Consequences of Pleading Guilty to DUI

Driving under the influence (DUI) or impaired driving is one criminal offence in which law enforcement officials and the Crown Attorney don’t mess around.  The prospect of a conviction with harsh consequences can be overwhelming, especially for first-time offenders.  You will receive many penalties if you are convicted or plead guilty to DUI.

Due to the numerous consequences that follow, it is crucial to be well-informed before entering a guilty plea.

What is the punishment for pleading guilty to DUI?

Individuals who plead guilty to a DUI are subject to many of the same penalties as those who are convicted.  However, individuals who plead guilty may receive some leniency.

The following are the punishments you will receive as a result of pleading guilty to a DUI:

• Licence suspension: The Ministry of Transportation will suspend your driver’s licence for at least one year. After the suspension period ends, you may apply to reinstate your licence. The fee for doing so will vary by province. However, in certain provinces, you may be able to get your license back sooner if you enroll in the Ignition Interlock Device Program.
• Fine: If this is your first DUI, you will receive a mandatory minimum $1,000 fine.
• Additional fines for young drivers: If you are a driver under the age of 21 or with a learner’s or probationary driver’s licence, you may receive an additional fine on top of the mandatory minimum.
• Ignition interlock device: Following your first DUI, you will likely be required to install and utilize an ignition interlock device in any vehicle you wish to drive. In most provinces, drivers must use the device for at least one year.  Drivers must pay for all program costs, including installation, operation, maintenance, and de-installation.
• Educational or treatment program: Depending on the province, you may be required to enroll in an educational or treatment program before you can reinstate your licence. Drivers are responsible for all costs associated with the applicable program in their province.
• Insurance: Your car insurance will increase dramatically after pleading guilty to a DUI. You will be considered a “high-risk” driver for several years, resulting in annual premiums three to five times higher than before your DUI.
• Criminal Record: You will have a permanent criminal record, affecting your employment and immigration status and your ability to travel.
• Employment: In addition to the possibility of losing your job, it will be challenging to gain new employment, given that you must disclose your criminal record.
• Immigration: You may face possible deportation.
• Travel Restrictions: You may be unable to travel to certain countries with a criminal record.
• Publicity: Your case may be reported publicly, affecting your personal and professional life.
• Probation: Even if you don’t serve jail time, you may be subject to a probationary period with certain conditions.

What is the financial impact of pleading guilty to DUI?

The financial impact of pleading guilty to a DUI is extensive, from fines, rehabilitation or treatment programs, the higher cost of insurance, and the potential loss of employment.  Below are examples of what it might cost to plead guilty to a DUI in Ontario and British Columbia.

Ontario

• Fine: Minimum of $1,000
• *Additional fine for young drivers: $60-$1,000
• Ignition Interlock Device Program: $1,500-$2,000
• Insurance: The average annual car insurance in Ontario is $1,674. As rates tend to increase three to five times from what they were prior to a DUI, your car insurance may range from $5,022-$8,370.  This figure will be higher if you are a younger driver.
• Loss of income: If you lose your job due to a DUI, this will add to the financial impact of pleading guilty to a DUI.
• Cost of legal counsel: While the cost of hiring a lawyer will vary, legal fees will add to the financial impact of pleading guilty to a DUI. To learn more about our fees, Book a Free Consultation today.

The total financial impact of pleading guilty to a DUI will be at least $5,848, in addition to the cost of legal counsel and any loss of income.

British Columbia

• Fine: Minimum of $1,000
• Ignition Interlock Device Program: Minimum of $1,680
• Insurance: The average annual car insurance in British Columbia is $1,832. As rates tend to increase three to five times from what they were prior to a DUI, your car insurance may range from $5,496 – $9,160.  This figure will be higher if you are a younger driver.
• Loss of income: If you lose your job due to a DUI, this will add to the financial impact of pleading guilty to a DUI.
• Cost of legal counsel: While the cost of hiring a lawyer will vary, legal fees will add to the financial impact of pleading guilty to a DUI. To learn more about our fees, Book a Free Consultation today.

