Offences under the Criminal Code involving drinking and driving (D&D) include driving while intoxicated, refusing to submit to a test, and providing a sample with an alcohol content of more than 80 mg. Driving while intoxicated (DUI) offences have serious repercussions on both your license and insurance costs. If you are found guilty, severe penalties may be applied that may have an impact on your ability to travel, as well as your present and potential future career prospects.

You shouldn’t let a single error have an impact on your future. Kisel Law has a group of criminal DUI attorneys who can assist you in avoiding the terrible obligatory punishments related to driving while intoxicated.

 

What exactly does DUI mean in Canada?

Canadian citizens are frequently shocked to learn that drunk driving is regarded as a ‘criminal’ offence. In Canada, criminal cases involving intoxicated driving are among the most contentious. Whichever name it’s given starting from driving while impaired, driving while high, driving while intoxicated, driving under the influence, drunk driving, DUI, or DWI, if you’re caught for an offence linked to impaired driving, you’ll be charged under the Criminal Code and will therefore be liable to its severe penalties.

These punishments encompass far more than just a fine and a brief suspension of your driving license. In addition to significant increases in insurance premiums, heavy penalties and administrative fees, and required enrollment in an ignition interlock scheme and an impaired driving education course at your expense are all consequences of a first-time DUI conviction. More severe punishments, such as jail time, are imposed after further convictions. Additional circumstances surrounding the DUI charges, including a car accident, excessive breath test results, or dangerous driving, may result in additional punishments considerably above the mandatory minimums. An impaired driving record can have an impact on your work, future employment prospects, and international travel, similar to other criminal convictions.

Which are Impaired Driving Charges in Canada?

Any of the following charges may be brought against you if you are detained for an impaired driving-related offence in Toronto or anyplace else in Ontario:

• Impaired Driving → When a police officer thinks he can demonstrate that the motorist was incapable of operating a motor vehicle due to alcohol or drug impairment, the charge is brought even in the absence of a breathalyzer or blood alcohol test reading. Charges of careless driving, mental confusion, poor motor skills, and unsteadiness are based on alcohol or drug use.

• Refusing Breathalyzer → This accusation is typically utilized when a driver who is suspected of driving while intoxicated declines to give a police officer a sample of their breath or blood. The charge may also be brought when the officer determines that the sample given is insufficient for the inquiry.
• Care and Control → Even if you weren’t actually operating a motor vehicle, you could still be charged with driving while intoxicated. Police will attempt to prove drunk driving by proving that the driver was drunk.
• Over 80mg → When the driver’s blood alcohol content (BAC), as measured by a breathalyzer or other authorized screening device, is over 80 mg of alcohol for every 100 millilitres of blood, this charge is brought against them. Police can only request BAC screening if they have reasonable grounds to suspect impaired driving.
• Underage Impaired Driving → Teenage drivers are not allowed to have even the slightest hint of intoxication in Toronto or other parts of Ontario. Because of this, it is easier to prove any of the aforementioned offences against young drivers.

Which are the most common DUI penalties?

The Criminal Code outlines strict sentences for those convicted of driving while intoxicated. These penalties entail more than just the minimum fine of $1,000 for a first offence. They also include increased insurance rates upon reinstating driving privileges. Additional costs for the ignition interlock program, impaired driving education programs, and license renewal as well.

For a first conviction, the following minimum court-ordered punishments are applicable

• One year’s worth of license suspension
• Enrollment in an alcohol education program
• Enrollment in the automatic braking program for a year following license restoration
• 1,000$ fine

Minimum punishments for a subsequent conviction

• 30 days in jail
• Licence suspension for three years
• Depending on the judge’s discretion, a fine
• Three years of ignition interlock enrollment upon license restoration

Minimum punishments for third conviction and later convictions

• 120 days in jail
• License suspension for 10 years to life
• Fine at the judge’s discretion
• If the license is ever restored, lifelong enrollment in the ignition interlock program

To avoid negative financial and reputational effects, seek legal advice. An experienced criminal DUI attorney can provide a custom defence. Based on your unique situation and knowledge of the complex drunk driving laws in the Criminal Code.

In order to prevent one mistake from negatively affecting your life or ruining your reputation, Kisel Law’s team of criminal defence impaired driving lawyers is fully aware of the life-altering implications of an impaired driving conviction and is prepared to mount a vigorous defence against the charges being brought against you.

Can a person avoid going to Trial in a DUI case?

A skilled DUI lawyer can effectively handle a client’s charges without going to trial or settling with the prosecution. A DUI lawyer may be able to convince the prosecution to drop charges. Crown attorneys rarely support dismissing DUI charges unless evidence weaknesses are significant. But they might consider dropping the charges if there’s an admission of guilt for negligent driving.

A successful DUI lawyer should be able to negotiate deals that satisfy all parties. Considering both the defendant’s desire to avoid a criminal record and the Crown’s risk of losing the case at trial.

Can you get a DUI off your record?

A DUI criminal record may be suspended or expunged under Canadian law, making it private. Access to the record is still available to law enforcement agencies. A DUI attorney may be needed to apply for a five-year record suspension.

Call (289)-835-3465 to schedule a free consultation with Kisel Law for competent defence against various criminal offences, or for experienced guidance and defence following your arrest for driving while intoxicated.