DUI in Ontario, First Offense in 2025: All You Need to Know in the Moment

First offense DUI in Ontario, once you face the need to learn more about this topic, it may raise a lot of questions. It’s a complex matter with an extensive list of factors to consider, many at the court’s discretion and even more — dependent on individual variables.

It is complex, but it is also vital to understand. At least for a clear decision-making process and to avoid potentially costly mistakes.

Here is 2025’s updated version of a guide to all the acts, terminology, risks, costs and consequences you may need to know about a first time DUI offense in Ontario, explained step by step. 

What is the punishment for a first offense DUI in Ontario? 

First and foremost — yes, going to jail is a real risk, though it is rare and not likely in the case of a simple first offense DUI with no aggravating circumstances. 

The section 320.19 (1) of the Criminal Code lists both the minimal and the maximum punishment for impaired driving:

• The minimal punishment — for a first offense DUI with no aggravating factors in 2025 — is a fine of $1,000 and driving prohibition for not less than one year. You also get a criminal record with a lot of direct and indirect implications, like paying significantly more for your car insurance in the future;
• The maximum punishment, if your driving under the influence leads to someone’s death — is life imprisonment, but this applies only in severe cases and depends on judicial discretion.

In case the maximum punishment is not out of the question in your case, note that a professional DUI lawyer’s help is crucial.

What to Expect after first offense DUI

We can break down the immediate direct consequences into more typical and less common, though possible. 

Here is what can be expected when you get your first impaired driving charges: 

The 90-day Administrative Driver’s License Suspension (ADLS)

This is an immediate penalty in Ontario under the Highway Traffic Act for anyone arrested for impaired driving, separate from criminal charges. 

ADLS applies if you were arrested for driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher, got a second “warn range” warning in a row, or refuse to take a roadside test. It may apply if the officer on site has reasons to believe you are impaired by drugs or alcohol. 

Practically, ADLS stands for immediate license suspension for 90 days: you get a Notice of Suspension and can’t drive from this moment). 

In addition, it’ll automatically require you to pay the license reinstatement fee to the Ministry of Transportation: it’s currently $281. 

Car Impoundment

Your vehicle is towed from the site — and you can get it back only when it’s approved for release: 

Get the info on the towing company and the towing yard that holds your car from the police (call by a non-emergency number to the station), and make sure you get the release date with 100% clarity. You’re expected to cover the costs of the operation. Exact fees and contractors by zone are outlined by the Toronto Police: 

1. Towing fee;
2. Storage fees (varies depending on the yard, approximately $20-60 per day);
3. Optionally — depending on the yard and their policies — an administrative fee. 

Do not go to take your vehicle once it’s approved for release if you are, at this moment, prohibited to drive. It’s best to ask someone with a valid license to do it for you. 

The Back on Track program

Practically, a mandatory educational program you’ll need to enroll in for reinstatement of your license. It’s separated into 3 key steps: 

1. Interview aimed at identifying drinking or drug abuse problems, if present;
2. One-day educational workshop about the risks of impaired driving:

For those with no substance abuse issues, it ends just there. However, for those with identified problems, there’s an additional step: 

1. Extra treatment sessions. 

You’ll have to pay the registration fee: in 2025, in Ontario, Back on Track cost (depending on the institution responsible) is at approximately $300 for administrative suspension and close to $900 for convicted impaired drivers.

Ignition interlock for first offense DUI

Essentially, “ignition interlock” means you can only operate vehicles equipped with a device that functions as a breathalyzer, requiring you to blow into it before the vehicle starts. If your blood alcohol concentration (BAC) exceeds a preset limit, the vehicle will not start. 

Ignition interlock participation is mandatory in several situations, even for a first offense:

1. If your BAC is particularly high (e.g., 0.12% or above);
2. If you refuse to provide a sample during the initial investigation. 

In cases where only administrative penalties are issued — such as in the “warn range” (BAC between 0.05% and 0.079%) — ignition interlock may not be required, as long as it is your first violation and there are no aggravating factors.

And yes, it also has to be covered by you: the installation fee, monthly monitoring, and removal of the device, typically ranges from $1,500 to $2,500 annually. 

Aggravating circumstances that affect your first time DUI offense punishment

It’s one thing to have a single % more alcohol in your blood than it is allowed and fail the breathalyzer test at a DUI checkpoint. And it’s a completely different matter to cause a serious, fatal incident while driving under influence.

Aggravating circumstances and their weight play the key role in DUI cases. We can list, among them, in accordance with the current Criminal Code: 

1. Causing injury or death;
2. Racing another vehicle;
3. Presence of a minor (a person under the age of 16) in the vehicle;
4. Driving while suspended;
5. Operating a commercial vehicle. 

NOTE: This is not a complete or exhaustive list of aggravating circumstances. The criminal code (particularly section 320.22), lists these points “in addition to any other aggravating circumstances”. It’s a context-dependent aspect, determined by the court.