The total financial impact of pleading guilty to a DUI will be at least $6,344, in addition to the cost of legal counsel and any loss of income.

What is the impact of a DUI on your insurance?

One of the consequences of pleading guilty to DUI is its impact on your insurance.  First, you must disclose your DUI to your insurance carrier, or they will have the right to refuse your claims or cancel your policy.  Upon learning that you have a DUI, your insurance carrier generally has the right to cancel your policy regardless.

With a DUI on record, you will now be considered a “high-risk driver.” If your carrier decides to maintain your coverage, it will be at a higher premium than before your DUI.  Multiple online insurance quotes show that high-risk auto insurance premiums tend to be three to five times higher annually.

In addition to higher rates, high-risk insurance tends to provide more limited coverage and payment options.

A DUI can remain on your permanent record for three years following conviction.  If the Ministry of Transportation suspends your licence, the suspension will stay on your record for at least six years.

Undoubtedly, the impact on your car insurance is a big blow.

If you still wish to drive following your DUI, there are several ways that you can help bring down the cost of your insurance:

• Make and Model of Your Car: To offset the initial higher cost of insurance that you will experience following a DUI, driving a smaller, non-sport vehicle that costs less to insure may be beneficial in the meantime.
• Deductible: If possible, try to change your policy to a higher deductible to offset the cost of higher premiums.
• Clean Driving Record: While you wrestle with higher insurance, you must keep your driving record clean following the DUI conviction.
• Fines: Promptly pay any fines that you receive.
• Rehabilitation Programs: Besides mandatory rehabilitative programs, drivers should take any recommended class or programs to demonstrate their commitment to driving safety following their DUI conviction.

FAQ

Can you beat a DUI charge?

Depending on the facts and circumstances of your case, yes, you can beat a DUI charge.

If you are not able to get the charge dropped altogether, you may use one of the following defence strategies to beat your DUI charge:

• Disputing reasonable suspicion: The police require reasonable suspicion that an individual is impaired and has been operating a vehicle within the preceding 3 hours. If the police did not have reasonable suspicion, there may be grounds to challenge the demand for a breath or blood sample.
• Challenging the legality of the stop: If the police did not stop you to investigate impaired driving, licencing, insurance or motor vehicle fitness, they might not have had grounds to stop your car.
• Questioning the Field Sobriety Tests: There may have been some other reason that caused you to fail the tests, such as a medical condition.
• Challenging the timing of the approved screening device (ASD) demand: The police may not have demanded a breath or blood sample “as soon as practicable.”
• Challenging the timing of collecting samples: The police may have delayed collecting the samples after making the demand or not waited 15 minutes to collect the samples when required.
• Challenging the grounds for arrest: The police may not have had reasonable and probable grounds to make the arrest.
• Challenging the operability of the ASD: The ASD may not have been properly calibrated.
• Submitting a Charter application: Your Charter rights may have been breached in several ways, including:
  • Section 8: Your right to be secure against unreasonable search and seizure.
  • Section 9: Your right not to be arbitrarily detained or imprisoned
  • Section 10(b): Your right to counsel.
  • Section 11(b): Your right to be tried within a reasonable time.

Should you plead guilty to a DUI?

The short answer is no.  Following your DUI charge, hiring a lawyer is the best thing to do.  A lawyer will be able to assess the facts of your case and determine the best legal strategy to pursue.  Your lawyer may be confident that he can get the charges dropped, reduced or get you off altogether.  Given the serious consequences of pleading guilty to DUI, it is unwise to plead guilty without first assessing your options.

Even if you determine that a guilty plea is an avenue you want to pursue, your lawyer can first negotiate with the assigned Crown Attorney to get the best possible outcome.

How can a lawyer help with a DUI charge?

A lawyer with experience in DUIs is in the best position to review the facts of your case and advise on the most appropriate legal strategy.  With the assistance of a lawyer, you may be able to get the charges reduced or dropped or assist you in beating the charges altogether.