Azam MurjiOne stop, three common charges
The Crown prosecutes impaired driving, often called DUI, under section 320.14 of the Criminal Code.
- Impaired operation
Section 320.14(1)(a). Operating a vehicle, boat or other conveyance while ability is impaired by alcohol or a drug.
- Over 80
Section 320.14(1)(b). A blood alcohol concentration at or above 80 milligrams of alcohol per 100 millilitres of blood within two hours after driving.
- Refusal
Section 320.15. Refusal or failure to comply with a lawful demand for a breath or other sample, charged where a roadside or station sample is not provided. Penalties are at least as severe as those on an over 80 conviction.
The Crown need not prove impaired driving for an over 80 charge. The offence is the blood alcohol level itself, which is why these prosecutions turn heavily on how the samples were demanded, taken, and analyzed.
The case starts at the roadside
- 01
Stop
Most cases begin with a traffic stop, a collision, or a complaint call.
- 02
Roadside screening
Police may demand a roadside screening sample. Since December 2018, they need no grounds to suspect alcohol in the body where a driver is lawfully stopped.
- 03
Station samples
A failed screening test leads to arrest and a demand for evidentiary samples at the station. A qualified technician takes them on an approved instrument: a breath-testing machine the law accepts as court evidence. There are ordinarily two samples, at least 15 minutes apart.
- 04
Licence suspension and impoundment
After a reading over 80 or a refusal, Ontario imposes a 90-day administrative licence suspension and a 7-day vehicle impoundment. Administrative means the province imposes both right away, before any finding of guilt by a court.
- 05
Release and a court date
Police usually release the accused on an appearance notice or an undertaking, with a first court date several weeks out.
- 06
Disclosure review
Disclosure is the Crown's copy of the evidence: officer notes, breath room video, instrument records, and maintenance logs. Review of that disclosure is ordinarily where a defence is identified.
Call Azam Murji before that first court date.
What a conviction carries
$1,000
Mandatory minimum fine on a first conviction
1 year
Minimum driving prohibition on a first conviction
$1,500
Minimum fine at 120 milligrams or more
$2,000
Minimum fine at 160 milligrams or more, or for refusal
30 days
Minimum jail on a second conviction; 120 days on a third or later
10 years
Maximum on indictment, the more serious of the two ways the Crown can proceed
The jail minimums require the Crown to give notice before the plea. Since July 2026, a court must impose a shorter jail term where a jail minimum would be cruel and unusual for that offender. Provincial consequences run alongside the criminal sentence: licence reinstatement fees, the Back on Track remedial program, and a period with an ignition interlock. Ontario's interlock program can shorten the period during which no driving is permitted.
Azam Murji has prosecuted impaired driving charges
Now Mr. Murji defends them, and holds the Crown to what it must prove.
The sentence is often the smaller part
A conviction can follow a person to work and across the border.
- A criminal record
Disclosed on most employment and volunteer screening checks.
- Insurance
Premiums commonly increase sharply, and some insurers decline to renew.
- Employment
Positions that require driving are commonly affected.
- Immigration
For permanent residents and foreign nationals, a conviction can put status in Canada at risk.
- Travel
Questions at the border can follow a conviction.
Since December 2018, impaired driving has been "serious criminality" under the Immigration and Refugee Protection Act. These consequences are a reason to review the Crown's case before any plea is entered.
Testing the Crown's case
Most defences begin in one of these areas.
- Factual defences
- Identity of the driver
- Whether there was care or control of the vehicle
- Whether impairment is proven, as opposed to the mere presence of alcohol
- Technical defences
- The two-hour presumption
- The timing and wording of the demands
- The 15-minute observation and interval requirements
- The qualification of the technician
- The maintenance and operation records of the instrument
- Charter defences
- Whether the stop was lawful (section 9)
- Whether the demand and search were reasonable (section 8)
- Whether the right to counsel was given effect before the samples (section 10(b))
- Whether the case has taken too long to reach trial (section 11(b))
- Where a breach is established, section 24(2) may result in exclusion of the readings
The disclosure review shows which of these, if any, applies in a particular case.
Common questions
Does refusing a breath test avoid a charge?
Refusal is its own criminal offence under section 320.15, with a minimum $2,000 fine and the same licence consequences. Refusing does not avoid the charge; it usually adds one.
What happens to your licence after the arrest?
Ontario imposes a 90-day administrative suspension immediately, before any court finding. On conviction, a driving prohibition of at least one year follows, subject to the ignition interlock program.
Does every impaired charge go to trial?
No. Many resolve after disclosure review, some by withdrawal or a plea to a provincial offence such as careless driving where the evidence supports it. Whether to set a trial date depends on the strength of the Crown's file.
Is jail likely on a first offence?
A first conviction at ordinary readings carries a fine and prohibition, not a minimum jail term. Aggravating facts such as collisions, injuries, or very high readings change that assessment.
How long does a conviction stay on a record?
A conviction remains until a record suspension is granted. Eligibility begins five years after the sentence is completed for summary matters and 10 years for indictable ones.
Can a person drive again before the prohibition ends?
In some cases, yes, with an ignition interlock. After a first or second conviction for alcohol-impaired driving, Ontario's reduced suspension program can shorten the time with no driving. Offences involving drugs, bodily harm or death do not qualify.
Every case turns on its own facts and evidence.
Charged with impaired driving or over 80?
In the initial consultation, Azam Murji goes through the charge, the next court date, the likely court process and the options available. Consultations are confidential and carry no obligation to hire Mr. Murji.
Calls and texts go to Mr. Murji himself. The initial consultation is free.