Beat your impaired driving and DUI charges.
If you are searching for a DUI lawyer in Toronto after an impaired driving, Over 80, or refusal arrest, the next decisions matter quickly: your licence, your record, and whether the Crown can prove the case.
Toronto impaired driving charges can trigger licence suspension, fines, ignition interlock, and long-term insurance and travel consequences — even on a first allegation. Mandatory minimums apply after conviction, but a charge is not a conviction.
An experienced drinking and driving and DUI lawyer can review disclosure, identify Charter and testing issues, and build a defence aimed at withdrawing, reducing, or beating the charges.
*$5,900 fee (plus HST and any disbursements) includes all attendances at Court, obtaining and reviewing all disclosure, strategy sessions once disclosure is complete, initial pre-trial discussions with the assigned Crown Attorney and, if required, pre-Trial discussions with the assigned Crown Attorney that involve a judge. Trial costs, if necessary, are not included and will require additional fees.
Exercise your right to silence and call counsel before answering investigative questions. You are entitled to speak with a lawyer on arrest or detention.
This is not a substitute for advice on your facts. For a free consult: 416-781-1148.
Mass Tsang has a proven track record of achieving over 1,000 complete dismissals of charges resulting in a clean record, as well as reductions in charges/penalties.
Unlike many law firms, our DUI lawyers practice solely in criminal law, allowing us to provide highly effective representation for clients facing criminal charges, from minor infractions to serious offences.
You benefit from the knowledge, opinion and experience of a team of six highly skilled criminal lawyers. After years working with the same prosecutors and judges in the Toronto area, we can provide tailored defence strategies to give you the best chance of success.
Fighting a criminal charge can be a stressful time and you don’t want to feel alone. We are available for weekends, late evenings, short notice appointments, and provide constant updates about each step of the case.
Transparent and affordable flat rate fees, with no hidden costs, and flexible payment plans tailored to each client’s unique financial situation.
won cases
success rate
of experience
stars customer rating
case evaluation
anonymous & secure process
dozens of hours required for research, preparation and legal defence.
Case resolution time (from charge to trial)
In Ontario, most people search for a “DUI lawyer,” “drunk driving lawyer,” or “drinking and driving lawyer,” but the actual criminal offence is called impaired driving under the Criminal Code of Canada. This includes alcohol-related charges such as Over 80 (a blood alcohol concentration of 80 mg or more per 100 mL of blood), refusal to provide a breath sample, and drug-impaired driving. The modern charging framework sits primarily in ss. 320.11–320.18 (including s. 320.14 operation while impaired / over the legal limit).
If you have been charged in Toronto, the terminology matters less than the type of allegation and the evidence. Police investigations often rely on roadside screening devices, breathalyzer results at the station, officer observations, and timing of alcohol consumption. Each of these elements can be challenged.
Working with an experienced impaired driving lawyer in Toronto means reviewing disclosure, identifying Charter breaches, and assessing whether the Crown can prove the case beyond a reasonable doubt. Early legal strategy can directly affect whether charges are reduced, withdrawn, or proceed to trial. For these offences, the Crown generally must prove the accused's identity, operation or care and control of the vehicle, and impairment or a qualifying BAC/refusal, beyond a reasonable doubt.
This charge occurs when a police officer has reason to believe that your ability to operate a motor vehicle was impaired by alcohol or drugs based on physical observations such as poor driving or diminished motor skills such as unsteadiness while on your feet, and slurred speech. Learn more about Impaired Driving Charges
This charge occurs when the driver has a blood alcohol concentration of 80 milligrams or more of alcohol in 100 millilitres of blood. A breathalyzer is used to obtain the evidence for this charge. Learn more about Over 80 Charges
Refusal can happen at a roadside traffic stop or at the police station. This charge occurs when a demand for a breath sample(s) is made by a police officer followed by an outright rejection to providing a sample. The charge also applies if inadequate samples are provided. Learn more about Refusing to Provide Breath Sample Charges.
