Can I Drive After Being Charged With DUI in Ontario? Everything You Need to Know
It is one of the first practical questions that hits you after a DUI charge — sometimes before you have even left the roadside.
You have a job to get to tomorrow morning. You have children to drop at school. You have obligations, appointments, and a life that depends on being able to drive. And now, standing there with a charge laid against you and a notice of suspension in your hand, you are trying to understand exactly what this means for your ability to drive starting right now — tonight, tomorrow, and the weeks and months ahead.
The honest answer is the one you need to hear immediately: in almost all circumstances, you cannot legally drive after being charged with impaired driving in Ontario.
Not the next morning. Not when you feel sober. Not before your court date. Not while waiting for the process to resolve.
Understanding why — and understanding exactly what the suspension means, how long it lasts, what exceptions if any exist, and what happens next — is essential to managing the immediate practical consequences of your charge and avoiding the additional offences that a surprising number of people inadvertently commit by driving during a suspension they did not fully understand.
This guide explains everything clearly and completely.
The Immediate Roadside Licence Suspension — What Happened Before You Left the Scene
The moment a police officer charges you with impaired driving in Ontario, they are required under the Highway Traffic Act to immediately suspend your driver’s licence. This suspension is not a future consequence — it takes effect immediately, at the roadside, before you leave the scene.
The officer who charged you should have taken your physical licence and provided you with a Notice of Suspension — a document confirming that your licence has been suspended and the terms of that suspension. This document is important. Keep it. It confirms the date the suspension began, which determines when it ends.
The immediate roadside suspension is an administrative action — it is imposed by the government of Ontario under the Highway Traffic Act, not by a criminal court, and it does not require any finding of guilt. It takes effect automatically and runs its full course regardless of what happens in the criminal proceeding. Even if your DUI charge is eventually withdrawn, reduced, or results in an acquittal, the administrative licence suspension is a separate and independent action that is not reversed by the criminal outcome.
How Long Is the Licence Suspension After a DUI Charge in Ontario?
The length of the immediate administrative licence suspension depends on the circumstances of your charge and your prior history.
First DUI Charge — 90 Days
For a first impaired driving charge in Ontario with no prior DUI-related history, the immediate administrative licence suspension is 90 days. This is a calendar suspension — it runs continuously from the date it was imposed at the roadside. There are no exceptions, no early termination provisions, and no hardship permits available during this period.
Second or Subsequent DUI Charge Within 10 Years — 90 Days
The same 90-day suspension applies for subsequent charges within a 10-year window, though the escalating criminal consequences for repeat offences are significantly more severe.
Charge Involving a Crash Causing Bodily Harm or Death
Where the impaired driving charge involves a crash causing bodily harm or death, additional suspension consequences and conditions may apply beyond the standard administrative framework.
Can I Get a Hardship Permit to Drive During the Suspension?
This is one of the most common questions we receive from clients who have just been charged — and the answer requires care.
Ontario does not offer a general hardship permit during the 90-day administrative licence suspension following a DUI charge. There is no provision under the Highway Traffic Act that allows you to drive to work, to medical appointments, or for any other purpose during the administrative suspension period.
This is a point of significant practical disruption for many people — particularly those who live in parts of Toronto or the GTA where public transit is limited, those who drive as part of their job, and those who have family caregiving responsibilities that depend on a vehicle.
The absence of a hardship permit provision makes it even more important to understand the suspension clearly from day one — because attempting to drive during the suspension, for any reason, creates serious additional legal problems.
What Happens If You Drive During the Suspension?
Driving while your licence is suspended in Ontario — for any reason, under any circumstances — is a serious offence under the Highway Traffic Act.
If you are caught driving during the administrative suspension following a DUI charge, the consequences are immediate and severe:
Automatic additional vehicle impoundment — 45 days
Additional fine — $5,000 to $25,000 for a first offence of driving while suspended
Possible imprisonment — up to six months for a first offence of driving while suspended, more for subsequent offences
Further demerit points
Extended suspension consequences
And critically — driving while suspended while also facing DUI charges demonstrates to a court exactly the kind of disregard for traffic safety laws that judges consider in determining sentence. It makes every aspect of your criminal case harder to resolve favourably.
No errand, no appointment, no work obligation, and no family responsibility justifies driving during a licence suspension. The consequences of being caught are immediate and compound an already difficult legal situation significantly.
Your Vehicle Has Also Been Impounded — What You Need to Know
Alongside the licence suspension, your vehicle was impounded at the time of your charge. For a first impaired driving charge in Ontario, the standard impoundment period is 7 days.
