Toronto Criminal Lawyer

Every year between late November and early January, Ontario sees a sharp increase in impaired driving enforcement. Police services across the Greater Toronto Area and throughout the province ramp up RIDE (Reduce Impaired Driving Everywhere) programs, increase patrols near bars and restaurants, and dedicate additional resources to detecting impaired drivers on the road.

The holiday season — with its office parties, family gatherings, New Year's Eve celebrations, and general increase in social drinking — brings a corresponding increase in impaired driving charges. Understanding the law, the penalties, and your rights during this period can help you make better decisions and respond appropriately if you are stopped.

Increased Enforcement During the Holidays

Ontario police services publicly announce expanded RIDE programs during the holiday season each year. The Toronto Police Service, Ontario Provincial Police, Peel Regional Police, York Regional Police, and Durham Regional Police all participate in holiday enforcement campaigns that typically begin in late November and run through early January.

During these campaigns, you are significantly more likely to encounter a RIDE checkpoint. These checkpoints may be set up on major roads, near entertainment districts, outside shopping centres, and along routes commonly used by people leaving bars or party venues. Officers staff these checkpoints around the clock, with particular focus on evening and late-night hours.

With the introduction of mandatory alcohol screening in December 2018, officers at RIDE checkpoints can now demand a breath sample from any driver they lawfully stop, without needing to suspect the driver has been drinking. This means that every vehicle passing through a checkpoint could potentially be tested. For a more detailed discussion of roadside testing powers, see our article on roadside testing in Ontario.

Current Penalties for Impaired Driving

The penalties for impaired driving in Ontario are among the most severe for any criminal offence. They combine federal criminal sanctions under the Criminal Code with provincial consequences under Ontario's Highway Traffic Act. For a first offence:

• Criminal Code penalties — A mandatory minimum fine of $1,000 for impaired driving, or $2,000 if the blood alcohol concentration (BAC) is at or over 80 mg per 100 mL of blood. A mandatory minimum driving prohibition of one year. A criminal record that stays with you permanently unless a record suspension (pardon) is obtained.
• Provincial consequences — An immediate 90-day administrative driver's licence suspension upon being charged. Vehicle impoundment for 7 days. Mandatory completion of the Back on Track program. Installation of an ignition interlock device for a minimum of one year after the criminal driving prohibition ends.
• Insurance impact — A conviction results in dramatically increased insurance premiums for years, and some insurers may refuse coverage entirely. The financial impact over time can be tens of thousands of dollars.

For second and subsequent offences, the penalties escalate sharply. A second offence carries a mandatory minimum of 30 days imprisonment and a three-year driving prohibition. A third offence carries a mandatory minimum of 120 days imprisonment. In cases involving bodily harm or death, the maximum penalties are 14 years and life imprisonment, respectively.

Cannabis and Drug-Impaired Driving

Since the legalization of recreational cannabis in October 2018, drug-impaired driving has received increased attention from police and prosecutors. The same holiday enforcement campaigns that target alcohol impairment also target drug impairment.

Under the Criminal Code, it is an offence to operate a motor vehicle while impaired by any drug or by a combination of alcohol and a drug. The legislation also sets prohibited levels of THC (the active compound in cannabis) in the blood:

• Having 2 nanograms (ng) but less than 5 ng of THC per millilitre (mL) of blood is a summary conviction offence with a maximum fine of $1,000
• Having 5 ng or more of THC per mL of blood is treated the same as having a BAC at or over 80 mg, with the same mandatory minimum penalties
• A combined offence exists for having both THC (2.5 ng or more) and alcohol (50 mg or more per 100 mL of blood) in your system

Detection of drug impairment at the roadside is more complex than alcohol detection. Officers may use Standardized Field Sobriety Tests and, where approved equipment is available, oral fluid screening devices. If drug impairment is suspected, a Drug Recognition Expert evaluation may be demanded at the station.

Your Rights If You Are Stopped

Being stopped at a RIDE checkpoint or during a traffic stop does not mean you have no rights. While you must comply with lawful demands — including producing your driver's licence, registration, and insurance, and providing a breath sample if demanded — you retain several important protections:

• You are not required to answer incriminating questions — You do not have to tell the officer whether you have been drinking, where you are coming from, or how many drinks you have had. You can politely decline to answer these questions. For more on this topic, see our page on the right to remain silent in Canada.
• You must be treated lawfully — The stop must have a lawful basis. The demand for a breath sample must be made by an officer with an approved screening device. The process must be conducted without unreasonable delay.
• Right to counsel at the station — If you are arrested and taken to the station for testing on an approved instrument (such as the Intoxilyzer), you have the right to be informed of your right to retain and instruct counsel without delay. You have the right to speak with a lawyer before providing a breath sample at the station.

It is important to remain calm, polite, and cooperative during a stop, even if you believe the officer is acting improperly. Confrontation at the roadside rarely helps. Any issues with the legality of the stop or the testing process can be addressed later through the court process with the assistance of counsel.

If You Are Charged

If you are charged with impaired driving during the holiday season — or at any time — the steps you take immediately afterward matter. Key considerations include:

• Contact a lawyer promptly — Impaired driving charges are serious and complex. Early legal advice helps ensure that no opportunities are missed and that your rights are protected from the outset.
• Document what you remember — As soon as possible after the incident, write down everything you remember about the stop, the testing process, what the officers said and did, and any other relevant details. Memory fades quickly, and these details can be important to your defence.
• Comply with your conditions — If released with conditions (such as abstaining from alcohol or not driving), comply with them strictly. A breach of conditions is a separate criminal offence and will make your situation worse.
• Attend your court date — Failing to appear in court is itself a criminal offence and can result in a warrant for your arrest.

Prevention Is the Best Strategy

The most straightforward advice remains the most effective: if you plan to drink or consume cannabis, do not drive. Toronto and the GTA offer numerous alternatives, particularly during the holiday season:

• Designate a sober driver before the event begins
• Use ride-sharing services or taxis
• Use public transit — the TTC operates extended hours on New Year's Eve and other major holidays
• Stay overnight where you are celebrating
• Be aware that impairment can persist well into the next morning — "morning after" charges are not uncommon for people who drank heavily the previous evening and drove early the next day

The consequences of an impaired driving conviction extend far beyond the immediate legal penalties. A criminal record affects employment, travel, immigration status, and personal relationships. The financial costs — including fines, legal fees, insurance increases, and the ignition interlock program — can total tens of thousands of dollars over several years.

For a comprehensive overview of the criminal process if you are charged, see our guide on what happens after arrest in Ontario. If you have been charged and need legal guidance, contact our office to arrange a consultation.