You can be charged with impaired driving even if the vehicle was not moving, because under the Criminal Code “operating” a motor vehicle includes having care or control of it (s. 320.11). If you were in the driver’s seat, the Code presumes you were operating the vehicle unless you show you were not there to set it in motion (s. 320.35). Learn more about Care and Control Charges.
In Ontario, novice drivers (holders of a G1, G2, M1, or M2 licence) and young drivers (under 22) are also subject to a separate rule: it is a condition of their licence that they have zero blood alcohol concentration while driving, enforced through roadside screening and provincial penalties under the Highway Traffic Act, not a Criminal Code charge. This zero-tolerance condition does not lower the Crown’s burden of proof for the impaired driving, Over 80, refusal, or care and control charges described above; those still require proof beyond a reasonable doubt, regardless of the driver’s age. A novice or young driver can face both the provincial consequence and, separately, a Criminal Code charge if the evidence supports one.
Drinking and driving charges are Criminal Code offences that carry mandatory minimums after conviction — even with no prior criminal or Highway Traffic Act record. For a first conviction, the minimum fine commonly starts at $1,000 and scales higher with blood-alcohol band ($1,500 at 120–159 mg/100 mL and $2,000 at 160 mg/100 mL or more, under s. 320.19(3)), together with a driving prohibition. A first refusal conviction carries its own higher mandatory minimum fine ($2,000, s. 320.19(4))). A second conviction attracts a mandatory jail floor of 30 days; a third or subsequent conviction starts at 120 days (s. 320.19(1)). Aggravating features such as an accident, high readings, or reckless driving can push penalties well above those floors. An impaired driving lawyer will review whether those floors apply to your charging document and what options exist before any plea.
There are viable defences to drinking and driving charges. Allegations can be challenged through methods that include:
Exclusion of evidence where police violated your Charter-protected rights
Challenging technical aspects of the breathalyzer and breath-testing procedure
Challenging the officer’s grounds for obtaining a breath sample
Scrutinizing roadside screening, timing, and disclosure gaps that undermine proof beyond a reasonable doubt
We recommend that you consult with one of our firm’s lawyers on the best steps for your situation. You are entitled to seek consultation upon arrest or detention, and our impaired driving lawyers can advise on next steps immediately.
A DUI charge and a DUI conviction are not the same. You may be charged after an arrest, but you are not convicted unless the Crown proves the case in court or you plead guilty.
To recap, minimum penalties for a first-time conviction include:
Minimum penalties for a second-time conviction:
Minimum penalties for third and subsequent convictions:
An Ontario administrative licence action can start from the investigation itself — through the police / Ministry of Transportation roadside process. That is not the same thing as a Criminal Code driving prohibition ordered by a court after a conviction.
Both can affect your ability to drive, but the timelines, paperwork, and decision-makers differ. For example, if a roadside screening test shows a blood alcohol concentration of 50 mg or more (the “warn range”, below the criminal limit), Ontario’s Highway Traffic Act suspends your licence on the spot for 7 days for a first suspension, 14 days for a second and 30 days for a third or later, counting earlier suspensions from the past 10 years. That suspension needs no court appearance or finding of guilt, and it cannot be appealed. A Criminal Code driving prohibition is different: it is a court order that only follows a conviction. Read any notice you received with your charging documents and get advice on what applies to your facts before assuming one process covers the other.
For a consultation with an experienced DUI lawyer in Toronto. With decades of combined criminal defence experience, our Toronto DUI lawyers serve Toronto, North York, Mississauga, Brampton, Vaughan, Newmarket, Oshawa, Milton, and surrounding GTA courts.
A founding partner of Mass Tsang LLP, Jeff specializes in DUI and impaired driving, bail hearings, drug and weapons offences, theft, fraud, domestic assault, sexual assault, aggravated assault, and murder.
Heather specializes in drinking and driving, dangerous driving, drug trafficking and possession, fraud, assault, and weapons offences.
