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Criminal Law

Charged with a DUI in Bradford? Will I Lose My Licence Right Away Or Not?

Written by Vidit Deswal, LawyerAugust 5, 20268 min read

In brief

Losing your licence at the roadside is not the same thing as being convicted. What Ontario's 90 day administrative suspension actually is, what happens in court afterwards, and why the first few days matter.

On this page

Being charged with impaired driving is an unsettling experience, and it can leave anyone feeling anxious and uncertain. Along with concerns about court, fines, and insurance, one question usually comes up first: will I lose my driver's licence immediately? If you have recently received a DUI charge in Bradford, understanding what happens next can help you make informed decisions and avoid unnecessary mistakes.

Ontario has some of the most stringent impaired driving laws in Canada. That reflects the real dangers of alcohol and drug impaired driving. According to the Ontario Ministry of Transportation's Ontario Road Safety Annual Report 2022, there were 137 alcohol related road fatalities and more than 15,000 Criminal Code motor vehicle convictions in the province that year. These figures show why Ontario has adopted strict roadside enforcement measures alongside criminal penalties to improve road safety.

The good news is that an immediate licence suspension does not automatically mean you have been found guilty.

Can You Lose Your Licence Immediately After a DUI Charge?

In many situations, police in Ontario can suspend your driver's licence immediately after laying an impaired driving charge. This is known as an Administrative Driver's Licence Suspension, or ADLS. It is a provincial measure designed to keep potentially impaired drivers off the road while their criminal case proceeds.

According to an explanation from the Government of Ontario, motorists charged with a Criminal Code impaired driving offence may face an immediate 90 day Administrative Driver's Licence Suspension and a 7 day vehicle impoundment.

Although this can feel like a punishment, it is not a criminal conviction.

Understanding Ontario's 90 Day Administrative Licence Suspension

One of the most common questions people ask after an impaired driving charge in Ontario is whether the 90 day licence suspension applies to everyone.

In many cases, if police believe a Criminal Code impaired driving offence has been committed, your driver's licence will be suspended immediately for 90 days. Your vehicle may also be impounded for seven days.

Unlike a criminal sentence, this suspension takes effect before your first court appearance. Even if your case is later withdrawn or you are found not guilty, the administrative suspension would already have been served.

Does a Licence Suspension Mean You Are Guilty?

Even though you may lose your licence temporarily after being charged, the prosecution must still prove every element of the offence before a conviction can be entered.

Your case will proceed through the DUI court process in Ontario, where evidence is disclosed, legal arguments are presented, and the court decides whether the Crown has proven the charge beyond a reasonable doubt.

Because these cases can become legally complex, many people choose to consult an experienced impaired driving lawyer in Ontario shortly after being charged.

What Happens If You Are Convicted?

If the court finds you guilty, additional consequences may apply under both federal and provincial law.

For a first offence DUI in Ontario, the Criminal Code of Canada has mandatory minimum penalties, including a 1,000 dollar fine. If you are convicted, a criminal record is entered. Ontario may impose additional requirements before your driving privileges can be fully reinstated, including mandatory education or treatment programs and, where applicable, participation in the Ignition Interlock Program.

Administrative Penalties Compared to Court Imposed Penalties

Administrative Penalties (Immediately After the Charge)Court Imposed Penalties (If Convicted)
Immediate 90 day driver's licence suspension where applicableMinimum 1,000 dollar fine for a first offence
Seven day vehicle impoundmentCriminal record
Takes effect before your case is heardMinimum one year licence suspension under Ontario law
Administrative measure onlyMandatory education or treatment programs
Separate from the criminal caseIgnition interlock requirements before full licence reinstatement where applicable

What If You Refuse to Provide a Breath Sample?

Some people mistakenly believe that refusing to provide a breath sample will prevent police from gathering evidence. In reality, refusing can create an entirely separate legal problem.

According to the Criminal Code of Canada, refusing to give a breath sample is a criminal offence. It can carry penalties similar to those for impaired driving offences. Drivers still risk suspension of their driver's licence and impoundment of their vehicle.

