey Reed
07:22 15 Jun 22
Jonathan Lapid represented my brother and I must say this man is one of the best. He answers my questions when I have concerns and he actually answers the phone. He is a great Attoney he know his work, he goes above and beyond. Thank you!
Nancy Smith
05:10 14 Jun 22
I am beyond grateful for Jonathan and his expertise. He answered all my questions and I truly felt that he cared about my case. I have already urged a few of my friends to contact him! He sincerely saved my life and I am thankful for his guidance.
Alphonso Hancock
15:58 22 Mar 21
Contacting Jonathan Lapid for my recent and unfortunate DUI was the best decision i've ever made. He saved my life, my career, and my troubles with substance use. He is incredibly knowledgeable in what he does and exceeds all your expectations. Thank you Jonathan for everything!read more
Ciara O'neal
11:02 12 Mar 21
I recently got into a DUI situation and did not want my situation getting worse than it already was. Luckily a good friend recommended Jonathan Lapid and I knew I was in good hands. He immediately assisted me and settled a plan on my next steps. He is the definition of a true professional and somebody that I know I can trust no matter the circumstance. I highly recommend him for any of your legal needs.read more
Francisco McClung
09:13 12 Mar 21
Jonathan Lapid is one of the most professional lawyers I have come across. He is honest, patient, and will always go above and beyond with your case. He truly takes the time analyze every aspect of the situation and leaves you feeling as stress-free as possible. He is definitely the lawyer you want representing you!read more
Nicole Treadwell
08:05 06 Mar 21
The best DUI lawyer in Toronto! 5 stars!
Elias Basu
19:52 10 Jan 21
so professional and good person
songonku Bich
20:17 16 Sep 20
I contacted Jonathan Lapid because of an unlawful DUI charge. The police officer that pulled me over didn’t even do a breathalyzer or sobriety test. Jonathan got the charges dropped.This guy is really good at what he does.
Leanne Stead
09:13 06 Jun 20
Jonathan Lapid spoke to me straight up in realistic this is what I’m up against terms. He didn’t sugarcoat a single aspect of my situation. I appreciated his sincere honesty. I knew that I was being listen to and actually heard. He’s highly competent and reliable. He is honestly one of the most thorough and meticulous lawyers I’ve ever met. He went through my file and we had a good talk about how this was going to be handled and how we should proceed. He is an excellent lawyer and I would recommend him to anyone. He is absolutely so worth the money. He is definitely the man you want to represent you!read more
William Mercado
00:54 09 Dec 19
I was going through a hard time due to personal circumstances. I had too much to drink and yes I got pulled over. I had so many thoughts going through my mind. I was worried about the outcome. Would I have to plead guilty? Would I lose my license and driving privileges? Thankfully through Jonathan Lapid’s many years of experience, he reassured me that everything would be fine. I was so relieved that I didn’t lose my license or even worse, get a criminal record. I knew the seriousness of the situation I was in. I’m so glad that I found Jonathan Lapid to represent me.read more
Brian Madigan
13:05 21 Nov 19
Before finding Mr. Lapid I consulted 4 other lawyers who said I don't stand a chance of getting cleared. Fortunately, thanks to Mr. Lapid, I was not charged and avoided losing my job, future job prospects and my security clearance. No one, including myself, believed I would end up paying only a fine.read more
Ashley Edwards
02:14 17 Sep 19
Jonathan Lapid has been the most helpful, responsible, and caring legal representation that you can have for a DUI. He handled himself very professionally in the courtroom and negotiated a very successful deal for me. Although my charges didn’t get dropped, I only paid a small fine in comparison to the large consequences that I was facing. Thank you for your help Jonathan.read more
Thomas Arn
01:24 03 Aug 19
Having Jonathan Lapid as my legal representation was a pleasure and he made me feel confident and calm about my case throughout the entire experience. Yes, I was facing heavy consequences but after Jonathan presented his plan with me and after consulting me on my case, I was confident in Jonathan’s ability. Trusting him was the correct decision since he had the charges dropped and I got to keep my license and not pay any fees!read more
Wolfe James
10:15 31 Jul 19
