DUI Probation Violation In Ontario

If you have been arrested for a DUI violation, you can be criminally charged and serve a term of imprisonment. However, you can also be granted DUI probation. DUI probation is a court-imposed supervision period allowing the accused to remain in the community instead of jail time. The consequences of a DUI probation violation in Ontario can be severe; if you are served with a blood alcohol content level of 80 or over, these are the following sentences you could face:

Conditional discharge: You are guilty of the offence but have not been given a registered conviction, meaning it stays off your criminal record. However, the accused must follow court-mandated conditions; failure to comply can lead to additional criminal charges. Once you have complied with the conditions, the conviction automatically comes off your record after three years.

Absolute discharge: An absolute discharge is similar to a conditional discharge. You are guilty of the offence, but no conditions or probation period are required. It remains on your record for one year and comes off automatically.

Probation Order: This is an order from the court that requires the accused to follow specific rules or guidelines for an extended period. The judge would determine the rules as they see fit; it may refrain the person from certain acts, such as drinking. This allows you to remain in the community and go about your day-to-day life. A fine typically accompanies a probation order.

Suspended discharge or imprisonment are other sentencing alternatives. However, those typically end with a criminal record.

Understanding DUI Probation In Ontario:

What is a DUI Probation?

A DUI probation is a court order in which a judge imposes specific conditional guidelines that the person must follow. Once the person complies with the rules, the probation period is over, and the offence is removed from their criminal record.

Common DUI Probation Conditions?

Some common types of probation conditions can be:

• Regular meetings with a probation officer
• Attending a DUI Education program or alcohol rehabilitation centre
• Random drug or alcohol testing
• Driving restrictions and curfew limits, you could be restricted to only drive during daytime hours.
• You may be required to comply with a peace bond, which ensures you do not get into any more legal trouble.

Duration of DUI Probation

Probation can last 1-3 years; after that, it will be removed from your record, provided you comply with all the conditions. However, this may depend on the severity or complexity of your case.

What constitutes a DUI Probation Violation?

Failure to comply with Court-ordered Conditions?

The court can impose several orders that you must comply with. It is essential to ensure compliance with these conditions; failure will result in a DUI probation violation, which is a criminal offence under the Criminal Code of Canada. For example, if the court imposes a condition that you must meet with a probation officer every Tuesday, failure to do so will result in a criminal offence under s. 733.1 of the Criminal Code.

Committing a New Offence

If you commit an offence while on DUI probation, you will violate your probation order and receive a criminal record. The point behind a probation order is to rehabilitate individuals back into society, so you must remain out of trouble with the law.

Alcohol or Drug use

As part of a probation order, the court may order you to abstain from any alcohol or drug use; random alcohol or drug tests will regulate this.

Driving violations

The court can impose various driving conditions, such as not being able to drive; revoking your driver’s license can result in several penalties, including a probation violation for driving a vehicle without an interlock device.

As you can see, a wide variety of restrictions can be imposed, from complying with weekly meetings with a parole officer to not complying with good behaviour and peace requirements, restricting or limiting the use of alcohol or drugs, and driving restrictions.

Legal Consequences of DUI Probation Violation in Canada

Increased probation period

Violating the probation conditions may result in the court extending the probation conditions.

Revocation of Probation

Any violation throughout the probation can result in the court terminating the violation and imposing DUI penalties, ranging from jail time to license suspensions.

New Criminal Charges

If a new offence has been committed at any time, you can receive a separate charge and different penalties.

Possible Jail Time

If you have been charged with violating a probation order, you can face up to four years in jail, depending on the severity of the violation.

As you can imagine, the consequences of a DUI probation violation in Ontario can be grave. These can range from minor to severe penalties; it is always important to remain out of trouble and ensure you are complying with each condition that has been imposed.

Defences for DUI Probation Violation

How to handle a DUI probation violation in Ontario is often a common question or concern; there are a handful of different ways a lawyer can help, some of them being:

Lack of Willful Violation

A possible defence can be a lack of willful violation, proving the violation was not intentional. This can be done in a few different ways, one of them being a medical emergency. For example, if you drive when your license is suspended, proving you only drove due to an extenuating circumstance may result in a not guilty conviction. Another option would be that the act was not committed intentionally; this might only be allowed for a lesser offence.

Challenging the validity of the results

If you were found to have violated the zero drug or alcohol condition, a lawyer can dispute those results. One argument would be that some form of contamination or improper procedure may dismiss the results. Improper procedure could be various possibilities; for example, the officer’s actions might not have warranted the request for a sample in the first place.

Proving compliance

If you had complied with the condition, but it was documented incorrectly. For example, if you must be with your probation officer every day at six and have complied with this condition, but they mark you as a no-show, your lawyer must prove that you had complied.

Requesting Modification of Probation Conditions
If a probation condition is that you have to meet with the probation officer every day at three, but you work until five across town. This could be seen as an unmanageable condition, which may result in your lawyer seeking a petition to modify the probation condition.

Possible Outcomes of a DUI Probation Violation Hearing

Warning or Reprimand

If you committed a minor offence, you may receive a warning from the court. However, this depends on the severity of your offence and the circumstances.

Modification of Probation terms

Depending on the circumstances of your violation, the court can impose stricter conditions, some of which may limit your freedom or require you to do specific tasks for an extended time.

Extended Probation Period

The court also has the power to extend the probation period if you are found to violate your probation order. For example, if you were required to have an interlock device in your vehicle for six months but received a warn range, then the court can extend that order by another month if they see fit.

Revocation of Probation and Jail time

A probation order is often less restrictive than traditional DUI penalties. If the violation is severe, the court can revoke the probation order or impose jail time.

Preventing DUI Probation Violations

Regular Communication with your Probation Officer

If you have a probation order, you are likely assigned a probation officer; it is important to remain in frequent contact with them to ensure you do not accidentally fail to comply with a specific condition.

Keeping Track of All Requirments and Deadlines

When you have different conditions imposed, it can be overwhelming. However, the best action is to remain organized and know all your requirements and deadlines. For example, if part of the probation order is serving 100 community hours by the end of the year, ensure you take time out of your schedule to comply with the order.

Avoiding Risky Situations

A condition that may be imposed is to avoid drinking or doing drugs; you often find yourself struggling with this. The best method is to take yourself out of that environment; avoiding bars and clubs would be an excellent way to avoid temptation.

Conclusion:

As discussed, the DUI probation violation penalties in Ontario can be severe, depending on the severity of your violation. They can negatively impact your day-to-day life and potentially damage your reputation. If you have been ordered by the courts to follow a DUI probation order, then ensure you understand the importance of the terms, and if you require any further assistance with an alleged violation, book a free consultation.