The Consequences of Pleading Guilty to DUI in Ontario

Punishments for a criminal DUI charge will vary depending on whether the Crown elects the offence as summary or indictable.

For offences proceeded summarily, those pleading guilty to a DUI are liable to a fine of not more than $5,000 and imprisonment of not more than two years less a day. For DUIs proceeded by indictment, offenders are liable to imprisonment for a term of not more than 10 years.

There are also some prescribed punishments for DUIs whether they are elected summarily or by indictment, including $1,000 for a first offence, imprisonment for a term of 30 days for a second offence and for each subsequent offence, a term of 120 days.

Minimum fines may also increase depending on one’s blood alcohol level. A fine of $1,500 is required if your blood alcohol concentration is equal to or greater than 120 mg of alcohol in 100 ml of blood. If the concentration is equal to or greater than 160mg of alcohol in 100ml of blood, a minimum fine of $2,000 is required.

Understanding a Driving Prohibition

Another major consequence of a criminal DUI is a driving prohibition. For a first offence, the prohibition is at least one year long, with a maximum time of three years. For a second offence, a two year prohibition is the minimum, with the maximum being 10 years. For any subsequent offence, a three year prohibition is required.

Under the Highway Traffic Act, the fines associated with a DUI start at $250.00 for a first offence and go up to $450.00 for a third or subsequent.

Consequences of a DUI under the Highway Traffic Act can include immediate licence suspensions, a fine, mandatory educational or treatment programs, the impoundment of your vehicle. Upon conviction for a Criminal Code Impaired Driving Offence you face high fines under the HTA $5,000 to $25,000 for a first conviction $10,000 – $50,000 for subsequent offences.

A DUI will also have an impact on your driving record, in which the conviction will be shown. This can lead to an increase in insurance rates and premiums which can have a long term effect.

For those who wish to drive again in Ontario, they must complete the Back on Track Program, which has three components and can take up to 11 months to complete. The three components are an assessment that determines the extent of the drinking and driving problem, education or treatment aimed at preventing drinking and driving and a follow up interview which takes place 6 months after the education to revisit the goals set.

Long-Term Consequences of a DUI Conviction

The major long-term consequence of pleading guilty to a DUI is the resulting criminal record. Though a person may apply for a record suspension 5 years after their probationary period of a summary offence and 10 years for a indictable offence, the record that results before this time can impact many aspects of a person’s life.

Some people are unable to find work in certain fields while they have a criminal record, as certain sectors require employees with no criminal convictions. Further, a record can impact travel to countries such as the United States, who can see if a Canadian has a DUI record.

Financial Consequences

The fines of a conviction then range from $1,000 to $5,000.

Further, the potential of losing your job accompanied by the increase in insurance and mandatory educational programs can make it seem as if it will be impossible to pay your bills and recover financially from this process.

Finally, if you choose to hire a lawyer, the fees can range anywhere from $5,000 to over $20,000 depending on the lawyer’s seniority and experience.

Legal Process

Before pleading guilty, you will have the opportunity to order disclosure, which is the Crown’s evidence of your case. The disclosure you receive will help you determine how you wish to proceed regarding your charge; either by a guilty plea or setting a trial.

When fighting a DUI charge, there are numerous advantages to hiring a criminal defence lawyer. A lawyer will provide you with legal advice before they charge you, which will allow you to determine if you would like to continue with their services. A lawyer can also protect you against self-incrimination by allowing you to navigate your conversations with law enforcement.

A lawyer will gather evidence, interview witnesses, and retain expert witnesses if necessary to help you reach the best possible outcome. Lawyers also come with a wealth of experience navigating the criminal justice system and court process and can represent you during trial.

A DUI lawyer in Ontario may also help you settle your matter outside of trial, such as through a plea bargain in which the major consequences of a DUI are avoided.

Personal and Social Consequences

Besides the strictly legal consequences of a DUI, pleading guilty can have an impact on your personal life.

People who know about you and the charge may shift their views on you, resulting in a major impact on your personal reputation.

The stress of a DUI can also impact familial and social relationship and lead to strain between yourself and those closest to you. Further, the stress of the court process can have major emotional and psychological impacts on a person charged with a DUI in Ontario due to the stress of the entire process.

Frequently Asked Questions

Will I have a criminal record if I plead guilty to a DUI?

How long you have a record will depend on whether your offence is summary or indictable. For summary offences, you will have a record for a least five years following any probation period, whereas for an indictable offence, the record will last at least 10 years. Following these time frames, you have the ability to apply for a record suspension to expunge your criminal record.

How long will by driver’s licence be suspended if I plead guilty?

The length of your license suspension will depend on how many DUIs you have received in Ontario. For a first offence, the driving prohibition is at least one year long, with a maximum time of three years. For a second offence, a two year prohibition is the minimum, with the maximum being 10 years. For any subsequent offence, a three year prohibition is required.

What fines and court costs will I face if I plead guilty to a DUI?

Leading up to your guilty plea, the cost of a DUI lawyer may vary from $5,000 to $20,000. After a guilty plea is entered, you may then face fines from $1,000 to over $5,000, along with addiction financial strain from any education programs required.

How will pleading guilty to a DUI affect my car insurance rates?

In general, pleading guilty to a DUI will have a major impact on your car insurance rates. When you are convicted of a DUI, the DUI will show on your driving record. This will result in your insurance increasing many years into the future until it can be shown that your pattern of impaired driving has decreased.

Can a DUI conviction affect my employment opportunities?

A DUI conviction can have a major impact on employment opportunities. Some employers require a vulnerable sectors check for potential employees, which would show that you have been convicted of a DUI. Some jobs also require a criminal record check yearly. This can result in difficulty finding or maintaining employment.

Conclusion

A DUI in Ontario is a serious charge. Those charged with this offence face consequences such as a criminal record, a driving suspension, a fine, and even potential imprisonment. Further, a DUI will raise insurance rates and a large educational process is required in Ontario before one can drive again. In addition, there are social and emotional consequences associated with the stress of the entire process.

Given the consequences of a DUI in Ontario, it is important for you to seek advice from a DUI lawyer in Ontario. Receiving help from someone with experience fighting DUIs is the best way to ensure your future is protected from the various consequences associated with a guilty plea.