First offense DUI license suspension in Ontario

Yes, your driving license is going to be suspended for impaired driving: yes, it will be. 

Depending on the circumstances: 

Circumstance	License Suspension	Criminal Code Section
First offense (without aggravating factors)	Minimum 1 year	Section 320.24(1)
Second offense	Minimum 2 years	Section 320.24(1)
Third or subsequent offenses	Minimum 3 years or lifetime ban	Section 320.24(1)
Impaired driving causing bodily harm	Up to lifetime ban	Section 320.24(4)
Impaired driving causing death	Typically lifetime ban	Section 320.24(4)
Impaired driving with aggravating factors	Increased prohibition period based on severity	Section 320.22 and 320.24
Refusal to provide a breath/blood sample	Minimum 1 year for first offense, longer for subsequent offenses	Section 320.24(1)
Violation of an existing driving prohibition	Additional prohibitions imposed by the court	Section 320.18

License class affects your first time DUI offense punishment as well

The license and the type of vehicle you’re operating under influence has a notable effect not just on the potential punishment, but on the “red line” you can’t cross in terms of blood alcohol and drugs concentration. All because Ontario laws, in 2025, have Zero Tolerance policy regarding novice and commercial drivers. 

Here’s a brief breakdown:

G1 and G2 license first time DUI offense

As a novice driver, you don’t have “an allowed” amount of alcohol or THC in your blood. It’s 0. Hence the name, zero tolerance policy, as stated in the Ontario Highway Traffic Act, Section 44.1., means ANY amount of alcohol or drugs in your system is an offense. 

NOTE: The same applies to M1 and M2 license types for bikers. And even more importantly — zero tolerance applies to young drivers, anyone under 22 years old, even if you have a full G or M license now.

Full G and M license first DUI offense

Every experienced driver (and older than 22 years) is subject to regulations with BAC (blood alcohol) and THC levels. Here, you have limits: 

• BAC under 0.05% — not punishable;
• BAC over 0.08% or THC 5 ng/mL — the Ontario G class license alcohol limit;
• BAC between 0.05% and 0.079% — the “warn range” for administrative penalties.

These frames largely determine all Ontario impaired driving penalties, whether it’s the first or subsequent DUI offense.

Commercial license DUI offense

A, B, C, D, E, F licenses — anything from a small school bus (Class E) to a cement mixer (Class D) or an 18-wheeler semi (Class A) — is in the zero tolerance territory as well. 

You can not drive commercial vehicles in Canada while you’re under the influence of any amount of alcohol or drugs.

The difference between DUI, impaired driving, dangerous driving, drunk driving and impaired operation of a conveyance

If it’s your first offense DUI, you might not be familiar with the terminology. Just so you don’t get lost in the context of the Ontario law, here are all the ways to address this offense, and what they generally mean:

1. DUI (driving under the influence) — a common term, but not the official one. It comes from the USA legal system, you won’t find it anywhere in the Criminal Act of Canada. Used 90% of the time, though;
2. Impaired driving — the correct Canadian legal term for driving under influence. The whole section 320.14 of the Criminal Code is about just that;
3. Dangerous driving — or dangerous operation of a motor vehicle — means driving in a manner that puts public safety in danger. Dangerous driving is an official, legal term (check the section 320.13). You can run a red light or get caught speeding while both drunk or sober, and it’ll be considered dangerous driving;
4. Impaired Operation of a Conveyance — a broad umbrella term that practically means operating anything while under influence. It can be a boat, a plane, or a car. It is a legal term you’ll also find in section 320.14 of the criminal code;

Finally, Drunk driving — is just a common way to call it, not a legal term, and refers colloquially to more than just alcohol in 2025: 

Term	Legal / Informal by location	Includes alcohol	Includes drugs (e.g., cannabis)	Involves other dangerous actions
DUI (Driving Under Influence)	USA (informal in Canada)	Yes	Yes	Not necessarily
Impaired Driving	Canada	Yes	Yes	Not necessarily
Dangerous Driving	Canada	No	No	Yes
Impaired Operation of a Conveyance	Canada	Yes	Yes	Not necessarily
Drunk Driving	Informal term	Yes	No (alcohol only)	May include

NOTE: to face charges for impaired driving, you don’t necessarily have to be drunk, ie. with alcohol. Section 320.14(1)(a) covers alcohol, drugs (including cannabis, THC, and illegal drugs, like cocaine), or a combination of both.

Summary and Conclusion

As you can see, even first offense DUI in Ontario can add up in complexity, in costs, and even further — in consequences. It may snowball dramatically: affecting your insurance, your employment, your future charges and punishments, your record, and many other aspects of your life.

That is exactly why a professional DUI lawyer is vital for first offense DUI cases: not just to assist you to resolve the issue in the moment, but to avoid the potentially excessive and unjustified long-term consequences.