An impaired driving or over 80 charge in Windsor or Essex County can cost you your licence, your vehicle for a week and, for many Windsor drivers, easy access to the border. The lawyers below defend impaired driving by alcohol or drugs, over 80 and refusal charges in Windsor and across Essex County.

Windsor Impaired Driving Lawyers

Listed firms are independent and pay a flat advertising fee. Contact them directly; several offer a free first consultation.

Impaired Driving Charges in Windsor

Windsor Police Service and OPP officers carry out roadside screening on city streets and on Highway 401, and use Drug Recognition Expert evaluations when drugs are suspected. Operating a vehicle, or having care or control of one, while your ability is impaired to any degree is a Criminal Code offence.

The charges

  • Impaired operation: based on the driving, the officer’s observations and physical coordination tests.
  • Over 80: a blood alcohol concentration of 80 mg per 100 mL of blood or more within two hours of driving.
  • Failing or refusing a demand: refusing a breath, blood or bodily fluid sample without a reasonable excuse. A first refusal carries a $2,000 minimum fine, double the $1,000 minimum for a first impaired or over 80 conviction.
  • Impaired driving causing bodily harm or death: the most serious charges, laid after a collision that injures or kills someone.

Roadside Penalties and Penalties on Conviction

Ontario’s current rules (in force since July 1, 2026) apply the moment you are charged:

  • 0.08 or over, a failed or refused test, or a poor Drug Recognition Expert evaluation: an immediate 90-day licence suspension, a 7-day vehicle impoundment and a $550 penalty, plus a remedial education or treatment program.
  • Warn range (0.05 to 0.079): 7 days and $250 the first time, then 14 days and $350, then 30 days, $450 and six months of ignition interlock.
  • Drivers 21 and under, G1/G2 and M1/M2 drivers, and commercial drivers: zero alcohol and zero drugs.

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.

How Windsor Lawyers Defend Impaired Driving Charges

A Windsor defence lawyer examines the disclosure for constitutional problems and errors in how the evidence was gathered. Areas that are often important:

  • Charter sections 8, 9 and 10: the reason for the stop, an arbitrary detention, the search, and any delay in reaching a lawyer.
  • The approved instrument: calibration and maintenance records and the qualified technician’s certification.
  • Timing: whether samples were taken within the Criminal Code time limits after driving.
  • Other explanations: medical conditions, injuries, fatigue or the conditions at the scene.

No lawyer can guarantee an outcome. A lawyer can explain which issues apply to your case before you decide how to plead.

The Windsor Courthouse

Criminal cases in Windsor are heard at the Ontario Court of Justice, 200 Chatham Street East. Check your paperwork for your first appearance date; a lawyer can often appear for you.

Frequently Asked Questions

Will an impaired driving conviction affect crossing into Detroit?

It can. A criminal record can lead to questions, delays or a refusal at the U.S. border, and U.S. officers decide admissibility case by case. If you cross often for work or family, ask a lawyer about the border before you decide how to resolve your case.

Can I fight the 90-day roadside suspension?

The 90-day administrative suspension starts immediately and runs separately from the criminal case. Ask a lawyer whether any review is available in your situation.

What if I refuse the breath test at the police station?

Refusing a lawful demand without a reasonable excuse is a separate criminal offence. A first refusal carries a $2,000 minimum fine, higher than the $1,000 minimum for a first impaired or over 80 conviction, plus a driving prohibition and a record.

Do I have to blow at the roadside?

Yes. Since December 2018, police who lawfully stop you and have an approved screening device can demand a breath sample without suspecting you were drinking. Refusing without a reasonable excuse is a criminal offence.

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, Ontario court locations.