I came here to say that I really appreciate the hard work and dedication that Jonathan Lapid puts into his work. I was charged with a DUI at a late time in the night. After calling my friend, he told me to immediately call Jonathan and gave me his number. Even though it was an inconvenient time, Jonathan picked up the phone and was ready to take me on and represent me as his client. My levels of anxiety lowered and I am lucky that my friend recommended Jonathan. He had my charges dropped and my license was not suspended!read more
daniel jeglortz
02:57 23 Jul 19
Jonathan Lapid is the best DUI lawyer for any situation. Being charged with a DUI, I was expecting to have my license suspended and to be in a situation I never imagined myself in. This was the opposite, I met with Jonathan and his calm demeanour made me feel that I had made the correct decision when choosing a DUI lawyer. In court, he was very well presented and confident in his information and argument. He had the penalties decreased and I was left paying a small fine. Comparing to the consequences I was facing, Jonathan saved my life! Thank you so much!read more
William A
12:27 22 Jul 19
I am here to thank Jonathan Lapid for his thorough work on my DUI case. After being charged, I looked for a lawyer online that I can call and I found Jonathan Lapid. After asking my friends, they also recommended Jonathan Lapid saying that some have used his services or that they have heard many positives about him. For me, Jonathan had my DUI charge dismissed and I will be forever grateful. Thank you!read more
Frank Plummer
00:58 19 Jul 19
I am always very careful and cautious about drinking with my friends when I know I have to drive home. Unfortunately, a few months ago, I chose to just have a small amount of drinks. I was very responsible and knew my limits. I was feeling well and chose to drive home. It was then that the police pulled me over and had me take a breathalyzer test. I was being charged with a DUI and I was very scared since this is my first encounter with the law. I called one of my trusted friends and they referred me to Jonathan Lapid. He set up a time to meet with me and prepare a plan for how he would help me in my legal troubles. After working the case, Jonathan had the charges dropped based on a constitutional error made by the prosecution. Thank you for your help Jonathan!read more
Harry Vong
16:51 15 Jul 19
I’ve come to say many thanks to Jonathan Lapid for his outstanding work with my case. It calmed me down to know that I had Jonathan working on my case. His manner when talking to me made me feel confident and protected in my case. He is very knowledgeable on fighting off DUI and I am so glad that I trusted him with my case. I’ll recommend your services to everyone!read more
Bruce Parrish
15:25 05 Jun 19
I had a truly remarkable experience having hired Jonathan Lapid. He was very attentive details and very professional in court and outside. He was always very honest and transparent with his objectives and plans. Although this was not he was not the cheapest lawyer, his price is more than reasonable considering the outstanding work that he did for my case. I highly recommend Jonathan Lapid!read more
Gerald Heck
07:05 02 Jun 19
When I was charged with over 80mg, I contacted Jonathan Lapid through a friend that recommended him. I wanted to share my experience. After being charged, I called Jonathan and he quickly picked up. He explained to my that he will meet with me and determine a plan for how to get the best possible outcome for me. He was very responsible when it came to meeting with me as he clearly had prior knowledge on how to handle such cases. When it came to court, he was very clear and confident with the judge and the crown. When I found out that my charges were decreased to only a fine, I was shocked and thankful. I would have been facing a criminal record if not for him! Thank you!read more
James Floyd
16:00 31 May 19
Using Jonathan Lapid as my legal counsel was the best decision I have made. I made a mistake and I was driving while slightly under the influence of alcohol. I didn’t think about the negative consequences that it can have on me. I never thought I’d get caught but I did. I found Jonathan Lapid through the internet and I decided to just try out a consultation on my case. After reviewing my case, he made a plan for how he would help with my situation and get the charges dropped. When we came to court, he was so confident and I felt that I can trust him with my case. My case was dropped and I only had to pay a small fine. I am so fortunate that I landed on Jonathan Lapid, he is definitely the best in the DUI business!read more
Angelo Ross