Seeking legal advice at the earliest opportunity can help you understand how the evidence may affect your case.

What Happens After a DUI Charge in Ontario?

StageWhat Happens
Roadside StopPolice investigate signs of alcohol or drug impairment and may conduct roadside testing.
Charge LaidA Criminal Code impaired driving charge may be laid if sufficient grounds exist.
Administrative SuspensionAn immediate 90 day driver's licence suspension and seven day vehicle impoundment may apply.
DisclosureThe Crown provides the evidence that will be relied upon in court.
Court ProceedingsYour lawyer reviews the evidence, attends court, and advises you on possible resolutions or a trial.
Final OutcomeThe court determines whether the charge has been proven and imposes any applicable penalties.

Some cases are resolved within a few months, while others take longer depending on the evidence, court scheduling, and whether the matter proceeds to trial.

Can You Fight a DUI Charge?

Many people search online for how to fight a DUI in Ontario, but there is no universal answer because every impaired driving case is different.

An experienced lawyer carefully reviews all the evidence collected to determine whether police followed the required legal procedures. Issues such as the legality of the traffic stop, compliance with breath testing procedures, Charter rights, and the reliability of the evidence may all become relevant depending on the circumstances.

Due to the technical nature of impaired driving law, even minor procedural problems may affect the result of a case. That is one reason to get legal advice as soon as possible.

The Importance of Hiring a DUI Lawyer Early

In the first few days after a DUI charge in Bradford, evidence is being collected, disclosure is being prepared, and deadlines are approaching.

A good DUI lawyer will take the time to explain the charges against you, evaluate the evidence, protect your rights, and keep you informed about your case. If you are looking for an impaired driving lawyer in your area, choose someone experienced in Ontario impaired driving laws and practices.

An experienced DUI lawyer:

  • Explains all the charges
  • Reviews the available evidence
  • Protects your rights
  • Represents you in court
  • Explains the possible outcomes

Conclusion

An impaired driving charge is worrying, but knowing how the legal system works can make it easier to face. Ontario has an administrative licence suspension process that allows authorities to protect road safety until the criminal case is completed. An administrative licence suspension is different from a conviction, and every person accused has the right to contest the claims made against them.

If you are facing a DUI charge in Bradford, obtaining advice from an experienced DUI lawyer in Bradford as early as possible can help you understand the legal process, protect your rights, and make informed decisions about your case.

Frequently Asked Questions

Will I automatically lose my licence after a DUI charge in Ontario?

In many cases, yes. The Government of Ontario states that drivers charged with a Criminal Code impaired driving offence may receive an immediate 90 day Administrative Driver's Licence Suspension, separate from the criminal court process.

Does a 90 day licence suspension mean I have been convicted?

No. An administrative suspension is not a criminal conviction. The Crown must still prove the charge in court before a conviction can be entered.

What are the penalties for a first DUI conviction in Ontario?

For a first offence in Ontario, the Criminal Code of Canada provides a mandatory minimum fine of 1,000 dollars. Additional provincial consequences, including licence suspension and reinstatement requirements, may also apply.

Can I be charged if I refuse to provide a breath sample?

Yes. Refusing to provide a breath sample can be a criminal offence under the Criminal Code of Canada and may carry penalties similar to impaired driving.

When should I contact a lawyer after being charged?

It is advisable to speak with an experienced impaired driving lawyer in Ontario or a DUI lawyer in Bradford as soon as possible so they can review the evidence, explain your options, and help you prepare your defence.

Talking to a lawyer in Bradford

Sanctum Law acts for drivers charged in Bradford West Gwillimbury and across Simcoe County. See how we work with Bradford clients, or call the firm before you explain anything to anyone.

This article is general information, not legal advice, and reading it does not create a lawyer-client relationship. For advice on your situation, speak with a lawyer.

Written by

Vidit Deswal, General Practice

Vidit Deswal

Lawyer, General Practice

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Related practice areaCriminal Law

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