What’s the Difference of DUI and DWI?

In Toronto, DUI ≠ “driving under the influence.” DWI stands for “driving while intoxicated.” Here’s a brief rundown of the difference between the two.

Here in Ontario, it’s common for these terms to be used interchangeably, but under the law, the offense is referred to as “impaired driving.” Both address alcohol or drug use.

We frequently assist clients in untangling this confusion, so understanding the law here is important before proceeding any further.

What Are Impaired Driving Charges?

Impaired driving charges generally involve operating a vehicle while your ability to do so is impaired by alcohol, drugs or both. These charges apply to all cars, trucks, motorcycles, boats, and any other motor vehicle. The law is clear – if alcohol, cannabis, prescription drugs, or any controlled substance impairs your ability to drive safely, you’re at risk of being charged.

Section 320 of the Canadian Criminal Code lays the groundwork, and recent court decisions illustrate how seriously the courts are treating these cases. We’ve handled cases from every imaginable situation. Generally, police arrest after routine traffic stops, roadside checks, and when crashes are detected.

The reality is, sometimes even one drink or one puff may be enough to exceed the legal limit. A breathalyzer reading in excess of 80 milligrams of alcohol per 100 milliliters of blood results in an impaired driving charge. Like alcohol, having a THC blood level over five nanograms per milliliter is sufficient for a charge, too.

A harsh zero-tolerance standard applies to novice drivers and commercial operators. If at any point they have a measurable amount of alcohol or drugs in their system, they can be charged immediately. Knowing the ins and outs of these laws is crucial for every driver.

What we do know is that the legal landscape continues to change. In relation to impairment, the Crown must prove, beyond a reasonable doubt, that your ability to drive was impaired. That’s why we’re constantly advising our clients to understand their rights and the realities of the impaired driving law.

Having helped thousands through the anxiety and uncertainty these charges create, we pride ourselves on providing straightforward and useful guidance.

Understanding Canada’s Legal Terms

Canada’s Criminal Code uses “impaired driving” as the general term. You might hear DUI (Driving Under the Influence) or DWI (Driving While Impaired) thrown around in everyday conversation. Legally speaking, the two phrases have the same legal weight in this area.

While provinces might have their own slang, when you step into court, the language becomes standardized across the country. Knowing this matters – small language differences can affect public understanding but not the outcome in a Toronto courtroom. For instance, it doesn’t matter if the charge is DUI or impaired driving, the penalties and procedure involved are still the same.

DUI: Driving Under Influence Explained

DUI – Driving Under the Influence generally indicates driving with a blood alcohol concentration over the legal limit. In Canada, that’s more than 0.08 BAC. These charges, upon conviction, carry hefty fines, a loss of driving privileges, and possible jail time.

In the U.S., “DUI” is not only a common term. Here, too, in this context, it is treated by the law as just another impaired driving charge. While each province may implement these laws with minor variations, the fundamental requirements are federally mandated.

DWI: Driving While Impaired Explained

DWI includes impairment by drugs, alcohol, or both. The law does not focus on your blood levels, but rather, whether you are impaired and unable to drive. Police now have the ability to use drug recognition experts and roadside screening to help detect impairment.

The penalties – license suspension, criminal record, and potential incarceration – are significant. Understanding the law informs drivers to prevent unintentional violations and preserves drivers’ rights.

The Shift to “Impaired Driving”

Society at large is starting to recognize the many types of impairment. This change ultimately resulted in a broader use of the term “impaired driving,” which encompasses more than alcohol. This more expansive approach has led to the criminalization of cannabis, prescription drugs and other substances.

As defense attorneys, we need to be one step ahead of changes in the legal landscape. That’s why it’s so important that we educate our clients about what they’re really facing. Public education is the answer – when everyone understands the dangers of impaired driving, they can take action to keep themselves and everyone else on the road safe.

Key Differences: DUI vs DWI in Canada

In practice for impaired driving, we see many clients who are mystified by the terms DUI and DWI. While both are commonly known terms in the U.S., Canada’s legal terminology is unique. Our laws use the term “impaired driving” to extend to all criminal offenses committed while driving a vehicle and impaired.

