Charged with impaired driving in Kingston or Frontenac County? Ontario suspends your licence at the roadside, and the criminal charge goes to the Kingston courthouse on Wellington Street. The lawyers below defend impaired operation, over 80, refusal and drug-impaired driving charges in Kingston and across Eastern Ontario.

An impaired driving conviction brings a mandatory minimum fine, a driving prohibition, ignition interlock and a criminal record that can affect your job, insurance and trips across the Thousand Islands Bridge into the United States. Speaking with a defence lawyer before your first court date lets you understand the case against you early.

Kingston 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 Kingston and Frontenac

Kingston Police officers stop drivers on city streets and at R.I.D.E. checks, and the Ontario Provincial Police patrol Highway 401, Highway 15 and the roads of Frontenac County and the Islands. Officers use approved screening devices, standardized 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 Kingston Lawyers Defend Impaired Driving Cases

A Kingston defence lawyer goes through the Crown’s disclosure, including the officers’ notes, the breath room video and the instrument records, looking for Charter problems and errors in the investigation. Areas that often matter:

  • 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 Kingston Courthouse

Ontario Court of Justice criminal cases from Kingston are heard at 279 Wellington Street. Your paperwork shows your first appearance date; a lawyer can often attend for you and request disclosure.

Frequently Asked Questions

Do I get to call a lawyer at the roadside?

Generally no. Courts have held that the right to counsel is suspended during roadside screening tests. Once you are arrested or given a demand for an approved instrument breath test, police must tell you about your right to a lawyer and give you a reasonable chance to speak to one before the test.

Can I refuse the roadside breath screening test?

No. 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 is a criminal offence with a $2,000 minimum fine for a first offence.

Will an impaired driving conviction affect crossing into the United States?

It can. US border officers decide entry case by case. Some people with an impaired driving record are asked for extra documents or refused entry, especially with more than one conviction or other factors. A Canadian criminal record can only be suspended after a waiting period. Ask a lawyer about the travel effects of each possible outcome.

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.

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; Ontario Court of Justice, Kingston court location, 279 Wellington St.