Brian has acted as counsel on criminal driving offences including impaired driving and Over 80, alongside assault, sexual assault, theft, fraud, and weapons charges.
Allegations: Over 80, Impaired Operation of a Conveyance
Defence: Brought a Charter application challenging the lawfulness of the traffic stop and the subsequent demand for a breath sample. Argued that the officer lacked the requisite reasonable suspicion to make an approved screening device demand, and that the detention of the client violated ss. 8 and 9 of the Charter. Sought exclusion of the breath readings under s. 24(2).
Result: Application granted. Breath readings excluded. All charges dismissed.
Allegations: Impaired Driving, Over 80
Defence: Filed a Jordan application establishing that the time from the laying of charges to the projected end of trial had exceeded the 18-month presumptive ceiling for Ontario Court of Justice proceedings. Prepared a detailed chronology of all delay attributable to institutional and Crown-caused causes, demonstrating that the defence bore no responsibility for the delay.
Result: All charges stayed for unreasonable delay under s. 11(b) of the Charter.
Allegations: Drug-Impaired Driving
Defence: Challenged the qualifications of the Drug Recognition Expert called by the Crown and identified significant deviations from the standard 12-step DRE evaluation protocol during the assessment of the client. Argued that the deviations rendered the expert’s opinion unreliable and inadmissible as the opinion evidence of a qualified expert.
Result: Trial judge rejected the DRE’s expert opinion evidence as unreliable. Charge dismissed.
Allegations: Over 80 (BAC: 167 mg/100 mL)
Defence: Raised a violation of the client’s right to retain and instruct counsel under s. 10(b) of the Charter, arising from the manner in which the right to counsel was administered at the roadside. Also challenged the certificate of a qualified technician on the basis that the approved instrument had not been maintained in accordance with the manufacturer’s specifications during the relevant period.
Result: Crown withdrew all charges following completion of the voir dire on the Charter application.
Allegations: Impaired Operation, Failure to Comply with Breath Demand
Defence: Challenged the lawfulness of the breath demand, arguing that the officer had failed to form the requisite reasonable grounds to believe the client had consumed alcohol. Conducted a detailed cross-examination of the officer on the specific observations made, the sequence of events at the roadside, and the elapsed time between the stop and the making of the demand.
Result: Failure to Comply charge withdrawn by Crown. Client acquitted of Impaired Operation at trial.
Allegations: Over 80, Impaired Driving Causing Property Damage
Defence: Retained a toxicologist who provided evidence supporting the bolus drinking defence — demonstrating that, based on the client’s alcohol consumption pattern immediately prior to driving, the client’s BAC at the time of actual operation of the vehicle was below the legal limit of 80 mg per 100 mL of blood, notwithstanding the elevated breath reading obtained at the police station approximately 90 minutes later.
Result: Crown reduced all charges to Careless Driving under the Highway Traffic Act. No criminal conviction. No criminal record.
Police can demand a roadside screening test if they reasonably suspect you have alcohol or a drug in your body (s. 320.27). If they have reasonable grounds to believe you drove while impaired or over the legal limit, they can arrest you and demand breath or blood samples at the station (s. 320.28). Refusing a lawful demand is a separate offence, and a first refusal carries a $2,000 minimum fine, higher than the $1,000 minimum for a first impaired or Over 80 conviction (s. 320.19).
Canada’s Criminal Code treats impaired driving as a serious criminal offence. Consequences of a conviction can include:
Crown attorneys are not willing to outright dismiss DUI charges without compelling reasons. However, if there are definite flaws relating to the stop and detention, arrest, impairment screening methods, protection of Charter rights, or any other elements of the case, a skilled DUI lawyer will push for dismissal or a favourable resolution.
Yes. Since Bill C-46 (2018) raised the maximum penalty for impaired driving to 10 years, a conviction counts as “serious criminality” under s. 36(1) of the Immigration and Refugee Protection Act, which can lead to loss of permanent resident status and removal. Get advice early if immigration status is at stake.