This encompasses the impact of alcohol, drugs, or both combined. How DUI and DWI are used today People often interchange the terms DUI and DWI in casual dialogue. Yet, these terms have no legal meaning in Canadian courts. Below, we explain the key differences, facts, and information every driver needs to be aware of.

Aspect	DUI (Canada)	DWI (Canada)
Legal Definition	Not a legal term; refers to “impaired driving”	Not a legal term; refers to “impaired driving”
Penalties	Criminal Code applies; fines, license suspension, jail possible	Same as DUI: penalties depend on severity and prior record
Substances Covered	Alcohol, drugs, or both	Alcohol, drugs, or both
BAC Role	BAC ≥ 80 mg/100 ml triggers charge	BAC ≥ 80 mg/100 ml triggers charge
Provincial Variance	Provincial laws may apply	Provincial laws may apply

1. Legal Terminology Across Provinces

From the Criminal Code, across Canada, we see the Criminal Code use only “impaired driving”. Provinces can impose more stringent regulations, but none of them use DUI or DWI in legal documents.

For instance, Ontario’s Highway Traffic Act includes impaired operation, whereas Quebec uses the term conduite avec facultés affaiblies. Understanding your province’s terminology and regulations is extremely important. Misinterpreting them can surprise drivers.

2. Defining Impairment: Alcohol vs Drugs

Impairment is more than alcohol alone. Our courts treat alcohol, illegal drugs, prescription medications, and even some over-the-counter drugs as grounds for a charge if they affect driving ability.

Police determine impairment by observing behavior, through roadside testing, and in the case of drugs, through visible signs or via saliva testing.

3. Blood Alcohol Concentration (BAC) Limits

Canada has a national BAC limit of 80 mg per 100 ml of blood. Any reading at or above this triggers a criminal charge. Some provinces – including Ontario – apply administrative penalties beginning at 50 mg/100 ml.

These limits technically apply to all drivers. Novice and commercial drivers have zero tolerance rules.

4. Drug Concentration Limits Explained

There are legal limits in place for specific drugs. For THC, which is the main psychoactive component of cannabis, the limit is set at 2 ng/ml of blood. Prescription drugs such as opioids are given clear limits as well.

Law enforcement measures these with blood or saliva, and drivers can be charged for using legal medicine.

5. How Police Assess Impairment

Officers check for impairment using roadside breathalyzers, field sobriety tests, and drug recognition evaluations. If police have reasonable grounds, they can demand a breath or blood sample.

Refusing these tests can lead to charges, just like failing them.

6. Are Charges Different Legally?

In court, there is no legal distinction between DUI and DWI – they are both charged as impaired driving. Penalties vary based on factors such as BAC level, number of offenses, whether other substances were involved, and if there was any injury.

The better we understand the details, the better we can prepare the best defense possible for our clients.

Facing Serious Legal Consequences

Facing a DUI or DWI charge in Toronto can be an overwhelming experience. Yet this can affect our day-to-day lives in far-reaching ways for decades. The law does not treat impaired driving with the seriousness it deserves.

Even for a first-time charge, we witness extreme punishment, such as immediate roadside licence suspensions, high administration fines and criminal records. The impact of these results reverberates beyond the individual facing charges, rippling into their family, employment, and long-term goals. When we put off doing anything, the impacts become deeper and harder to fix.

It is vitally important that we respond to these charges early and with an abundance of caution.

Criminal Code Penalties Overview

The Criminal Code of Canada imposes harsh penalties for both DUI and DWI offenses. Minimum penalties for first-time offenders include a roadside licence suspension and mandatory fines of $250 to $550. Penalties increase with additional violations.

A second conviction within 10 years brings at least three years of licence suspension, mandatory education programs, and often an Ignition Interlock device – where drivers must blow into a breathalyzer to start their car. After second, punishments grow even stiffer as do suspensions, with each additional charge attracting more severe penalties.

