First Time DUI Offence In Ontario

DUI is short for Driving Under the Influence. A DUI is Canada is covered under section 320.14 of the Criminal Code.

In Ontario, in addition to being charged under the Criminal Code for Impaired Driving, Ontarians can face penalties under the Highway Traffic Act, starting at $250.00 for a first offence and going 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.

Under the Criminal Code, you can also face serious consequences including fines, licence suspensions and jail time.

All of these consequences highlight the seriousness of a DUI in Ontario. The goal of this article is to understand the consequence of a first DUI offence so that you can better understand how to protect yourself when facing DUI charges.

Consequences of a First Time DUI Offence

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.

Minimum fines may also increase depending on ones 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.

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.

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.

Of course, one major consequence of pleading guilty to a DUI in Ontario is the introduction of a 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.

The Legal Process After a DUI Arrest

When arrested for a DUI, you will be read your rights, and may ask to speak to a lawyer. You may be transported back to a police station, upon which you may be asked to provide a breath or urine sample. Depending on the circumstances of the DUI, you will either be released, or will have a bail hearing in front of a judge.
After release, you will attend court appearances until you receive your disclosure, which is the Crown’s evidence of your case. After receiving disclosure, you can determine your next step for dealing with your DUI.

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.

Mitigating Factors and Defences

Factors that can influence the severity of a DUI include how high your blood alcohol concentration was, any injuries caused by the DUI, whether there was passengers in your vehicle, how fast you were driving, and whether you were cooperative with the police.

There are also various defences that can be applied depending on your situation. These include:

• Challenging the Stop and Arrest: You have various rights during a traffic stop and arrest. Make sure to review the sequence of events with your lawyer to ensure that the traffic stop was made with reasonable suspicion, and that you were provided all your Charter rights upon arrest.
• Questioning the Evidence: Most DUI charges involve BAC testing. This testing is not foolproof, and improperly calibrated machines can lead to false results. Make sure yourself and your lawyer do not take breathalyzer and blood test results at face value, and seek out confirmation of the calibration of these machines.
• Medical Conditions: BAC testing isn’t foolproof. Certain medical conditions can effect BAC readings, resulting in false test results. These include conditions such as diabetes, heart diseases, acid reflux and more. If you suffer from a medical condition, make sure your lawyer is informed so they can bring this up in your defence.
• Rising Blood Alcohol Defence: One possible defence is the rising blood alcohol defence. Blood alcohol can change greatly in a short amount of time. It is thus possible that while your BAC was below the legal limit while driving, it is above the legal limit during testing. If this defence is applicable to you, it can be argued that you were not driving while impaired at an illegal level.
• Errors in Police Reports: The Crown will provide you police reports in disclosure in addition to body worn camera from the police. If there is a discrepancy between what is on the report and in the video, the video could be challenged.
• Chain of Custody Issues: Chain of Custody refers to the custody of blood or urine samples. It is important that proper procedures are followed during the analysis of these samples, as any contamination could make it so the results are inaccurate due to cross-contamination with someone else’s urine or blood.
• Improper Handling of Evidence: If evidence is not handled properly, it may be difficult to link it back to you, or to accept the accuracy of what the evidence is saying. If you or your lawyer notices that evidence was handled improperly, make sure to challenge this evidence in court.

Frequently Asked Questions

What constitutes a DUI offence in Ontario?

DUI is short for Driving Under the Influence. A DUI is Canada is covered under section 320.14 of the Criminal Code, found in Part VIII.1. Part VIII.1 covers “Offences Relating to Conveyances.” A DUI charge involves operating a conveyance while impaired by drugs or alcohol.

What are the legal Blood Alcohol Concentration (BAC) limits in Ontario

For a criminal DUI, a BAC of .08 or higher can result in charges. However, Ontarian can be charged under the Highway Traffic Act for having a BAC in the warn range, which is 0.05 to 0.079. Further, under Ontario’s zero tolerance for young novice and commercial drivers, you cannot have any alcohol in your system if you are 21 or under.

What are the immediate consequences of being arrested for a DUI

Upon being arrested, those with a DUI may be held and require a bail hearing to be released. There is also an immediate driving suspension while one is investigated and going through the court system for their impaired driving charge.

Will I have a criminal record if I am convicted of a first time DUI?

If you are convicted of a DUI, you will have a criminal record. This record will last at least five years after any probationary period for a summary offence and at least ten years for an indictable offence. After this time, you may apply for a record suspension.

What are the fines and penalties for a first time DUI offence?

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. 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.

How long will my driver’s license be suspended for a first time DUI?

Driving prohibitions are imposed upon a conviction of a DUI. For a first offence, the prohibition is at least one year long, with a maximum time of three years.

Conclusion

A DUI is a serious offence with potential penalties including fines, licence suspensions and even imprisonment. In addition, those with a DUI will have a criminal record which can effect employment and travel.

It is important to find a DUI lawyer in Ontario who can guide you through the process after arrest and help find the defences that best assist you in your situation to avoid the consequences of a first DUI conviction.