Drunken driving is considered a critical criminal offense in Canada. The question arises and whether you can go to jail because of DUI in Ontario, the short answer to this question is yes, in some cases jail time can be expected. The harshness of the sentence varies based on various factors such as first time offence, injury of a person and the criminal history of an offender.
It is imperative to know the penalty for DUI in Ontario in case you are being charged. The outcomes may be fines, suspension of the licence, criminal record, and in other instances, incarceration. The Ontario courts adhere to the federal impaired driving legislation by the Criminal Code of Canada and judges are not offered much discretion on penalties because set minimums are compulsory.
Knowledge on DUI Laws in Ontario.
Working as a Criminal Defence Lawyer Brampton I Sukhvir Singh is sharing many things in this blog. As per my experience it should be noted that the Dui laws in Ontario, operate before considering the amount of jail time. The charges of impaired driving may come through either driving a vehicle with a blood alcohol concentration (BAC) of 0.08% or more or inability to drive a vehicle due to the effects of alcohol or drugs. There are also charges that may be brought against police by refusing to give a breath sample.
In Ontario, there are greater penalties under the DUI laws in case of repeat offenders or when there is an occurrence of bodily harm or deaths. Even first-time offenders have been seriously affected such that their employment, travelling and insurance premiums have been impacted.
A conviction of DUI leaves a criminal record, which cannot be pardoned. This in itself can have a long term effect outside the courtroom.
Penalty of the DUI in Ontario?
In Ontario, the sentence of DUI is based on the first offence or subsequent offending.
First Offence
In a first-time offense, the lowest punishments usually are:
- A mandatory fine starting at $1,000
- One year driving suspension.
- Graduation of an education or treatment program.
Although jail time is not compulsory in the first offence, it can still be possible according to the situation. The sentence may be aggravated by the presence of very high levels of BAC or driving recklessly.
Second Offence
A second conviction carries:
- A minimum 30 days in jail
- A more extended driving ban.
- Growth in monetary fines.
Third or Subsequent Offence
For a third conviction:
- A minimum of 120 days in jail
- Long-term or possible permanent driving suspension.
The penalty for dui in Onatrio Canada (where it is spelled with a wrong spelling, nevertheless, Ontario is meant) may be even more intense in case the drunken driving resulted in injuries or death. In such situations, the jail term can go as long as a few years.
Fines for DUI in Ontario
Our team of toronto defence lawyers shares that besides the possible jail sentence, fines are also big in Ontario as a result of DUI. A first time offence exposes you to a minimum penalty of 1000 dollars which may also be increased in case your BAC goes above a given level. For example:
BAC 120 -159mg: fine min. 1,500.
BAC 160 mg or higher: minimum $2,000 fine
Other than fines that are imposed by the court on Fines for DUI in Ontario, there are other financial repercussions:
- Licence reinstatement fees
- Higher insurance cost.
- Expenses on compulsory education.
- Legal defence fees
The overall financial cost can be tens of thousands of dollars in the long run when all the costs are taken into account.
At what point is Jail Time Likely?
Although a large number of first-time offenders never go to jail, there are some factors that increase the probability of jail:
- Repeat DUI convictions
- Driving while prohibited
- Failure to give in to police demands.
- Causing bodily harm or death
- Extremely high BAC readings
Impaired driving is subject to seriousness by courts as it is a major threat to the safety of the people. In case of the presence of the aggravating factors the judges can sentence more severely to prevent possible future offences.
Although jail time is not implemented, probation orders could have tough terms like not taking alcohol, providing counselling, and reporting to a probation officer.
The Importance of Hiring Counsel.
In case you are accused of driving under the influence, it is important to get professional legal advice. Find Criminal Defence Lawyer Brampton specialists, who are aware of the intricacies of the impaired driving cases and capable of determining whether the police procedures had been conducted in accordance with the rules.
It is sometimes a challenge and even scary to manoeuvre through the legal system particularly when you are facing charges of an offence. A Criminal Defence Lawyer in Brampton can also help you in getting to know your rights and make your way through the legal labyrinth.
An experienced lawyer can:
- Check on the legality of the traffic stop.
- Challenge the breathalyzer calibration / testing process.
- Look into Charter violations disclosure.
- Negotiate with the Crown where necessary.
There are certain instances where the charges can be minimized or dismissed in case the evidence presented by the prosecution has loopholes.
About Sukhvir Singh Law
Sukhvir Singh Law focuses on offering high-quality legal services to the clients who are accused of criminal offences in Brampton and the entire Ontario. This company is aware of how severe the effect of criminal charges can be on your life and does its best to defend both your right and future.
The team focuses on:
- DUI Defence
- Drug Charges
- Assault & Battery
The firm provides affordable and high-quality legal services to the communities of Brampton, Mississauga, Hamilton, Kitchener, Guelph, Windsor, Barrie, and others.
Actions that should be followed in case of being charged.
In case of impaired driving charges:
- Never talk about your case to anybody but your lawyer.
- Demand the discovery of every piece of evidence against you.
- Attend all court dates.
- Seek immediate legal advice.
Free evaluation may enable you to find out the legal options. Whether it is in case analysis to strategy formulation or court representation, advocacy skill can make a big difference to your case.