As of 2018, the maximum jail sentence for impaired driving is 10 years. This amendment is a clear signal of how seriously Canada intends to take these types of cases. Understanding these issues allows us to formulate an effective defense and advise our clients at every stage of the process.

Fines and Financial Burdens

DUI and DWI convictions come with serious financial costs. Fines and financial burdens further aggravate matters. Fines are only the first impact.

What we typically observe is clients who are burdened by legal fees, increased insurance rates, and the cost of required diversion programs or monitoring devices. After conviction, for instance, insurers can double or triple premiums. These fines are often financially burdensome and have long-lasting impacts on families attempting to recover.

By anticipating these costs, we will have a better picture of where they are coming from. That proactive approach allows us to help clients more effectively as they face difficult financial issues.

Potential Jail Time Considerations

Jail is no small threat, particularly for those with a history of violations. A first DUI conviction might not result in jail time, but a second or third typically will. Judges consider factors such as blood alcohol concentration, prior record, and whether someone was injured.

Now that maximum sentences have been raised to 10 years, the stakes have never been higher. We draw on our extensive experience to help you understand the process and fight to minimize jail time and prevent jail time.

Losing Your Driver’s Licence

Lost driver’s licence suspensions happen quickly, sometimes immediately at the side of the road. While the initial suspension can span months, it gradually escalates into years as more violations pile up.

Some drivers, like those under 21 or with G1/G2 or commercial licences, face a zero-tolerance law, meaning any alcohol leads to suspension. For many, losing their driver’s licence not only costs them their job, it forces them to miss school or to become dependent on others.

We assist clients through appeal processes and advocate to reduce or eliminate the length of suspensions.

Mandatory Education or Treatment

As with most DUI/DWI convictions in Ontario, an education or treatment program is mandated before returning to the road. These evidence-based programs address the behaviour behind dangerous driving and are a necessary step before any licence can be reinstated.

They come with significant costs and time commitments. We guide our clients in choosing the appropriate program and completing it as expeditiously as possible, allowing them to regain their footing and carry on with their lives.

Beyond Court: Wider Life Impacts

Take DUI and DWI convictions, for example – the effects extend well past the courtroom. Legal question #2 – Fines, probation, and jail time. Our clients often ask us about fines, probation, and jail time. The truth is, these same charges can have life-changing – and life-altering – effects. In Toronto and throughout Canada, the consequences of an impaired driving conviction extend far beyond the courtroom.

We see firsthand how these cases can touch every part of daily life – financial well-being, personal relationships, mental health, and future opportunities.

Soaring Car Insurance Premiums

Car insurance premiums in Ontario after a DUI or DWI conviction don’t simply increase – they skyrocket. From insurers’ perspective, they look at impaired driving as a high risk. As advocates, we’ve had clients’ premiums double or triple – sometimes more – increasing year after year.

This expense is not a quick fix, as increased rates are often maintained for a minimum of five years. For most drivers, that translates into thousands of additional dollars. It pays to compare insurance companies – some are simply better at covering high-risk drivers and can save you thousands.

Be sure to shop around to get the best price on premiums. Keep a clean driving record to save money in the long run.

Lasting Criminal Record Effects

The penalty for DUI or DWI in Canada is an automatic permanent criminal record. This criminal record continues to impact individuals long after the fine is paid and the sentence served. A criminal record can block job opportunities, especially in fields that require background checks or involve trust, like teaching or banking.

It affects the ability to serve in volunteer roles and prevents an individual from participating in community programs. We are acutely aware of the lasting and pernicious harm of a criminal record. That’s one reason why we work to systematically connect them to pathways such as record suspension, previously called a pardon, where eligible.

Challenges Finding Employment

Employers in Toronto and across Canada routinely require a criminal record check as part of the hiring process. A DUI or DWI makes it more difficult to find employment. This is particularly applicable for jobs that require a clean driving record or require driving.

Many employers will require prospective employees to provide a letter of explanation. We advise our clients on how to be honest and demonstrate steps taken in the years since the conviction to improve oneself. Tailoring your resume, looking for references, and emphasizing skills are other ways you can make magic happen.