01:13 30 May 19
When I was charged with impaired driving, I was terrified because of the consequences that I faced. As a business owner, I need my license to operate my business and go to the offices of my clients. Jonathan Lapid was able to prove my good and honest character to the judge and asked for leniency due to my situation. Luckily, I was able to keep my license after paying a fine and my business was able to continue to operate. Thank you Jonathan Lapid for all of your hard work and determination to get a positive result in my case!read more
Justin Richardson
22:56 29 May 19
Thank you to Jonathan Lapid for your help in my son’s case! A few months ago when marijuana was legalized, my son made the mistake of driving under the influence of drugs. When I got the call, I was shocked and worried to death. I didn’t know who would handle this situation and how my son would be able to get out of his mistake. Thankfully, I found Jonathan Lapid who was able to help us with the case. Jonathan found a way that my son’s case can be dropped and it worked. Thank you so much for all the help!read more
Maurice Pike
07:00 28 May 19
The professionalism, care, and assistance that Jonathan Lapid demonstrated is the reason why he is the best DUI lawyer in Toronto. I contacted lawyers before Jonathan and they all told me that there is no hope with my case. It all changed with Jonathan. We sat down to have a meeting and he outlined his clear plan of what to do with my case. He explained to me all of the possible outcomes that may arise from each situation. He was very patient with my case and didn’t rush to get me to plead guilty or settled. At the end, my charges were dropped. Yes, his fee is not the cheapest but he gets the job done and for that, I am very grateful. Thank you for Jonathan Lapid for your help in my case.read more
Steven Stevenson
08:41 26 May 19
I wanted to thank Jonathan Lapid for his hard work on my case! Unfortunately, I was at a friend’s house where I had a few drinks and still chose to drive home. When I was caught by the police I was terrified since I was charged with a DUI. I called my friend and she immediately recommended Jonathan Lapid. After getting his opinion on my case, I felt much better about my case. He was very professional, caring, and understanding of my situation. He was very patient while answering all of my questions about the procedures since I had never been in such a situation before. He made sure that I don’t lose my license and only suffer a small fine, in comparison to what I was facing. Thank you so much for your help!read more
Karl Hooper
05:58 26 May 19
I was driving from downtown and I didn’t feel drunk, however I was stopped by the police and I did blow over 80. The next week I worried about everything, how can I save my license? My friend told me about Jonathan and I instantly called him. To be quite honest I was hesitant at first, however after seeing him in action my confidence was restored. He is a fantastic lawyer and I highly recommend him to anyone!read more
Julio Henson
15:24 05 Apr 19
Jonathan simply saved me and my career. Do not get me wrong, I understand that DUI is a serious offence and you can easily impact others well-being by neglecting "don't drink and drive rule" but my job requires me to drink on the meetings to sign the client. That's how I make my living. I was charged with over 80 and Jonathan made it possible for me not to lose my licence. Yes, it was not the cheapest offer on the market, but I'd rather trust my case to the professional with 25+ years of experience then will fight for a couple of hundreds in savings. Strongly recommended.read more
Isaiah Dubois
16:45 27 Mar 19
As a working professional Jonathan was great for my case and was very diligent in communicating the facts of my case. He was very helpful and very timely. His intimate knowledge of the judicial system made me feel very comfortable. In the end everything worked out and I am very glad to refer him to my friends and loved ones. Jonathan was great from A to Z.read more
Thomas Baptist
17:22 25 Mar 19
Awesome. I reached out via email and he got back to me within an hour. I told him my problem and he gave me awesome advice and direction. My issue didn't require a lawyer but if I ever have a problem this will be my go to guy! Thanks for your time and patienceread more
Sarah Tynan
03:49 15 Mar 19
Jonathan is a completely competent and reliable attorney. He is a professional with an amazing sense of humour. He guided me through my case and always reassured me that everything were taken care of. I highly recommend him to anyone looking to win!
