What to do next
Exercise the right to silence and to counsel
You have the right to retain and instruct counsel without delay, and to be informed of it. Say that you want a lawyer and that you are exercising your right to silence, then stop. Free duty counsel lines operate at all hours.
Deal with the licence suspension separately
The administrative suspension is not the criminal case. It has its own review process and deadline through the provincial authority — in Quebec the SAAQ, in Ontario the Ministry of Transportation. Missing that window is a separate loss.
Preserve what supports you
Note the timeline precisely: when you last drank, what you ate, when you drove, when you were stopped, how long until testing, and what you were told. Keep any receipts that establish timing. Details fade within days.
Get defence counsel before the first appearance
Impaired driving is technically complex — breath-testing procedure, demand timing, Charter issues around detention and counsel. Outcomes vary substantially with representation, and legal aid may be available.
Frequently asked questions
Should I explain that I only had two drinks?
No. Say nothing about consumption before speaking to a lawyer. Explanations become evidence and frequently harm the person giving them.
Can I refuse the breath test?
Refusing a lawful demand is itself a criminal offence, generally with consequences comparable to the impaired charge. That is a decision to understand in advance, not in the moment.
Will I lose my licence even if I'm acquitted?
The administrative suspension operates independently of the criminal case and takes effect immediately. It has its own review with its own deadline.
What about my insurance and my job?
Convictions affect insurance substantially and can affect employment, licensing and US border crossing. Ask counsel about outcomes that limit the record, such as available diversion or interlock programmes.
Is legal aid available?
Duty counsel assists at no cost at the courthouse and by phone, and legal aid may cover the matter depending on income and jurisdiction. Ask immediately rather than waiting.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.