Travel Restrictions (Especially USA)

Travel to Canada, Australia, New Zealand, and many other countries can come to a sudden stop with a DUI or DWI conviction. The U.S. Does not mess around with impaired driving. Canadian convictions can result in being turned away at the border.

This impacts their ability to get to work, family events, or even potential study abroad opportunities.

TREAD LIGHTLY! Obtain special waivers or permits in advance, if required, to allow for easy travel.

Personal and Family Stress

The personal and familial stress that accompanies an impaired driving charge can impact entire families and social networks. We know from clients that they experience a great deal of worry, shame, and anxiety. These emotions are completely natural and can be all-consuming.

It means that relationships often become deeply strained, with those closest experiencing the ripple effects. We can’t overstate the importance of help, be it through counselors, support groups, or trusted individuals. Honest conversations and mutual planning keep families more united as they go through this life-changing challenge.

Can Police Charge Without Driving?

When we talk to potential clients about DUI and DWI cases, this is one of the most common first questions. Can police charge someone with DUI if they were not driving? In Toronto and all of Canada, the answer is yes. Police can charge anyone with impaired driving whether or not they’re in the driver’s seat.

This holds true as long as the vehicle is moving. The blue line indicates how the law recognizes an offense known as “care or control.” This idea is important for anyone charged with impaired driving offenses. Knowing it is key to preparing the best legal defense possible and not getting blindsided in court.

Understanding “Care or Control”

Understanding “Care or Control” is crucial. Our courts have long recognized that a vehicle is a potential instrument of peril. This applies even when the vehicle is pulled over or parked, since it nonetheless has the ability to put in motion.

For example, someone sitting in the driver’s seat with the keys nearby could be found in “care or control” of the car. This is true even if they didn’t intend to drive. We’ve seen cases where an individual passed out drunk in a parked car, keys in their proximity. This seemingly harmless action has resulted in criminal charges for thousands.

From our experience, police focus on finding any potential risk. They search for indications that a vehicle is about to be put in motion or used in a dangerous manner. The law – if the government is going to assert that it exists in its current form – is unambiguous. Being in care or control should carry identical legal repercussions as driving impaired.

It’s why we encourage our clients to think twice before entering a vehicle after consuming alcohol. Not only are they not intending to drive, they’re still making a very dangerous decision. Understanding these terms goes a long way toward protecting civil rights and avoiding expensive missteps.

Examples of Non-Driving Charges

Here are just a few real-world examples in which individuals accrued charges without ever driving. We’ve had clients who dozed off in the driver’s seat at a fast food parking lot, keys still in ignition. We’ve helped people who turned on their car to warm it up while they waited for a ride.

In Canada, the legal landscape has shifted dramatically since 2018. Now, police can require roadside alcohol or drug tests without the need for reasonable suspicion. Refusing, or even failing, to provide a breath sample constitutes a criminal offense in its own right.

Outcomes for these non-driving charges can be just as severe as for driving. This includes suspending legal use of their options, incurring fees, and even jail. That’s why it is so important for all of us to be aware of these dangers.

To win against non-driving impaired charges, you’ll have to show that there was no actual likelihood of operating the vehicle. Or, you could demonstrate that the individual made obvious efforts to not drive. For instance, shifting to the rear seat or moving the keys beyond reach can occasionally succeed in establishing a prima facie case in a court of law.

How Impairment Testing Works

When police stop a driver on suspicion of impaired driving in Toronto, a series of well-defined tests come into play. These techniques help officers determine whether or not alcohol or drugs have impaired an individual’s capacity to operate a vehicle safely. We have already learned that the manner in which these tests are administered greatly affects their reliability. This can truly be the difference in winning and losing a case.

Here’s how the impairment testing procedure works and what it means for drivers charged with DUI or DWI. It begins at the roadside with a breath test or a series of field sobriety tests. A breathalyzer is a relatively simple device that can determine the concentration of alcohol in someone’s breath. This measurement is a direct reflection of their blood alcohol concentration (BAC).

