Impaired Driving / DUI

Yes. Breath instruments must be operated by a qualified technician within a specific time window, with proper calibration and proper sequencing. Defects in any of these can lead to the reading being excluded or its presumptions being defeated. Disclosure review is critical.

A first-offence impaired conviction is still a criminal record. Before any guilty plea, we assess whether the Crown's case has weaknesses that allow a withdrawal, a reduction to careless driving, or a stay. The right answer is rarely the fastest one.

For most appearances in straightforward matters, your lawyer can attend without you. For trial and certain sentencing hearings, attendance is required. We discuss this at the outset so you know what to expect.

Fees depend on whether the matter resolves at an early stage or proceeds to a contested Charter trial. After reviewing the charge, Aaron provides a clear, flat-fee quote so there are no surprises — and the initial consultation is free. Call (416) 599-1900.

A first conviction carries a minimum $1,000 fine (rising to $1,500 and $2,000 at higher breath readings, and $2,000 for a refusal), a one-year federal driving prohibition, and a permanent criminal record — plus a 90-day licence suspension and 7-day impoundment that apply immediately at the roadside. Mandatory remedial programming and ignition interlock follow. Because so much can be challenged, a first offence should never be conceded before the disclosure is reviewed.

Yes. Impaired driving, driving with a blood-alcohol concentration over 80, and refusing a breath sample are all Criminal Code offences. A conviction is a criminal record — not a traffic ticket — which is why it should be defended, not simply paid.

Sometimes. Where the Crown's case has weaknesses — a flawed breath test, a Charter breach, or a problematic roadside stop — a reduction to careless driving under the Highway Traffic Act (a non-criminal offence) may be negotiable, avoiding a criminal record. Every file is assessed on its disclosure.

Refusing a breath demand is a separate criminal offence under section 320.15 of the Criminal Code, and it is punished at least as harshly as a failed test. A first-offence conviction carries a minimum $2,000 fine — double the $1,000 minimum for most over-80 cases — plus a driving prohibition of one to three years. Ontario also imposes an immediate 90-day administrative licence suspension. A refusal can be defended where the demand was unlawful or there was a reasonable excuse.

Yes. Since December 2018, mandatory alcohol screening under section 320.27(2) of the Criminal Code lets an officer who has an approved screening device on hand demand a roadside breath sample from any driver who has been lawfully stopped — no suspicion required. The stop itself must still be lawful, and the demand must be made properly and promptly. Problems with the stop, the device or the timing of the demand can still support a Charter challenge.

Often, yes. Under section 320.24(10) of the Criminal Code, a first offender can join a provincial ignition interlock program without a mandatory waiting period unless the court sets one; second and subsequent offenders must wait at least three and six months respectively. Ontario also runs a reduced-suspension interlock program for eligible first offenders who resolve their case early, so the timing of any plea decision matters. Eligibility should be checked before a resolution is agreed.

A DUI conviction is a criminal record that stays on file until a record suspension (formerly called a pardon) is granted by the Parole Board of Canada. Under the Criminal Records Act, you can apply five years after completing your sentence — including paying the fine — for a summary conviction, or ten years for an indictable one. Your Ontario driving record is separate. Aaron M. Spektor explains how each record will be affected before you decide how to proceed.