Raftery Law – Hamilton Impaired Driving & Criminal Defence Lawyer
- 20 Hughson Street South, Suite 306, Hamilton, ON L8N 2A1
- 905-523-4543
- November 7, 2026
An impaired driving charge in Hamilton puts your licence, your job and your record at risk at the same time. The province suspends your licence at the roadside, and the criminal charge goes to court downtown. The Hamilton lawyers below defend impaired operation, over 80, refusal to comply with a breath or bodily fluid demand and drug-impaired driving charges in Hamilton, Stoney Creek, Ancaster and the surrounding area.
Each firm is independent. Read their profiles and contact them directly; several offer a free first consultation.
Federal law makes it an offence to operate a vehicle, or to have care or control of one whether it is moving or not, while your ability to drive is impaired to any degree by alcohol, drugs or both. Hamilton Police Service and OPP officers use approved screening devices, standardized field sobriety tests and drug evaluations at traffic stops.
Ontario’s current rules (in force since July 1, 2026) apply the moment you are charged:
A Criminal Code conviction adds a minimum fine of $1,000 for a first offence ($1,500 or $2,000 for higher readings, and $2,000 for a refusal), a driving prohibition, and minimum jail of 30 days for a second offence and 120 days for a third. Ontario then suspends your licence for at least one year on a first conviction and requires an education or treatment program and at least a year of ignition interlock. Our guides cover Ontario licence suspensions, ignition interlock and getting your licence back.
A Hamilton defence lawyer starts with the Crown’s disclosure: the officers’ notes, the breath room video and the instrument records. The aim is to find Charter problems and gaps in the evidence. Areas that often matter include:
No lawyer can promise a result, but a lawyer can tell you which of these issues fit your case before you decide how to plead.
Criminal cases in Hamilton are heard at the downtown courthouses on Main Street East, including the John Sopinka Courthouse at 45 Main Street East. Your paperwork shows the courthouse and date of your first appearance. A lawyer can often attend that first appearance for you and request disclosure.
It can. A criminal record can matter for jobs that need a clean driver’s abstract, cross-border travel or a security clearance. A lawyer can explain the possible outcomes for your case, but no lawyer can guarantee one.
Yes. You must comply with a lawful roadside screening demand. Since December 2018, police who lawfully stop you can make that demand without suspecting you were drinking. Refusing without a reasonable excuse is a separate criminal offence with a $2,000 minimum fine for a first offence.
Right away. A reading of 0.08 or more, or a failed or refused test, brings an immediate 90-day suspension and a 7-day impoundment, before any court date.
Insurers generally treat it as a serious conviction, which usually means much higher premiums or trouble finding coverage. See insurance after a licence suspension.
General information about impaired driving law in Ontario as of November 2026, not legal advice. Speak with a lawyer about your own situation.
Sources: Government of Ontario, Impaired driving; Criminal Code of Canada, ss. 320.14–320.19; Government of Ontario, Hamilton (John Sopinka) Courthouse.