The costs of towing to the impound facility and storage fees during the impoundment period are your responsibility and must be paid before the vehicle can be released. These costs typically amount to several hundred dollars and begin accumulating from the moment the vehicle is towed.
You cannot retrieve your vehicle during the impoundment period even if someone else is driving. The vehicle itself is impounded — not just your access to it. A licensed driver cannot pick it up on your behalf during the 7-day period.
After the impoundment period ends, you or another authorized person can retrieve the vehicle upon payment of all outstanding towing and storage fees — but you personally still cannot drive it if your licence remains suspended.
After the 90-Day Suspension — What Happens to Your Licence?
The 90-day administrative suspension is not the end of your driving restrictions. What happens after it depends on the stage and outcome of your criminal proceedings.
If the Criminal Charge Is Still Pending
If your DUI case has not yet been resolved — either through a withdrawal, a conviction, or an acquittal — when the 90-day administrative suspension ends, you may be eligible to participate in Ontario’s Ignition Interlock Licence Suspension Reduction Program, which allows you to drive during the period your criminal case is proceeding provided you install an ignition interlock device on any vehicle you operate.
This program does not restore a full, unrestricted licence — it allows conditional driving with ignition interlock as a substitute for the remaining suspension period while your case is pending. Whether this option is available and appropriate in your specific situation is something your lawyer at Costa Law Firm will advise you on.
If the Criminal Charge Results in an Acquittal or Withdrawal
If your DUI charge is successfully defended — withdrawn by the Crown, stayed, or acquitted at trial — the administrative licence suspension you have already served does not get reversed. You served 90 days of suspension as an administrative consequence of the charge, and that suspension does not get refunded by a successful criminal outcome.
However, a successful defence does mean you avoid the additional criminal driving prohibition — the court-imposed prohibition that stacks on top of the administrative suspension upon conviction and extends your total period of driving restrictions significantly beyond 90 days.
If the Criminal Charge Results in a Conviction
A conviction for impaired driving in Ontario triggers a mandatory criminal driving prohibition under the Criminal Code in addition to everything the Highway Traffic Act has already imposed. For a first conviction, the mandatory minimum criminal prohibition is one year — served following the completion of the administrative suspension that began at the roadside.
In practical terms, this means a person convicted of a first DUI offence in Ontario may face a total driving restriction period — administrative suspension plus criminal prohibition — of approximately one year and three months from the date of charge before they can apply for full licence reinstatement, and even that reinstatement is conditional on completing the Back on Track program and installing ignition interlock.
The criminal prohibition is a court order — driving in violation of it is a separate and serious criminal offence under the Criminal Code.
The Path Back to Driving — What Is Required for Reinstatement
Understanding what is required to get your licence back helps you plan during what can be a lengthy period of driving restriction.
Step 1 — Complete the Administrative Suspension Period
The 90-day administrative suspension must run its full course. There is no way to shorten it.
Step 2 — Participate in the Back on Track Program
Ontario’s mandatory education and treatment program for impaired drivers must be completed as a condition of reinstatement. This involves an assessment, an education or treatment component, and a follow-up interview. There is a program fee.
Step 3 — Install an Ignition Interlock Device
Licence reinstatement in Ontario following an impaired driving charge is conditional on installing an ignition interlock device on any vehicle you operate. The minimum interlock period for a first charge is one year. The device requires you to provide a clean breath sample before the vehicle will start and records all test results.
Step 4 — Complete Any Criminal Driving Prohibition (If Convicted)
If your criminal charge resulted in a conviction, the criminal driving prohibition must be completed before unrestricted reinstatement can be sought.
Step 5 — Pay All Outstanding Fines and Fees
All fines, victim fine surcharges, program fees, and vehicle impoundment costs must be paid before licence reinstatement.
Step 6 — Apply for Reinstatement
Once all conditions are met, an application for licence reinstatement is made through the Ministry of Transportation. Reinstatement fees apply.
The complexity of this pathway — and the number of conditions that must all be met before you can drive normally again — is one of the most compelling arguments for retaining experienced legal counsel who can challenge the charge itself and potentially avoid some or all of these consequences.
What Happens to Your Licence If You Are From Another Province or Country?
If you hold an out-of-province or international licence and are charged with impaired driving in Ontario, the administrative suspension still applies to your ability to drive in Ontario — your licence is suspended for Ontario purposes regardless of which jurisdiction issued it.
Additionally, Ontario shares driving record information with other Canadian provinces and with the United States under reciprocal agreements. A DUI charge and any resulting conviction in Ontario will typically be reflected in your home province’s or state’s records, affecting your licence status and driving record there as well.