Noah Hunter
07:01 21 Jan 19
He was very patient and was very thorough answering all of my questions. He didn't beat around the bush and kept things blunt and honest. Jonathan beat my charges, and I would honestly recommend him if you are looking for a fair priced, confident DUI lawyer in Torontoread more
Ryan Boyd
03:14 19 Jan 19
Jonathan beat all my DWI charges, I was able to retain my license and not have a criminal record. He is worth every penny and the results that he promised he did achieve. Jonathan is definitely the best DUI lawyer in Canada.
James Callen
15:39 17 Jan 19
I went through 5 different lawyers before making my decision on who was going to defend me, the last one I spoke with was Jonathan, he made me feel safe and re-assured me. He took his time and actually looked at my case before taking it. That was completely unique and something I didn't see from the other lawyers I met with, Jonathan was the right choice because he had the judge dismiss my DUI Charges. Jonathan, I cant thank you enough. If anyone wants a great lawyer who will do anything for you to win. Call Jonathan!read more
Louis Schwartz
07:14 13 Jan 19
He took the time to sit and discuss every possible outcome of my DUI case as well as he told exactly what is going to happen in the court. The defense was amazing, Jonathan’s confidence and professionalism saved my driver’s licence and kept my criminal record clean. I will recommend your service to others. I don't have words to say thank you Jonathan Lapid!read more
Lewis Jordan
15:47 26 Dec 18
When I got myself into big trouble, the first thing that came to my head was where am I going to get the money for a lawyer? My prayers were answered when I met Jonathan. He set up an amazing payment plan that was affordable to my budget.
Ryan Smith
09:04 13 Dec 18
A few months ago the odds of me keeping my licence and being able to keep my job were slim to none. Impaired Driving and Over 80 was the trouble I got myself into. Jon Lapid worked his magic in that courtroom as if it was his second home. He made the judge listen and presented my case in a way I could never dream of. I have Jon to thank for being able to keep by life.read more
Diana Perez
06:37 12 Dec 18
As a Firefighter who drove the truck each day, I would lose my job with a criminal record and a driving suspension. For me to just get a Highway Traffic Act conviction instead of an Over 80 conviction was a miracle. Jonathan Lapid had the Crown and Judge eating from his hands. Thanks, Jonathan, you are the best in the business.read more
Paul Pulver
14:00 11 Dec 18
When my 19 year old son was charged with Over 80, I wasn't sure we could win so it might not be worth the money to fight it. But in the end, you were aggressive and strong. You impressed the judge and we won!
Frank Richards
07:17 06 Dec 18
The Advantages of Speaking with
Jonathan Lapid
- One of the Highest Success Rates
- Free Initial Honest Case Assessment
- Reasonable Fees With No Hidden Costs
- Successfully Defended Hundreds of Clients
- Criminal Lawyers Rely on Him for DUI Advice
- Jonathan Himself Has 25 Years of Experience
Frequently Asked Questions About DUI Arrest Defence
What should I do immediately after a DUI arrest?
After a DUI arrest, the most important steps are to note the details of your stop, avoid discussing your case with anyone but a lawyer, and speak with a DUI arrest defence lawyer as soon as possible. Early legal guidance can protect your driving privileges and help preserve critical evidence.
What counts as a DUI offence in Toronto?
In Ontario, a DUI can mean driving while impaired by alcohol or drugs, or having a blood alcohol concentration (BAC) over 0.08. There are also related offences such as “care or control” of a vehicle and refusing to provide a breath or blood sample.
Can I fight the DUI charge even if my BAC was over the legal limit?
Yes. A BAC reading over 0.08 is strong evidence, but not indisputable. We can examine whether the breath test was properly administered, whether the machine was calibrated, and whether your rights were respected during the arrest. In some cases, we may negotiate a reduced charge or obtain a favourable outcome at trial.
Could I face jail time for a DUI in Toronto?
Yes — prison is a possibility, especially for repeat offences or if there are aggravating factors like high BAC and bodily harm. That said, first-time offenders often receive penalties such as fines, driving prohibition, and interlock.
How soon should I contact a DUI defence lawyer after an arrest?
As soon as possible. A prompt defence means we can begin reviewing all the evidence while the details are fresh. Early involvement increases the chances of finding procedural issues or negotiating better outcomes.