In Canada, a BAC of 0.08% or more is considered impairment by law. In many states across the U.S., the penalties are increased even further if your BAC is 0.15% or greater. For cannabis, the limit is set at five nanograms of THC per milliliter of blood. This threshold becomes even more acute when alcohol is taken into consideration.

Law enforcement utilizes field sobriety tests to identify physical or mental impairment. They can require people to walk a straight line or stand on one leg. These tests are designed to identify indicators such as impaired balance, slowed reaction time, or disorientation.

Realism in these tests is important, as is the perception of realism. When police fail to follow proper procedures or use defective equipment, the findings may be successfully contested in court. Our law firm has represented hundreds of successful clients as a result of our ability to uncover defects in administration of tests or chain of custody of samples.

As an example, breathalyzers require calibration and officer training. Even innocent errors – as minor as a broken machine or an expedited procedure – can result in evidence being discarded. We all know that errors are made. We’ve had plenty of clients get criminally charged based on a false positive from a roadside test.

In addition, the true extent of America’s underlying health conditions skewed some results. Having an understanding of the risks and the rules helps clients protect their rights and maintain their funding.

Roadside Breathalyzer Screening Steps

Officers request that drivers blow into a portable device. The officer determines whether the breath sample is sufficient, and the device provides an initial reading of BAC. Officers need probable cause. By law, officers need to have suspicion beyond a reasonable doubt before requesting this test.

Refusal of a breathalyzer in Ontario equals a criminal charge. The second charge is frequently automatic and has the same punishments as failing the test. This is why it’s so important for drivers to understand the process and their rights. It is why we take the time to walk through these facts with our clients to help them make the best decisions possible at the roadside.

Field Sobriety Tests Explained

Other common tests are the walk-and-turn test, the one-leg stand test, and horizontal gaze nystagmus (eye movement) test. Officers check for signs such as a lack of balance, difficulty following directions or shifty eye movements. These tests are subject to error – fatigue, nerves, or medical conditions can all affect performance.

Failing these tests can be introduced in court as evidence of impairment. Understanding your rights – such as requesting the test be explained or calling a lawyer – can be extremely impactful.

Drug Recognition Expert (DRE) Role

When officers have a reason to believe drugs are at play, they can call for a Drug Recognition Expert (DRE). To identify if a driver is impaired by drugs, DREs use a twelve-step process. This process involves interviews, physical examinations, and toxicology screenings.

Their results have significant authority in a court of law, frequently swinging the pendulum. Our firm has a reputation for successfully challenging DRE reports. We closely examine the process and training for signs of bias or fault, and we shepherd clients through the intimidating labyrinth of these tests.

Refusing a Test: Consequences

In many states, refusing to submit to a test – breath or blood – results in an immediate arrest and license suspension. In Ontario, the law treats a refusal much like a failed test, and penalties can include fines, a criminal record, and driving bans.

That’s why it’s so important to know these stakes before deciding what to do at the roadside. That’s why we’re calling on anyone who is stopped to remain calm, understand their rights, and call us for support at the earliest opportunity.

Building Your Defence Strategy

Defending against DUI or DWI charges in Toronto requires a comprehensive, practical approach. Our law office has brought more than 20 years of experience to clients in criminal law. This experience allows us to find the most vulnerable points in the prosecution’s case. The stakes are real: a conviction can mean a criminal record, job loss, or even jail.

That’s why we craft every defence with precision, informed by our track record of thousands of defended cases. We’re the kind of nerds that care about every last detail. This means the events leading up to the traffic stop and the type of testing the police used.

Questioning Probable Cause for Stop

A meaningful defence usually begins with the stop in the first place. Police must have a reasonable and articulable suspicion – probable cause – that a crime has been committed in order to stop a vehicle. If they’re missing it, we can fight the whole case.

For instance, if the officer stopped you only because you left a bar after hours, that’s not sufficient. Good justifications would be things like erratic driving, running a red light, speeding. When those justifications are not present or are ambiguous, we advocate for the charges to be dismissed.