You should speak with a lawyer as soon as possible and avoid discussing the case with anyone else. Early legal advice can help preserve your rights, guide your next steps, and improve your chances of a better outcome.
If convicted of a DUI offence in Toronto, or anywhere in Canada, minimum penalties include (summary of common floors — your facts may differ):
Maximums depend on summary vs indictable election. Get advice on the charging document in your case.
An experienced DUI lawyer may be able to favourably resolve a client’s DUI charges without a full trial and/or by negotiating with the prosecution where disclosure shows a serious flaw. Outcomes depend on the evidence — not promises.
Yes. A reading of 80 mg or more of alcohol per 100 mL of blood is one of the most common impaired driving charges, but it does not automatically result in a conviction. A drinking and driving lawyer can examine whether testing procedures were followed correctly and whether the results are reliable.
The Over 80 charge (Criminal Code s. 320.14) applies where an accused’s blood alcohol concentration is 80 mg or more of alcohol per 100 mL of blood, measured within two hours of driving. The Code sets exacting requirements for how that reading is obtained: evidentiary breath or blood samples must be taken by a qualified technician using an approved instrument (s. 320.28), and the results only count as conclusive proof of BAC if specific calibration, timing, and consistency conditions are met, including a system check before each sample, at least 15 minutes between samples, and no more than a narrow discrepancy allowed between results (s. 320.31). Certificates of analysis have their own notice and cross-examination rules (s. 320.32). Given those strict requirements, skilled DUI lawyers scrutinize the testing process itself, not just the final number, for gaps that can undermine the reading’s reliability.
The cost of hiring a DUI lawyer depends in large part on the complexity of the case and the amount of time needed to successfully defend the accused. Actual court time needed to hear most DUI cases is relatively short, though case complexities can increase hearing time due to motions. Along with court time, a DUI lawyer will also bill for preparation and any payments to outside research and/or expert witnesses as needed. Mass Tsang also publishes a transparent flat-fee starting point for defined work ($5,900* — see fee note above).
Yes. Once the waiting period has passed (five years after the sentence is completed for a summary conviction, or ten years for an indictable one) and other eligibility requirements are met, you can apply to the Parole Board of Canada for a record suspension, which keeps the record separate and apart from other criminal records (Criminal Records Act, ss. 4 and 6). Applying can call for the skills of counsel.
“Drunk driving” is a common term, but the law refers to impaired driving. It includes alcohol, drugs, or a combination of both. The legal consequences turn on the offence proved — not the label used in everyday speech.
Impaired driving laws in Toronto are covered under sections 320.11 to 320.4 of the Criminal Code of Canada. Depending on the circumstances, charges can include impaired operation, Over 80, failure/refusal to provide a breath sample, and care and control.
Every DUI case has distinct differences. Common defence pathways include:
Yes. A guilty finding in a DUI case will affect auto insurance. Many insurers will not provide or renew coverage after a DUI conviction, and rates are typically much higher than standard rates.
For defence advice on an impaired driving or related drinking and driving charge in Toronto, book a free consultation with Mass Tsang LLP at 416-781-1148. With more than 20 years of experience, our team of criminal defence lawyers provides service to clients in Toronto, North York, Richmond Hill, Mississauga, Brampton, Vaughan and all of Greater Toronto.
Police errors in impaired driving cases do not “cancel” charges on their own. However, when those mistakes affect evidence, procedure, or Charter rights, they can significantly weak…
Most people would agree that penalties for driving under the influence (DUI) of alcohol or drugs in Ontario are severe and assume that the even harsher penalties for repeat DUI offe…
When people charged with drinking and driving (D&D) offences in Ontario contact our Toronto-area law offices for help, their first questions typically revolve around whether the cha…
When you receive a DUI - the consequences go can far beyond possible jail time if you do not seek out skilled DUI Lawyers to fight your case. In recent news, a major story that h…
