After an arrest, you will usually be released with paperwork that includes a first court appearance date. Your licence may be suspended immediately under Ontario’s Administrative Driver’s Licence Suspension (ADLS) program, and your vehicle may be impounded for several days.

From there, the Crown Prosecutor will review the case and decide how to proceed. In many cases, your lawyer can begin discussions with the Crown before trial to explore whether charges can be withdrawn or reduced. Having a lawyer early gives you the best chance of protecting your record and your driving privileges.

Penalties depend on whether it is your first, second, or third offence:

• First offence: Minimum $1,000 fine, one-year licence suspension, alcohol education program, and ignition interlock device.

• Second offence: Minimum 30 days in jail, three-year licence suspension, and longer ignition interlock requirements.

• Third offence: Minimum 120 days in jail, 10-year to lifetime licence suspension, and lifetime ignition interlock program.

Beyond these court penalties, a conviction leaves you with a permanent criminal record, which can affect your ability to work, immigrate, or travel.

In many cases, the answer is no. The United States often denies entry to people with a criminal record, including impaired driving convictions. While a single charge does not automatically restrict travel, a conviction will appear on your criminal record and may be flagged by U.S. border authorities.

If international travel is important for your career or family, it is critical to fight DUI charges before they turn into a conviction. At HSC Law, we work to resolve cases in a way that minimizes long-term consequences such as travel restrictions.

In most cases, refusing a breath test will lead to the same penalties as being convicted of DUI. The law treats refusal seriously because it prevents police from collecting evidence.

However, not all breath demands are lawful. Police must have reasonable grounds to suspect impairment, and they must follow strict procedures when making a demand. If they fail to do so, your lawyer can argue that the evidence should be excluded. At HSC Law, we carefully review whether the refusal charge was valid and fight to have it withdrawn whenever possible.

Most DUI cases take between 6 months and 18 months to resolve, depending on whether the matter proceeds to trial. Simpler cases may be resolved in a few court appearances if disclosure shows clear errors by the police. More complex cases involving Charter applications, technical defences, or contested trials can take longer.

At HSC Law, we balance efficiency and thoroughness. Our goal is always to move your case forward quickly without overlooking critical details that could make the difference between conviction and acquittal.

Legal fees vary depending on the complexity of the case, the seriousness of the charges, and whether the matter proceeds to trial. Many firms, including HSC Law, offer block fees, which means you pay a flat rate for specific stages of your case instead of hourly billing.

This approach provides transparency and peace of mind. During your free consultation, we provide a clear estimate of legal fees so you can make an informed decision about your defence. Click here to learn more about “Ultimate Guide: Criminal Lawyer Toronto Cost (2025 Breakdown)”

Yes. Many DUI charges are withdrawn or reduced once a lawyer identifies weaknesses in the Crown’s case. Common reasons include:

• Breach of Charter rights during the stop or arrest

• Improper breathalyzer calibration or testing

• Lack of reasonable grounds for a traffic stop

• Failure to provide the accused with access to counsel

Even when charges are not fully withdrawn, it is often possible to negotiate reduced penalties or avoid a criminal conviction.

A DUI (Driving Under the Influence) charge generally refers to impairment by alcohol or drugs. “Over 80” is a specific charge where your blood alcohol concentration (BAC) exceeds 80 milligrams per 100 millilitres of blood, even if you did not appear visibly impaired.

You can be charged with one or both offences depending on the circumstances. Both carry serious penalties, and both require a strong defence strategy.

Yes. Even a first-time DUI carries a mandatory fine, licence suspension, and a criminal record. That record can affect employment, immigration, and travel for the rest of your life.

A lawyer can often negotiate a withdrawal, identify Charter breaches, or reduce penalties significantly. At HSC Law, we defend first-time offenders with the goal of keeping your record clean whenever possible.

Under the Canadian Charter of Rights and Freedoms, you have the right to:

• Be free from arbitrary detention or unlawful arrest

• Be informed of your right to counsel immediately upon detention

• Remain silent and avoid self-incrimination

• Be tried within a reasonable time

• Be presumed innocent until proven guilty beyond a reasonable doubt

If any of these rights are violated during your DUI investigation, your lawyer can seek to have evidence excluded, which may result in the charges being withdrawn.

If your case goes to trial, the Crown must prove every element of the offence beyond a reasonable doubt. Your lawyer will:

• Cross-examine police officers about the stop, arrest, and breath testing

• Call expert witnesses to challenge breathalyzer accuracy or police observations

• Argue that evidence obtained unlawfully should be excluded

• Present your version of events where appropriate

At HSC Law, we prepare every DUI case as though it may go to trial. This thorough preparation often leads to stronger negotiation leverage and better outcomes for our clients.