If you have been charged with impaired driving in Ottawa, you are facing two processes at once: an immediate licence suspension from the province, and a criminal charge under the Criminal Code of Canada that will be heard at the Ottawa courthouse. The impaired driving lawyers below defend impaired operation, over 80, refusal to provide a breath or blood sample and drug-impaired driving charges in Ottawa and across Eastern Ontario.

Ottawa Impaired Driving Lawyers

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Impaired Driving Charges in Ottawa

Under the Criminal Code, it is an offence to operate a vehicle, or to have care or control of one, while your ability to drive is impaired to any degree by alcohol, drugs or both. Ottawa Police Service and OPP officers use approved screening devices at the roadside, standardized field sobriety tests and Drug Recognition Expert evaluations.

The main charges

  • Impaired operation (alcohol or drugs): based on police observations such as driving pattern, speech, balance and coordination tests.
  • Over 80: a blood alcohol concentration of 80 mg of alcohol per 100 mL of blood or more within two hours of driving.
  • Failure or refusal to comply with a demand: refusing a lawful demand for a breath, blood or bodily fluid sample without a reasonable excuse. The minimum fine for a first refusal ($2,000) is higher than for a first over 80 charge.
  • Drug-impaired driving: including cannabis, prescription and illegal drugs, alone or combined with alcohol.
  • Impaired driving causing bodily harm or death: the most serious charges, which carry much heavier penalties.

What Happens After an Impaired Driving Charge in Ontario

Ontario imposes its own penalties at the roadside, before any court date. Under the rules in force since July 1, 2026:

  • 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 an education or treatment program.
  • Warn range (0.05 to 0.079): a 7-day suspension and a $250 penalty the first time, rising to 14 days and $350, then 30 days, $450 and six months of ignition interlock.
  • Young, novice and commercial drivers: zero alcohol and zero drugs, with their own penalties.

If you are convicted, the Criminal Code adds a minimum fine of $1,000 for a first offence ($1,500 or $2,000 for higher readings, and $2,000 for refusal), a driving prohibition, and minimum jail for repeat offences: 30 days for a second offence and 120 days for a third. Ontario adds a licence suspension of at least one year, a mandatory education or treatment program, and at least a year of ignition interlock for a first conviction. Read more about Ontario licence suspensions, the Back on Track program and ignition interlock.

How Ottawa Defence Lawyers Approach These Cases

An Ottawa impaired driving lawyer reviews every part of the Crown’s case, including the police notes, the video and the breath test records, and checks whether your rights under the Canadian Charter of Rights and Freedoms were respected. Common areas of challenge include:

  • Charter issues: an arbitrary detention, an unreasonable search, or a delay in giving you access to a lawyer.
  • The breath testing: the maintenance and operation of the approved instrument and the qualifications of the qualified technician.
  • Timing: whether the samples were taken within the time limits the Criminal Code sets.
  • Other explanations: whether signs the officer saw could come from fatigue, a medical condition, an injury or the weather rather than alcohol or drugs.

No lawyer can promise an outcome. A lawyer can tell you which defences fit the facts of your case and what your options are before you decide how to plead.

The Ottawa Courthouse

Impaired driving charges in Ottawa are heard in the Ontario Court of Justice at the Ottawa courthouse, 161 Elgin Street. Your first appearance date is on the paperwork police gave you. A lawyer can often appear on your behalf at the first appearance and request the disclosure.

Frequently Asked Questions

Can I call a lawyer before the roadside breath test?

Usually not. The roadside screening test has to be done right away, so the right to call a lawyer is generally delayed at that stage. If you are arrested and taken for breath tests on an approved instrument at the police station, police must tell you about your right to a lawyer and give you a reasonable chance to call one before those tests.

Can police ask me for a breath sample even if they do not suspect I was drinking?

Yes. Since December 2018, police who lawfully stop a driver and have an approved screening device with them can demand a roadside breath sample without suspecting alcohol. Refusing without a reasonable excuse is a criminal offence.

Will I lose my licence right away?

Yes, in most cases. A reading of 0.08 or more, or a failed or refused test, brings an immediate 90-day licence suspension and a 7-day vehicle impoundment in Ontario, separate from the criminal charge.

What happens to my insurance after an impaired driving conviction?

Insurers generally treat a criminal conviction for impaired driving as a serious offence, which usually means much higher premiums or difficulty finding coverage. See insurance after a licence suspension in Ontario.

This page is general information about impaired driving law in Ottawa and Ontario as of November 2026. It is 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, Ottawa courthouse, 161 Elgin St.