What are the Penalties for a First-Time DUI in Ontario?

Ontario 1st DUI Offence: What you need to know

First-time DUI offenders are treated less severely by the justice system in Ontario than repeat offenders – but the consequences can still be life-changing.

You should not expect much leniency when it comes to drunk driving in Ontario. While some latitude is granted to first offenders and you can avoid the worst consequences with strong legal representation, do not underestimate the trouble you’re in if you’re pulled over and charged with impaired driving.

It may be the first time you have set foot in a police station and the legal processes will be confusing. More worryingly, a conviction can lead to jail time and other long-term consequences that don’t make for comfortable reading…

That’s why your first step with any DUI charge should be to hire a competent and local DUI lawyer to begin working on your defence.

In Ontario, impaired driving is a serious criminal offence under the Criminal Code of Canada—even for first-time offenders. While the term “DUI” (Driving Under the Influence) is commonly used, Canadian law refers to it as impaired operation of a vehicle.

You can be charged with impaired driving if your ability to operate a vehicle is affected by alcohol, drugs, or a combination of both—regardless of whether your blood alcohol concentration (BAC) exceeds the legal limit. This means that even if you feel fine or are under the legal threshold, you could still face criminal charges if your driving is observed to be impaired.

Additionally, “Over 80” is a separate but related offence, which refers to operating a vehicle with a BAC over 80 mg of alcohol per 100 mL of blood. Both offences carry serious consequences—even on a first conviction.

Under section 320.14(1) of the Criminal Code, you may be charged if, within two hours of driving, you:

• Operate a vehicle while impaired by alcohol, drugs, or both
• Have a BAC over 80 mg/100 mL of blood
• Have a blood drug concentration exceeding legal limits
• Exceed legal thresholds for both alcohol and drugs combined

Whether your charge is for impaired operation, “over 80,” or a combination of both, the penalties can be severe. That’s why it’s essential to understand the legal grounds for your charge and consult an experienced Ottawa DUI defence lawyer immediately.

Under the Criminal Code of Canada, even a first-time DUI offence can carry serious consequences—including a maximum prison sentence of up to 10 years if prosecuted as an indictable offence. More commonly, impaired driving cases are treated as summary offences, with a maximum sentence of two years less a day.

While there is no mandatory jail time for a first offence, the outcome largely depends on the circumstances of your case and the strength of your defence. Most Ontario courts do not pursue the harshest penalties unless there are aggravating factors such as bodily harm, death, or extremely high blood alcohol levels. Still, 30, 60, or 90-day jail terms are not uncommon—even for first-time offenders.

In addition to possible incarceration, a first-time impaired driving conviction in Ontario comes with mandatory fines and other financial burdens.

The minimum fine is $1,000, but this can increase significantly if aggravating factors are present. And that base fine is just the start—drivers must also cover:

• Court administration fees
• Mandatory alcohol education or treatment programs
• Vehicle impound and towing costs
• Licence reinstatement fees
• Ignition interlock device (IID) installation, rental, and maintenance

These expenses can quickly add up, creating a heavy financial toll. That’s why it’s essential to build a strong legal defence early. At Affordable Defence, our Ottawa DUI lawyers fight to protect your rights, reduce penalties, and minimize the long-term impact of a conviction.

One of the most immediate and unavoidable consequences of a first-time impaired driving conviction in Ontario is the suspension of your driver’s licence. In most cases, this results in a minimum one-year suspension, and your licence will not be reinstated until you’ve met all required conditions—often including alcohol education programs and installation of an ignition interlock device.

In some cases, the suspension period may be reduced if you enrol in Ontario’s Ignition Interlock Program, which allows earlier licence reinstatement with strict conditions (explained further below).

It’s important to understand that licence suspensions may be issued under both provincial and federal laws:

• Under the Ontario Highway Traffic Act, you may face an administrative suspension as soon as you’re charged.
• Under the Criminal Code of Canada, a conviction triggers a mandatory criminal suspension.

These suspensions often run concurrently, but they represent two separate legal processes with different requirements.

In addition, Ontario police have the authority to impose an immediate roadside suspension even before formal charges are laid. For example:

• A 3-day suspension for a “warn range” BAC reading (0.05–0.079)
• A 90-day Administrative Driver’s Licence Suspension (ADLS) for a fail or refusal to comply with a roadside screening

Even if you are under the legal limit, you may still face suspension if your ability to drive appears impaired or you fail to cooperate during testing.

