Resolving an impaired driving charge at the Ottawa Courthouse typically takes between 9 to 18 months. Severe cases or matters going to a full trial can take up to 18 to 30 months, which is the maximum legal limit set by the Supreme Court’s Jordan decision before charges may be stayed.
When you are charged with impaired driving or “Over 80” in Ottawa, it is completely normal to want the nightmare to end as quickly as possible. The stress of facing a criminal record, losing your driver’s licence, and dealing with massive financial penalties can take a heavy toll on your mental health. ⏱ However, the Canadian criminal justice system moves slowly, and an impaired driving case is rarely resolved overnight. Because the legal and scientific evidence involved in these charges is incredibly complex, both the Crown Attorney and your defence lawyer need time to properly assess the case. In this guide, we break down the typical timeline of an impaired driving case in Ottawa, from the night of your arrest to the final verdict, and explain why certain delays happen.
Step-by-Step Timeline in Ottawa
An impaired driving case follows a strict procedural path through the Ontario Court of Justice. Whether the incident happened in Kanata, Nepean, or downtown Ottawa, you will go through the following phases at the Elgin Street courthouse.
Step 1: The Arrest and First Appearance (1-4 Weeks)
After you are arrested, you are usually released with an Undertaking or an Appearance Notice (the term “Promise to Appear” was officially retired in Canadian criminal law under Bill C-75 reforms). Your “First Appearance” in court generally happens 2 to 4 weeks later. This is not a trial; it is simply an administrative check-in to confirm you have hired a lawyer and that the Crown has started preparing the evidence (disclosure) against you.
Step 2: Waiting for Disclosure (2-6 Months)
This is often the longest and most frustrating wait. Your lawyer needs the complete police file, including roadside body-cam footage, breathalyzer maintenance logs, and toxicologist reports. Because the Ottawa Police Service and specialized laboratories are often backlogged, it can take several months for the Crown to hand over a complete disclosure package to your defence team.
Step 3: Crown Pre-Trial and Resolution (6-10 Months)
Once your lawyer has all the evidence, they will schedule a Crown Pre-Trial (CPT) to negotiate with the Crown Attorney. If you decide to plead guilty, Ontario MTO’s Ignition Interlock Conduct Review Program heavily influences your timeline. To qualify for Stream A, you must plead guilty and have your conviction registered within exactly 90 days of your arrest, which reduces your absolute driving suspension to just 3 months (followed by 9 months with an ignition interlock device).
If negotiations drag past this 90-day threshold, you will instead fall under Stream B, which increases your absolute suspension to 6 months (followed by 12 months with the interlock device). Alternatively, if a deal is struck to plead to a lesser, non-criminal Highway Traffic Act offence like Careless Driving, the criminal charge is dropped, which is why look-back periods (now 10 years in Ontario for administrative tracking) are heavily reviewed at this stage.
Step 4: Setting a Trial Date (12-18 Months)
If the Crown refuses to drop the charges and a plea deal is not appropriate, your lawyer will proceed to trial. Due to limited courtrooms and judges at the Ottawa Courthouse, trial dates are usually booked many months in advance. It is very common for an impaired driving trial to take place more than a year after the initial arrest.
How Much Does it Cost in Ottawa?
The timeline of your case has a direct impact on how much you will pay for your defence. Because an impaired driving charge can drag on, understanding billing structures is vital to protect your finances. 💲
- Hourly Rates: If your lawyer bills by the hour, a case that stretches over 18 months with multiple court appearances and disclosure delays can become incredibly expensive, often exceeding $15,000 CAD.
- Block Fees: To protect clients from endless billing, most reputable Ottawa defence lawyers use block fees. You might pay a flat fee of $4,000 to $6,000 CAD for everything up to a trial, regardless of how many months the pre-trial phase takes.
- Trial Fees: If the long wait ends in a trial, expect to pay a separate trial block fee of $5,000 to $10,000+ CAD to cover the intense preparation and cross-examination required.
| Phase of the Case | Typical Timeframe | What Happens Here? |
|---|---|---|
| First Appearance | Week 2 to 4 | Administrative court check-in |
| Disclosure Process | Month 2 to 6 | Waiting for police and breathalyzer records |
| Negotiation / Pre-Trial | Month 6 to 10 | Lawyer negotiates with the Crown Attorney |
| Trial | Month 12 to 18+ | Final judgment by a judge at the Ottawa Courthouse |
How Long Does the Process Take? The Jordan Limit
While the justice system is slow, it is not allowed to be endless. Under the Supreme Court of Canada’s Jordan decision, there is a strict time limit on criminal proceedings. For cases heard in the Ontario Court of Justice (where almost all summary impaired driving cases are heard), the maximum allowable time from the date charges are laid to the end of the trial is 18 months. If your case is severely delayed by the Crown or the court system past this limit, your lawyer can apply to have your charges permanently stayed (dismissed).
Frequently Asked Questions (FAQ)
Can I drive while I wait for my trial?
At the time of your arrest, your licence is automatically suspended for 90 days. Once those 90 days are over, you can temporarily reinstate your licence to drive legally until your trial by paying an $831 CAD fee ($281 reinstatement fee plus a $550 Administrative Monetary Penalty) at ServiceOntario. The Back on Track remedial program is only mandatory if you are eventually convicted or choose to plead guilty to enter the Ignition Interlock program.
Why does it take so long to get disclosure from the police?
Impaired driving cases require highly technical evidence. Compiling maintenance logs for breathalyzer machines, obtaining toxicologist notes for blood samples, and downloading large video files from police body cameras naturally creates significant administrative backlogs.
What happens if I delay the trial on purpose?
You cannot use the 18-month Jordan limit to your advantage by intentionally stalling. If you change lawyers frequently or ask for adjournments, that “defence-caused delay” is subtracted from the total calculation, meaning the Crown still has ample time to prosecute you.
Can a lawyer speed up my impaired driving case?
While your lawyer cannot force the court to schedule an earlier trial date, they can aggressively push the Crown Attorney for disclosure and file Charter applications if the police are dragging their feet, ensuring the process moves as efficiently as possible.
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