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A D.U.I, “driving under the influence”, is the common phrase used when describing the act of drinking and driving.
In Canada, this charge is referred to as Impaired Driving and includes impairment by alcohol, drugs, or a combination.
An impaired driving charge is very serious and holds a wide variety of punishments and penalties from both a provincial and federal standpoint.
From the moment an individual is pulled over for impaired driving, penalties accrue and imprisonment with a criminal record are possible realities. Therefore, it's crucial for anyone facing such charges to seek immediate legal advice and representation from an impaired driving lawyer who can assess the specifics of your case, provide guidance on your rights, and work towards minimizing the potential consequences.
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Impaired driving is the operation a vehicle (which can include cars, trucks, boats, snowmobiles and off-road vehicles) while your ability to do so has been compromised to any degree by the consumption of alcohol, drugs or a combination of both.
Throughout Canada, the maximum legal “blood alcohol concentration” (BAC) for fully licensed drivers (in Ontario, a G license) is 80 milligrams of alcohol in 100 millilitres of blood, or better known as under 0.08. Driving with a BAC of 0.08 or over is a criminal offence with severe penalties.
As impaired driving is a very serious offence that affects society as a whole, Ontario has taken a stronger stance to its enforcement. In Ontario, if a BAC between 0.05 and 0.08 is found, one can also face serious charges, notwithstanding the fact that it is under 0.08. This is commonly referred to as the “warn range.”
Drivers age 21 or under and novice drivers of any age (with either G1, G2, M1, or M2 licenses) must not have any presence of alcohol in their blood when behind a wheel. This is referred to as the “zero BAC” or “zero tolerance” rule.
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There is no warning or second chance when it comes to the seriousness of driving impaired. Therefore, even if it is someone’s first time, there are immediate penalties, which include:
The individual’s vehicle will be impounded for seven days and there will be costs incurred for the amount of time it is impounded and towing fees.
These penalties occur even before there is a conviction. Once an individual is convicted with impaired driving, in addition to the penalties above, there is a minimum one-year license suspension and a fine of $1000.
The Criminal Code of Canada (“Code”) sets out the minimum punishment for the offence of impaired driving in section 320.19(1).
An impaired driving charge is punishable by way of indictment or summary conviction. Indictment is a term used to define a more serious crime, while a summary conviction is of a less serious nature, being punishable by shorter sentences and smaller fines. Both can lead to jail time, even if it is a first offence.
The Court, when determining if jail time will be given, will look at the “aggravating circumstances” outlined in section 320.22 of the Code. Aggravating circumstances refers to the factors that increase the severity of the incident such as:
If the offence included any of the above, the Court may decide to punish by way of indictment (being a more serious crime).
Therefore, although the Court will consider if this is the individual’s first offence, it is not the final decider of whether there will be jail time.
Therefore, impaired driving should be avoided at all costs and if an individual is charged with impaired driving they should obtain legal counsel immediately.
The minimum punishment for a second impaired driving conviction is imprisonment for a term of 30 days. This will also depend on the aggravating circumstances listed above. If the impaired driving results in death, the individual is liable on conviction of indictment to imprisonment for life.
After a second offence, the Code refers to each offence after as a “subsequent offence” which holds a minimum punishment of imprisonment for a term of 120 days.
Depending on the aggravating circumstances listed above, and if convicted of way of indictment or summary, imprisonment can be as great as life.
The severity of jail time for a DUI conviction underscores the importance of a strong legal defence. Our experienced DUI lawyers in Toronto are here to help. Contact us for a free consultation to discuss your case and explore your options.
Need help? Consult with a DUI Lawyer
or CALL: (416) 658-1818