Because a suspension can affect your job, family life, and freedom of movement, it’s essential to seek legal advice immediately after being charged. At Affordable Defence, we help clients challenge suspensions, explore early reinstatement options, and work to preserve your driving privileges wherever possible.

If you’re convicted of impaired driving in Ontario, you must complete the Back on Track remedial measures program before your licence can be reinstated. This is a mandatory requirement under the Highway Traffic Act for all convicted impaired drivers.

The program involves:

• An initial assessment
• An 8-hour education workshop or 16-hour treatment workshop
• A mandatory follow-up interview six months after completion

The full process can take up to 11 months and must be completed within your suspension period to avoid further delays in licence reinstatement.

As of 2025, the fee for convicted impaired drivers is $894, and participants are required to cover this cost themselves. If you’ve received an administrative suspension (but not a conviction), the reduced program fee is $344.

Prompt registration—typically seven days after your conviction or suspension notice—is recommended to ensure timely completion and avoid additional penalties.

Ontario’s Ignition Interlock Program offers eligible first-time DUI offenders the opportunity to regain limited driving privileges sooner—provided they install and comply with the use of an approved ignition interlock device.

This device is a breathalyzer wired into your vehicle’s ignition system. Before starting your car, and at random intervals while driving, you’ll be required to blow into the device. If any alcohol is detected, the engine will either not start or will issue a retest warning. The goal is to prevent repeat offences and promote safer roads.

For a first offence, participation in the Stream A or Stream B interlock programs (depending on circumstances) can significantly reduce the duration of your driving prohibition.

Key details include:

• The device must be installed and maintained at your own expense
• You must report for regular servicing and calibration
• The interlock period typically lasts a minimum of 12 months
• Failure to comply can result in extended suspensions or reinstatement delays

The ignition interlock condition is mandatory for most first-time DUI convictions in Ontario. If approved, it may allow for earlier licence reinstatement following your suspension, provided you meet all additional requirements, including completing the Back on Track program.

At Affordable Defence, we help clients navigate eligibility and program requirements to regain their driving privileges as efficiently as possible.

A first-time DUI conviction in Ontario carries consequences far beyond fines, licence suspension, and mandatory programs. One of the most lasting penalties is the creation of a permanent criminal record, which is entered into the Canadian Police Information Centre (CPIC) and other law enforcement databases.

This record can affect nearly every aspect of your personal and professional life, including:

• Employment opportunities involving vulnerable sectors, security clearance, or regulated industries
• Housing applications where landlords conduct criminal background checks
• Professional licences for careers in healthcare, finance, education, and more
• Immigration status for non-citizens applying for residency, citizenship, or visas
• International travel, particularly to the United States

Although a DUI conviction does not automatically bar you from entering the U.S., border officials have broad discretion. You may be questioned, denied entry, or required to show a certified copy of the court disposition when crossing. Repeat offences or additional charges can increase the risk of inadmissibility.

After five years, you may apply for a record suspension (formerly called a pardon) through the Parole Board of Canada. If granted, your conviction will no longer appear on standard criminal background checks—although law enforcement databases will retain the record internally.

For U.S. residents charged in Ontario, a DUI conviction will typically result in their home state driver’s licence being suspended, due to information sharing agreements between jurisdictions. Additionally, some U.S. state convictions may count as prior offences in Canada, potentially triggering harsher penalties if future charges occur.

Because these consequences can follow you long after the sentence is complete, it’s essential to work with a skilled DUI defence lawyer who can fight to protect your record from the outset.

A DUI conviction doesn’t just affect your criminal record—it hits your wallet long after your case is closed. In Ontario, being convicted of impaired driving immediately places you in the “high-risk” category with insurance providers.

As a result, you can expect:

• Significantly higher premiums – often two to three times more than a driver with a clean record
• The possibility of being refused coverage altogether by standard insurers
• The need to seek out high-risk or non-standard insurers, which offer limited coverage at inflated rates

These financial burdens often last for several years after your conviction, making it harder to return to normal life. Alongside court-imposed penalties, the long-term cost of a DUI conviction can be thousands of dollars.

Get Help From an Experienced DUI Defence Lawyer

A first-time DUI conviction in Ontario can impact your finances, freedom, reputation, and future. While the penalties are serious, you do have options—and a strong legal defence can make all the difference.

At Affordable Defence, our impaired driving lawyers in Ottawa are here to help you challenge the evidence, protect your rights, and avoid the harshest penalties. Don’t wait until it’s too late.

Call us today or request your free consultation to start building your defence. Let us help you move forward with confidence.