We’ve had instances where obvious errors on the stop resulted in immediate dismissals. Knowing the legal justification for police action is critical, and we ensure every aspect is double-checked.

Challenging Test Accuracy Issues

Breathalyzers, Intoxilyzers, and roadside drug screening tools are prone to error or misuse. Here we explore holes in the testing procedure. We pose questions such as: Was the device calibrated correctly? Whether the officer received sufficient training? Were there any medical conditions that impacted your outcomes?

These questions are important and here’s why. In Canada, exceeding 80 mg of alcohol in 100 ml of blood (or the equivalent) is a criminally serious charge. Likewise, crossing arbitrary THC thresholds can lead to legal punishment.

We know that machines are not infallible. We routinely engage experts who provide evidence that failure or misuse rendered the tests invalid. When things aren’t adding up, we use that to advocate vigorously on behalf of our clients.

Examining Police Procedures Followed

There are many procedures that police are required to adhere to during an impaired driving arrest. Failure to follow these steps, such as failing to read a subject’s Miranda rights or the absence of correct documentation, can shatter a case.

We review each intervention step-by-step, identifying places where protocol was not followed. Other times, officers skip important steps or cut corners. Those missteps may be enough to turn the case to your advantage.

Our firm’s familiarity with local police procedures in Toronto and the GTA allows us to identify these problems quickly.

Exploring Potential Charter Violations

Charter rights are meant to protect all people in Canada. If police violate your rights by searching your car without reason, or detaining you too long, the evidence they find might not be allowed in court. Understanding these rights and how they can help or hinder a case may be the difference between winning and losing.

We’ve had charges dismissed when we were able to show that the police had gone too far. It’s our duty to ensure that your constitutional rights are honored at every stage.

What To Do If Charged

The steps we take right after being charged with DUI or DWI in Toronto can shape the rest of the case. The legal climate in Ontario is quite hostile. Penalties for impaired driving, even for a first offence, are draconian and life-altering.

Having spent our years in practice representing clients, we’ve experienced firsthand how early action and a thoughtful, strategic approach can help avoid the worst outcomes. Here’s what you should do if you’re facing these charges:

• Stay calm and polite at all times.
• Do not answer questions without your lawyer present.
• Write down everything you remember about the incident.
• Contact a trusted lawyer as soon as possible.
• Collect witness names and contact info if possible.
• Keep all documents and paperwork from the police.
• Don’t talk about the specifics of the case with anyone except your attorney.

Stay Calm, Remain Silent Politely

Getting nervous only serves to escalate the situation during encounters with police. When emotions are high, when stress is in the driver’s seat, errors occur. We tell our clients to limit their answers to name, address, and date of birth.

Politely state that you will not talk about the incident until you have a lawyer. This ensures you don’t inadvertently incriminate yourself. This is because even innocent statements will be manipulated by the prosecution and used against you in court.

Being calm and polite will demonstrate a level of respect while preventing the situation from getting any worse. Calm your mind. Take a few slow, deep breaths and concentrate on the objective truth and not the emotional aspects.

Document Everything You Remember

Immediately following the incident, document everything you remember. What are their physical and personal conditions – where were you? Who were the other people present at the time? What were you consuming, food or beverage-wise?

Time of day, where you were, and what the weather was like can all be relevant. Document instances of any police misconduct or profiling. The clearer the timeline we have, the better we can defend you at trial and challenge the facts, if necessary.

Whether you take notes on your phone or with pen and paper – find what is most effective for you. Save receipts, text messages, and anything else that may be useful.

Why You Need Legal Advice Fast

Having access to quick legal advice can make all the difference in the path your case takes. DUI or DWI penalties may be very harsh. Penalties can consist of monetary fines, incarceration, loss of driving privileges for a year, required education, and installation of ignition interlock devices.

The more time we have to prepare the better, so call us today to discuss your case and begin safeguarding your rights and understanding your available options. Quick action often translates into less time suspended or being able to use an interlock device and maintain eligibility to drive.

With real-time guidance, we’re here to keep you from making expensive missteps.