Charged with impaired or over 80 in Ontario: what happens to your licence and car right away?

If a breath or blood test shows 80 mg of alcohol or more in 100 mL of blood, or you fail or refuse a police demand, Ontario suspends your licence for 90 days and impounds the vehicle you were driving for 7 days, right at the roadside. These are administrative measures under the Highway Traffic Act: they start before any court date and run separately from the criminal case. A conviction later brings its own, longer suspension and a Criminal Code driving prohibition.

Many people charged with impaired driving or over 80 are surprised that they lose their licence and their car the same night, long before a judge hears anything. This page walks through those immediate consequences, what the Act lets you do about them, and how they differ from what happens if you are convicted. For the charges themselves and how they are defended, see our main page on impaired driving in Ontario.

What happens to your licence and car, step by step?

1. The trigger. Section 48.3 of the Highway Traffic Act applies when an analysis of breath or blood taken under a Criminal Code demand shows 80 mg of alcohol or more in 100 mL of blood, or when you failed or refused a demand for breath, blood, oral fluid or urine, physical coordination tests or an evaluation (s. 48.3(3)).
2. The request for your licence. The officer must ask you to surrender your licence, and it is suspended for 90 days from the moment of that request, whether or not you are able to hand it over (s. 48.3(1) and (2)).
3. No hearing first. You have no right to be heard before the suspension takes effect (s. 48.3(3.1)).
4. The written statement. The officer must give you a statement showing when the suspension starts, how long it lasts and where you can recover your licence (s. 48.3(4)(c)). If the officer could not ask for your licence, the Registrar mails a notice instead and the suspension runs from the date set out in it (s. 48.3(6) and (7)).
5. The vehicle is detained. Whenever the officer has to ask for your licence under section 48.3, the officer must also detain the vehicle you were driving and send it to an impound facility for seven days, at the owner's cost and risk (s. 48.4(1)).
6. The impound notice. The officer serves you with a notice identifying the vehicle, the impound period and where it can be recovered. Serving you counts as notice to the owner, and police must also send the owner a copy (s. 48.4(4) to (6)).
7. The criminal charge goes ahead separately. You are usually released with paperwork and a court date. Read what your release papers require, because conditions on an undertaking bind you until the case ends.

The Act describes both measures as safeguards for the public that are "not an alternative" to any proceeding or penalty arising from the same circumstances (s. 48.3(10) and s. 48.4(20)). The 90 days and the 7 days are served no matter how the criminal case later ends.

What exactly are the penalties at the roadside?

Ontario's impaired driving page lists the same roadside package for everyone who blows 0.08 or more, fails or refuses a demand, or performs poorly during a Drug Recognition Expert evaluation:

The province adds a licence reinstatement fee every time a licence is suspended. Its reinstatement page lists that fee as $281, and before a new licence is issued you must pay any outstanding fines, complete any court processes or court-ordered programs needed to clear the suspension, and have the documents showing it has been lifted. Young and novice drivers and commercial drivers face further penalties as well; our page on a warn-range reading between 0.05 and 0.08 covers the zero-tolerance rules.

What happens to the car?

The impoundment under section 48.4 follows the vehicle, not the driver, which is why it can hurt a spouse, a parent or an employer who owns the car. The Act sets out the rules:

• Seven days from the time of detention. The vehicle is released to its owner when the period ends (s. 48.4(1) and (2)).
• Pay first. The impound facility does not have to release the vehicle until the removal and impound costs are paid, and those costs are a lien on the vehicle (s. 48.4(14) and (15)).
• Owner and driver both owe the costs. They are jointly and severally liable, and the owner can sue the driver for the costs and other losses of the impoundment (s. 48.4(16) and (17)).
• Stolen vehicles. Police can release the vehicle early if they are satisfied it was stolen at the time (s. 48.4(3)).
• Your belongings. Personal property left in the car that is not part of its operation must be made available to its owner at reasonable times, on request and proof of ownership (s. 48.4(12)).
• No appeal. There is no appeal from, and no right to be heard before, the detention or impoundment (s. 48.4(13)).

Can you challenge the 90-day suspension?

Only on narrow grounds. Section 50.1 lets you appeal a section 48.3 suspension to the Licence Appeal Tribunal, but the only grounds are that you are not the person to whom the section 320.28 demand was made, or that you failed or refused to comply with a demand because you were unable to for a medical reason (s. 50.1(2)(a)). You must file written material in support, the suspension keeps running while the appeal is pending, and the Tribunal's decision is final (s. 50.1(3), (6) and (7)).

That means arguments about whether the stop was lawful, whether the breath instrument was working, or whether your rights were respected do not undo the 90 days. Those arguments belong in the criminal case, where a successful Charter application to exclude evidence can change the outcome of the charge itself.

How is this different from what happens if you are convicted?

There are three separate tracks, and people often blur them:

A few rules connect the tracks. The conviction suspension under section 41 runs at the same time as whatever is left of the 90-day suspension (s. 41(3.1)). It also continues past the one or three years until you complete any conduct review program you were required to take (s. 41(4.1)), which can include Ontario's Back on Track remedial measures program. And a discharge counts: section 41 applies as if you were convicted if you plead guilty or are found guilty and receive a discharge (s. 41(5)). Our page on what a withdrawal, discharge or conviction means explains those outcomes generally.

For a refusal charge, the criminal penalties differ in one important way, set out in our guide to the penalties for refusing a breath or drug test. For the route back to driving after a conviction, including Ontario's reduced suspension program, see driving sooner with an ignition interlock.

