If you were charged with impaired driving in Oshawa or elsewhere in Durham Region, your licence is suspended before you ever see a courtroom, and the criminal case goes to the Durham courthouse in Oshawa. The lawyers below defend impaired operation, over 80, refusal and drug-impaired driving charges across Durham.

Oshawa and Durham 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 Oshawa and Durham Region

Durham Regional Police and OPP officers use approved screening devices on local roads and on Highway 401, along with field sobriety tests and Drug Recognition Expert evaluations. Operating a vehicle, or having care or control of one, while your ability is impaired to any degree by alcohol or drugs 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 Oshawa Lawyers Defend Impaired Driving Cases

A Durham defence lawyer reviews the Crown’s disclosure for Charter issues and errors in the investigation. Areas that often come up:

  • 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 Durham Courthouse in Oshawa

Criminal cases from Oshawa, Whitby, Ajax, Pickering and the rest of Durham Region are heard at the Durham Region courthouse, 150 Bond Street East, Oshawa. Your paperwork shows your first appearance date.

Frequently Asked Questions

Will an impaired driving conviction give me a criminal record?

Yes. A conviction creates a criminal record, which can affect employment, professional licensing and travel to the United States. A record suspension can only be applied for after a waiting period. A lawyer can explain the realistic outcomes for your case.

Can I fight the 90-day roadside suspension?

The administrative suspension starts right away and is separate from the criminal charge. Ask a lawyer whether a 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 need a lawyer for my first court date in Oshawa?

You are not required to have one, but a lawyer can often attend for you, request disclosure and explain your options before any decision is made.

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.