In Ontario, a first-time impaired driving charge triggers an immediate 90-day Administrative Driver’s Licence Suspension (ADLS) at the roadside. If you are later officially convicted at the Ontario Court of Justice, you will face a mandatory minimum 1-year driving prohibition under the Criminal Code.
Seeing the flashing lights of a Toronto Police cruiser in your rearview mirror is a terrifying experience. If an officer suspects you have been drinking or using drugs, a standard traffic stop can quickly escalate into a life-altering impaired driving charge. One of the most immediate and devastating consequences is the loss of your ability to legally drive.
Many drivers in Ontario mistakenly believe they can keep their licence until a judge officially proves them guilty. 🚫 This is simply not true under provincial law. The Ministry of Transportation (MTO) imposes immediate penalties before you even step foot in a courthouse. If you are worried about losing your job or supporting your family without a vehicle, we strongly encourage you to use our directory to find a highly experienced local criminal defence lawyer to fight for your driving privileges.
Step-by-Step Process of Licence Suspensions in Toronto
Understanding exactly how and when your licence is suspended is critical for planning your defence. In Ontario, the suspension process follows two entirely separate tracks: provincial administrative penalties and federal criminal court penalties.
Step 1: The Immediate 90-Day Roadside Suspension
The moment you fail a breathalyzer test or refuse to provide a breath sample, the Toronto Police will immediately seize your physical driver’s licence. 👮 Under the provincial Highway Traffic Act, you are instantly hit with a 90-day Administrative Driver’s Licence Suspension (ADLS). This is an automatic, non-criminal penalty imposed by the MTO, and you absolutely cannot drive during this period.
Step 2: The Mandatory 7-Day Vehicle Impoundment
Along with losing your licence, the police will immediately impound the vehicle you were driving for exactly 7 days. It does not matter if the car belongs to you, your spouse, or a rental company like Enterprise in Etobicoke. You are completely responsible for paying all the commercial towing and storage yard fees before the vehicle can be legally released.
Step 3: Attending the Ontario Court of Justice
Weeks or months after your arrest, your defence lawyer will represent you at the local criminal courthouse. In Toronto, this takes place at the centralized Toronto Ontario Court of Justice located at 10 Armoury Street, which replaced legacy locations like Old City Hall following the consolidation of the city’s criminal courts. 💼 This is where you fight the actual criminal charge. Impaired driving is a highly serious offence, often prosecuted as a summary conviction or an indictable offence depending on the severity of the incident.
Step 4: The 1-Year Criminal Driving Prohibition
If you are ultimately convicted by a judge, the Criminal Code of Canada imposes a mandatory minimum 1-year driving prohibition for a first offence. This federal ban runs separately from your initial 90-day roadside suspension. However, your lawyer may help you apply for the provincial Ignition Interlock program, which can significantly reduce the time you spend off the road.
How Much Does an Impaired Driving Charge Cost in Toronto?
The financial consequences of an impaired driving charge begin adding up on day one. 💵 Even before considering legal fees or massive auto insurance hikes, the immediate administrative and court costs are severe. These include a mandatory provincial administrative monetary penalty alongside standard reinstatement and tow fees:
| Minimum Criminal Court Fine | $1,000 (Mandatory for a first conviction) |
| Administrative Monetary Penalty (AMP) | $550 (Mandatory roadside provincial penalty) |
| Vehicle Towing & 7-Day Impound | $500 – $1,000+ (Depends on the tow yard) |
| ADLS Reinstatement Fee | $281 (Paid to ServiceOntario) |
| Back on Track Education Program | $894 (Mandatory course for criminal conviction) |
How Long Does the Process Take?
The initial provincial suspension strictly lasts for 90 days. ⏳ However, resolving your criminal case in the Toronto court system usually takes between 9 to 18 months. If you are convicted and accepted into the Stream A Ignition Interlock program, you might be able to legally drive again in as little as 3 months after your conviction date, provided you install a breathalyzer in your vehicle.
Frequently Asked Questions (FAQ)
Can I get a temporary permit to drive to work during the 90-day ADLS?
No. Ontario strictly does not offer temporary, restricted, or “hardship” work permits during the initial 90-day administrative suspension. You must arrange for public transit, ride-sharing, or rely on friends and family to commute to your job in Toronto.
What happens if I get caught driving while my licence is suspended?
Driving under suspension is an incredibly serious provincial and criminal offence. If caught by Toronto Police, you will face severe additional fines up to $5,000, an automatic further suspension, and a very high likelihood of serving actual jail time.
Do I get my licence back automatically after the 90 days?
No. You must physically visit a ServiceOntario centre, pay the $281 reinstatement fee, and legally restore your driving privileges. If you just start driving on day 91 without paying the fee, you are still legally considered an unlicensed driver.
Will a lawyer help me beat the roadside suspension?
Appealing an ADLS is extremely difficult and rarely successful because it is an absolute liability penalty. Instead, your defence lawyer will focus their primary strategy on aggressively fighting your main criminal charges at the Ontario Court of Justice to completely avoid the 1-year criminal prohibition.
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