What changes the answer?

• The reading, or a refusal. Section 48.3 needs a breath or blood analysis of 80 mg or more, or a failure or refusal (s. 48.3(3)). An impaired operation charge with neither does not meet those criteria, although a warn-range reading can still bring a shorter suspension under section 48.
• Drugs instead of alcohol. A separate 90-day suspension applies after an evaluation by an evaluating officer where the officer reasonably believes your ability was impaired by a drug or by a drug and alcohol (s. 48.3.1(1) to (3)), and the 7-day impound applies to it too (s. 48.4(1)).
• Earlier suspensions. The suspension and impound stay the same, but the program grows from an 8-hour course to a 16-hour treatment program, and a third occurrence adds a six-month ignition interlock condition, according to the province.
• A licence from elsewhere. If your licence was issued outside Ontario, your privilege to drive in Ontario is suspended for 90 days instead (s. 48.3(17)).
• A boat. The section applies to the operator of a vessel, and the suspension is of your driver's licence (s. 48.3(1) and (16)).
• An appeal after conviction. If you appeal a conviction and give the Registrar satisfactory notice of the appeal, the conviction suspension is stayed until the appeal is concluded (s. 55). Our page on appealing a criminal conviction in Ontario explains the 30-day deadline.

A worked example

For example, imagine Leila, who lives in Mississauga and drives her husband's car home from a friend's dinner. Peel Regional Police stop her on Hurontario Street, and after a roadside test she is taken to the station, where the breath instrument shows 110 mg of alcohol in 100 mL of blood. She is charged with over 80, her licence is suspended for 90 days from the moment the officer asks for it, and the car is impounded for seven days.

Her husband, the owner, pays the towing and storage costs before the car is released, and he learns he is jointly liable for them with Leila. Leila cannot drive their children to school for three months. She completes the 8-hour education course, pays the $550 penalty and later the $281 reinstatement fee. Her criminal case starts at the Brampton courthouse; our page on what to expect at the Brampton courthouse explains her first dates.

If she were convicted as a first offender, the court would have to order a driving prohibition of at least one year and a fine of at least $1,000, and Ontario's one-year suspension would start, running alongside anything left of the 90 days. If she were acquitted, the 90 days would already be over. This is a hypothetical walk-through, not a prediction of any result.

What mistakes do people make?

1. Thinking the suspension waits for court. It starts when the officer asks for your licence, not when you hand it over or when a judge decides anything (s. 48.3(2)).
2. Driving "just once" during the 90 days. Driving while suspended is a separate offence, with a fine of $1,000 to $5,000 for a first offence (s. 53(1)), and the vehicle is impounded again for seven days (s. 55.2(1)).
3. Filing a Tribunal appeal on the wrong grounds. Only identity and medical inability count, and the suspension is not stayed while the appeal runs (s. 50.1(2) and (7)).
4. Ignoring the impound bill. The costs are a lien on the vehicle and a debt that can be recovered in court (s. 48.4(15) and (16)).
5. Assuming a discharge avoids the provincial suspension. Section 41(5) treats a discharge like a conviction for the licence suspension.
6. Ignoring the program and the fee. The licence is not reinstated until the conditions are met and the fee is paid.

What to do this week

1. Find the suspension statement and the impound notice. Note the dates and the impound facility.
2. Tell the vehicle's owner. Arrange who will pay and collect it after seven days, and keep the receipts.
3. Plan without driving for 90 days. Work, school runs and appointments all need another arrangement.
4. Watch your mail. The Registrar may mail notices to the address on your licence or the latest address in Ministry records (s. 48.3(5)), so keep it current.
5. Read your release papers and write down your first court date.
6. Get advice on the criminal charge early. Ask what the case may cost to defend; our page on what drives the cost of a criminal defence explains the main factors.

Frequently asked questions

If I am found not guilty, do I get the 90 days back?

No. The 90-day suspension is an administrative measure that takes effect at the roadside, and the Act says it is not an alternative to the criminal proceeding (s. 48.3(10)). By the time a trial ends, it has normally been served.

Can someone else pick up the car before the seven days are up?

Generally not. The vehicle is released to its owner when the impound period expires, and early release is allowed only if police are satisfied it was stolen at the time (s. 48.4(2) and (3)).

What if I never handed over my licence?

The suspension runs from the officer's request whether or not you surrendered the licence (s. 48.3(2)). If the officer could not make the request, the Registrar mails a notice and the suspension runs from the date in that notice (s. 48.3(6) and (7)).

Do I lose my licence again if I am convicted?

Yes. Ontario suspends your licence for one year on a first conviction, three years on a second within 10 years, and indefinitely after that (s. 41(1) and (3)), and the court must also make a Criminal Code prohibition order (s. 320.24(1)).

Does this apply to cannabis and other drugs?

Yes. A poor Drug Recognition Expert evaluation leads to the same 90-day suspension and 7-day impound, and the province says penalties for driving with cannabis in your system are the same as for alcohol.

Can I talk to a lawyer in Farsi about this?

Yes. Our guide for Persian-speaking people charged in the GTA explains how we work with clients in Farsi and English.

Getting help

Gambriani Law PC defends impaired driving and over 80 charges in courts across Ontario, including Toronto, York Region (Newmarket), Peel (Brampton), Durham Region, Barrie and Windsor, in English and Farsi. Call +1 647 970 3370 or reach us through the contact page.

This page is general information about Ontario's roadside licence suspensions and vehicle impoundments, not legal advice about your case.