You blew in the warn range (0.05 to 0.08) in Ontario: what happens now?

A warn-range reading is not a criminal charge. Under Ontario's Highway Traffic Act it means an immediate roadside licence suspension: 7 days the first time, 14 days the second and 30 days the third, counting only earlier suspensions from the past 10 years, plus a provincial penalty and an education or treatment program. A reading of 0.08 or more, or refusing a test, is a separate and much more serious matter.

This page covers the provincial side of a roadside stop: what happens at the roadside, the penalties, your right to a second test, and when a stop can turn into something more. For criminal impaired driving and over 80 charges, see our main page on impaired driving in Ontario.

What counts as the warn range?

The warn range is a blood alcohol concentration from 0.05 to 0.079. Section 48 of the Highway Traffic Act lets a police officer ask for your licence when a roadside screening device registers "Warn" or "Alert", or an approved instrument shows 50 milligrams or more of alcohol in 100 millilitres of blood. The province applies the same warn-range penalties to drivers who fail a Standard Field Sobriety Test for alcohol, drugs or both.

The criminal limit is higher. The Criminal Code offence of driving "over 80" applies to a blood alcohol concentration equal to or above 80 mg of alcohol in 100 mL of blood (s. 320.14(1)(b)). A warn-range reading is below that line, which is why it leads to a provincial suspension rather than an over 80 charge.

What happens at the roadside, step by step?

1. The stop. A police officer may require a driver to stop to decide whether there is evidence to justify a breath or drug demand under the Criminal Code (HTA s. 48(1)).
2. The screening test. You provide a breath sample into an approved screening device. If it registers "Warn" or "Alert", the officer may ask you to surrender your licence (s. 48(2)).
3. The suspension starts at once. Your licence is suspended from the moment the officer asks for it, whether or not you hand it over (s. 48(4)).
4. Your chance at a second test. You can require a second analysis, but only if you ask immediately after the officer requests your licence (s. 48(6)).
5. The paperwork. The officer must give you a written statement of when the suspension starts, how long it lasts and where you can recover your licence (s. 48(11)).
6. The vehicle. If the vehicle has to be moved and no one can lawfully drive it, police can have it towed and stored (s. 48(12)).
7. Afterwards. The penalty, the education or treatment program and a licence reinstatement fee follow, according to the province.

The same rules apply to boat operators: section 48(2) covers the operator of a vessel, and the province says impaired driving laws also apply to boats, snowmobiles and off-road vehicles.

What are the penalties?

The suspension lengths are set by section 48(14). When counting whether this is a first, second or later suspension, a previous suspension that took effect more than 10 years earlier is not counted (s. 48(15)). The program and penalty amounts come from the Ontario government's impaired driving page, which also says a licence reinstatement fee applies every time a licence is suspended.

Can you ask for a second test?

Yes, but you have to ask right away. If the first screening device result is in the warn range, you can require a second analysis, as long as you ask immediately after the officer requests your licence (s. 48(6)). The second test must be done on a different screening device, or on an approved instrument if the officer prefers (s. 48(6.1)), and the second result governs: the suspension continues or ends based on it (s. 48(6.2)). The law also says a screening device must not be calibrated to register "Warn" or "Alert" below 50 milligrams (s. 48(7)).

If English is not your first language and you are unsure what the officer said, ask the officer to repeat it. The right to a second test depends on asking at once, so it is worth knowing about before you ever need it.

Can you appeal the suspension?

No. Section 48(9) says there is no appeal from, and no right to be heard before, a warn-range suspension. If your vehicle is towed and stored, the costs of moving and storing it become a lien on the vehicle (s. 48(13)).

The suspension is described in the Act as a safety measure that "does not constitute an alternative" to any other proceeding or penalty from the same circumstances (s. 48(10)). In other words, a warn-range suspension does not prevent police from laying a charge if they believe the evidence supports one. The Criminal Code offence of impaired operation, for example, covers driving while your ability is impaired "to any degree" by alcohol or a drug, whatever the reading (s. 320.14(1)(a)).

What changes the answer?

• How many earlier suspensions you have. The count looks back 10 years only (HTA s. 48(15)), and the third suspension adds a 6-month ignition interlock condition.
• Your age and licence class. Ontario's zero-tolerance rules mean no alcohol at all for drivers aged 21 or under and holders of a G1, G2, M1 or M2 licence, among others.
• Whether you drive a commercial vehicle. The province lists additional penalties for commercial drivers with any alcohol or drugs in their system, starting with a 3-day immediate suspension.
• Drugs as well as alcohol. Failing a Standard Field Sobriety Test for drugs carries the same warn-range penalties, and a poor Drug Recognition Expert evaluation moves you into the 90-day category.
• A licence from elsewhere. If your licence was issued by another province or country, it is your privilege to drive in Ontario that is suspended for the same period (s. 48(19)).
• Other evidence of impairment. A reading in the warn range does not rule out a criminal charge of impaired operation if the officer believes your ability was impaired (Criminal Code s. 320.14(1)(a); HTA s. 48(10)).

Who cannot have any alcohol at all?

Ontario's zero-tolerance rules apply to drivers aged 21 or under, drivers of any age with a G1, G2, M1 or M2 licence, drivers of vehicles that need an A to F licence or a Commercial Vehicle Operator's Registration, and road-building machine operators. For them, any alcohol or cannabis in the system can lead to penalties, and young and novice drivers face additional ones. For a first occurrence, the province lists a 7-day suspension, an 8-hour education course and a $250 penalty, plus a fine of $60 to $1,000 if convicted.

