Charged With Impaired Driving in Vaughan or Toronto? What Happens in the First 30 Days

Avi Baratz
(416) 937-3777 avi@baratzlaw.com

The first month after an impaired driving charge is confusing because two separate systems start at once. Ontario’s Ministry of Transportation suspends your licence and impounds your car before you have seen a judge. The criminal court, meanwhile, schedules a first appearance that decides nothing. This guide walks through what actually happens in the first 30 days for drivers charged in Vaughan and Toronto, and what you should do at each stage.

Day 0: The Roadside and the Station

Most charges begin at a RIDE check, a traffic stop or a collision. In Vaughan, that means York Regional Police; in Toronto, the Toronto Police Service. If a roadside screening device registers a fail, or you refuse to blow, you are arrested and taken to the station for breath tests on an approved instrument.

Before you leave the station, three things have usually already happened:

• A 90-day administrative licence suspension starts immediately. It applies whether or not you are ever convicted.
• Your vehicle is impounded for 7 days. Towing and storage are at your expense, and the impound runs regardless of who owns the car.
• You are given release documents (an undertaking or appearance notice) with a first court date and conditions, often including a condition not to drive.

Keep every piece of paper from this night. The times recorded on the breath-test documents and the notice of suspension matter later.

Days 1 to 7: Getting the Car Back and Getting Advice

The vehicle can be released after seven days to the registered owner, who pays the tow and storage fees first. You cannot drive it out yourself if you are suspended.

This is also the week to speak with a lawyer. Impaired driving cases turn on detail: when the breath demand was made, when you were told about your right to counsel, how long you waited to speak with a lawyer, and whether the instrument was operated correctly. Those details are freshest now. Write down your own timeline of the night while you still remember it, including what you ate and drank and when.

If you drive for a living, tell your employer only what you need to. A charge is not a conviction. Get advice before making any statement to an employer or insurer.

Days 7 to 30: Disclosure and the First Court Date

Where your case is heard depends on where you were charged:

• Vaughan: at the Newmarket courthouse, 50 Eagle Street West. Charges from Vaughan are not heard in Vaughan. Read more about impaired driving defence in Vaughan.
• Toronto: at the Ontario Court of Justice, 10 Armoury Street, just north of City Hall. Read more about impaired driving defence in Toronto.

The first appearance is usually two to five weeks after the arrest. It is not a trial, and you will not be asked to plead. The Crown provides initial disclosure, the police evidence, and the case is adjourned so the defence can review it. A lawyer can often attend this appearance for you, or arrange a virtual appearance, so that you do not have to miss work.

Disclosure in an impaired case typically includes officer notes, the breath-room video, instrument records and the alcohol-influence report. The defence reviews all of it for Charter issues, such as an unlawful stop or a delay in giving you access to counsel, that can lead to evidence being excluded.

What You Cannot Do During the 90 Days

Ontario does not issue hardship or work permits during the administrative suspension. Driving while suspended is a separate offence that makes your situation considerably worse. Plan transit, rides or a car service for the full 90 days, and do not get behind the wheel until the suspension ends and you have paid the reinstatement fee.

What the Penalties Look Like If You Are Convicted

A first conviction brings a criminal record, a minimum one-year driving prohibition and a minimum $1,000 fine, rising for high readings and to $2,000 for a refusal. Insurance usually becomes far more expensive, and travel to the United States can be affected. Our impaired driving, DUI and over 80 page has the full breakdown.

None of that is decided in the first 30 days. What is decided is whether you preserved evidence, followed your conditions and got your defence started while the case could still be shaped.

A Checklist for the First Month

• Do not drive during the 90-day suspension.
• Keep all police and court documents together.
• Write down your timeline of the night.
• Retrieve the vehicle after seven days through the registered owner.
• Do not discuss the case on social media or with the police.
• Speak with a criminal defence lawyer before your first court date.

If you have been charged with impaired driving in Vaughan, Toronto or anywhere in the GTA, contact Baratz Law for a confidential consultation at 416-937-3777.