For drivers from other provinces or countries, the cross-jurisdictional consequences of a DUI charge in Toronto add complexity and urgency to the decision to retain legal counsel immediately.
How Costa Law Firm Helps You Navigate This
A DUI charge does not have to define your driving future — or any other part of your future. What it requires is the right legal response, from the right team, beginning as early as possible.
At Costa Law Firm, our impaired driving defence lawyers have been handling DUI cases in Toronto and across the GTA since 1993. We understand the administrative consequences, the criminal process, the Charter arguments, and the technical breathalyzer evidence. We know how to challenge impaired driving charges effectively — and we know what it takes to achieve the outcomes that matter most to the people who come to us.
We cannot undo the administrative suspension that has already begun — that is an automatic consequence of the charge. What we can do is fight the criminal charge itself, pursue every available defence, and work toward an outcome that minimizes the total impact this charge has on your life.
Clients who call us early — before they have made statements to police, before they have appeared in court unrepresented, before the disclosure window has narrowed — consistently achieve better outcomes than those who wait.
We serve clients in Toronto, Mississauga, Brampton, Markham, Richmond Hill, Pickering, Ajax, Whitby, Milton, Hamilton, Newmarket, Barrie, and Vaughan. We are available 24 hours a day, seven days a week for clients facing urgent criminal charges.
📞 Call Costa Law Firm now at (416) 535-6329
🌐 Contact us at costalawfirm.ca/contact-us/
The suspension has started. The clock is running. The time to act is now.
Frequently Asked Questions — Driving After a DUI Charge in Ontario
Q1: Can I drive to work after being charged with impaired driving in Ontario?
No. Ontario does not provide a hardship exemption or a work permit that allows driving during the 90-day administrative licence suspension imposed at the time of an impaired driving charge. The suspension applies completely and without exception — you cannot drive to work, to medical appointments, to pick up children, or for any other purpose during the suspension period. Driving while suspended in Ontario is a serious offence under the Highway Traffic Act that carries its own significant penalties — including additional fines of $5,000 to $25,000, possible vehicle impoundment for 45 days, and potential imprisonment. No employment obligation, caregiving responsibility, or personal circumstance justifies driving during the suspension. Contact Costa Law Firm at (416) 535-6329 for advice on managing your situation during the suspension period and on the full legal options available to you.
Q2: If my DUI charge is dropped, does my licence get reinstated immediately?
If your DUI criminal charge is successfully defended — withdrawn by the Crown, stayed, or acquitted at trial — you avoid the criminal driving prohibition that would have been imposed upon conviction. However, the 90-day administrative licence suspension that began at the time of your charge is a separate administrative action that runs independently of the criminal proceeding. It does not get reversed or shortened because the criminal charge was resolved in your favour. What a successful defence does accomplish is preventing the additional criminal driving prohibition — which for a first conviction would have been a mandatory minimum one year on top of the administrative suspension — from being imposed. The difference between serving 90 days of administrative suspension and serving 90 days plus a year-long criminal prohibition is significant — and it is one of the most concrete illustrations of the value of fighting a DUI charge with experienced legal counsel.
Q3: Can someone else drive my car for me during my suspension?
Another licensed driver can drive your vehicle on your behalf during the period your licence is suspended — provided your vehicle has been released from the 7-day impoundment period that applies following the charge. During the 7-day impoundment, no one can access or drive the vehicle, even with a valid licence. Once the impoundment period ends and the vehicle is retrieved by a licensed driver, another licensed driver can operate it. You, however, cannot be in the driver’s seat or in a position of care or control of the vehicle while your licence is suspended — even if the vehicle is parked or the engine is off in certain circumstances. Care and control issues are technically complex and factually specific, so contact Costa Law Firm at (416) 535-6329 for advice on your specific situation.
Q4: How does the 90-day administrative suspension relate to the criminal licence prohibition?
These are two completely separate driving restrictions imposed under different legislation and on different timelines. The 90-day administrative licence suspension is imposed immediately at the roadside under Ontario’s Highway Traffic Act — it requires no court proceeding and begins the moment you are charged. The criminal driving prohibition is a court-imposed consequence under the Criminal Code of Canada that only applies upon conviction — for a first conviction, a mandatory minimum of one year. The criminal prohibition is served following the administrative suspension, meaning the total period of driving restrictions for a person convicted of a first DUI offence in Ontario is the 90-day administrative suspension plus the one-year criminal prohibition — plus the time it takes to meet all reinstatement conditions including Back on Track and ignition interlock. Avoiding conviction through successful criminal defence eliminates the criminal prohibition entirely and limits your driving restrictions to the 90-day administrative suspension already running.