How is the warn range different from 0.08 or a refusal?

A criminal impaired driving conviction carries far more. Under the Criminal Code, a first offence carries a minimum $1,000 fine and a maximum of 10 years if prosecuted by indictment (s. 320.19(1)). The province adds its own consequences: for a first conviction, a licence suspension of at least 1 year and an ignition interlock for at least 1 year, and the province says some of these penalties changed on July 1, 2026.

Because the offence is hybrid, the Crown chooses how to proceed. Our page on summary and indictable offences explains how that choice affects an impaired driving case. If the Crown proceeds by indictment, you may also choose between a judge and a jury. Diversion in Toronto is not an option for these charges: Ontario's Crown directive on community justice programs lists simple impaired driving, over 80 and refusing a breath sample among the offences that must not be referred.

For example: a warn-range stop after a family dinner

This is a hypothetical, not a real client or a result. Suppose a permanent resident who moved to Toronto from Iran a few years ago is stopped by police in North York on the way home from a family dinner. He blows into a screening device, and it registers "Warn". The officer asks for his licence.

He remembers that he can ask for a second test and does so at once. The second device also registers in the warn range, so the second result governs and the suspension stands. It is his first suspension in 10 years, so it lasts 7 days, and he will face a $250 penalty, an 8-hour education course and a reinstatement fee. His car is parked legally, so a family member who is allowed to drive collects it.

His main worry is his status in Canada. A lawyer explains, in Farsi, that no criminal charge was laid and that the suspension is a provincial measure, not a conviction. The picture would be different if he had been charged with impaired operation or over 80, which can bring immigration consequences. For now, the key is to serve the suspension without driving and to complete the program.

What mistakes do people make after a warn-range stop?

1. Waiting to ask for the second test. The right exists only if you ask immediately after the officer requests your licence (s. 48(6)).
2. Driving during the suspension. Driving while your licence is suspended under an Ontario law is a separate provincial offence (HTA s. 53(1)), which turns a short suspension into a court case.
3. Planning an appeal. There is no appeal or hearing for a warn-range suspension (s. 48(9)); energy is better spent on the program and the next steps.
4. Assuming the zero-tolerance rules do not apply to you. A G2 driver, a driver aged 21 or under or a commercial driver can face penalties with any alcohol at all.
5. Forgetting the 10-year count. A second warn-range suspension within 10 years doubles the suspension and moves you to the 16-hour treatment program.
6. Treating a criminal charge like a warn-range suspension. If you were given papers with a court date, it is a criminal matter, with very different consequences.

What can you do this week?

1. Read the written statement the officer gave you and note when the suspension ends and where to recover your licence.
2. Do not drive until the suspension has ended and your licence is back.
3. Watch for the notice about the penalty, the program and the reinstatement fee, and keep copies of everything.
4. Count any earlier warn-range suspensions in the last 10 years, so you know which tier applies.
5. If you were also charged under the Criminal Code, write down your first court date and speak to a lawyer before it.
6. If you are not a citizen, note your immigration status, in case a criminal charge is laid later.

If you were charged and released with a court date in Toronto, read what happens at your first court appearance. Our first-week checklist after a criminal charge helps you keep track of the rest.

Frequently asked questions

Is a warn-range suspension a criminal conviction?

No. It is a licence suspension under the provincial Highway Traffic Act that starts at the roadside when the officer asks for your licence (s. 48(4)), with no charge, trial or hearing (s. 48(9)). A criminal conviction comes only from a criminal charge and a finding of guilt in court.

Could a warn-range suspension affect my permanent resident status?

The criminality grounds in the Immigration and Refugee Protection Act are based on convictions for offences under an Act of Parliament (IRPA s. 36(1)(a) and (2)(a)), and a warn-range suspension is neither. A criminal impaired driving conviction is different, since its maximum by indictment is 10 years. Read how a criminal conviction can affect permanent resident status, and ask an immigration lawyer about your own situation.

Does the warn range apply to cannabis?

The province says the penalties for driving with cannabis in your system are the same as for alcohol, and the warn-range penalties apply to drivers who fail a Standard Field Sobriety Test for drugs. Zero-tolerance drivers cannot have any cannabis in their system.

I drive on a licence from another country. Does this apply to me?

Yes. The Act treats a licence issued by another jurisdiction as a driver's licence, and in that case it is your privilege to drive in Ontario that is suspended for the same period (s. 48(18) and (19)).

Can I talk to a lawyer in Farsi about a roadside stop?

Yes. Gambriani Law PC offers consultations in English and Farsi. Our guide for Persian-speaking people charged in the GTA explains how we work, including how court interpreters are arranged if a criminal charge follows.

What does a criminal impaired driving defence involve?

Much more than a warn-range suspension: disclosure, Charter issues about the stop and the tests, and possibly a trial. Our page on what drives the cost of a criminal defence in Toronto walks through the stages.

Getting help

Gambriani Law PC defends impaired driving charges in Toronto and across the GTA, in English and Farsi. If a roadside stop led to a criminal charge, or you are not sure which kind of matter you are facing, call +1 647 970 3370, Monday to Friday, 9:00 a.m. to 5:00 p.m. For the wider picture of criminal cases in the city, see our page on criminal defence in Toronto.

This page is general information about Ontario driving law, not legal advice about your situation.