What Happens When I am Arrested And It Is Not My First Drinking & Driving Offence?
Drinking and driving laws
in Ontario are already quite strict for first-time offenders, so what happens
if someone has been arrested for subsequent offences?
Consequences for First-time
Offenders
Under Ontario’s Stream A
program, first-time offenders are required to pay a minimum fine of $1,000 and
can get back to driving again after 3 months provided that they agree to have
an Ignition Interlock device for the next 9 months. This is a welcome change
because prior to this, first-time offenders are prohibited from driving for a
full year. Does this mean that the law is lenient for first-time offenders? Yes
and no. The fact is that majority of individuals who are convicted of drinking
and driving are first-time offenders who have never been in trouble with the
law. The law still wants them to be punished to discourage further drinking and
driving offences but at the same time, the focus is on education and rehabilitation
so that they can continue with their lives as productive citizens.
Consequences for
Subsequent Offences of Drinking and Driving
Penalties are severe for
those who are convicted of drinking and driving for subsequent offences. The
minimum jail sentence starts at 30 days for a second offence and can go to a
minimum of 120 days for subsequent offences. If your second offence happened on
or after July 1, 2018, and occurred 10 years after your first offence, you may
be eligible for a program that can allow you to drive with an Ignition
Interlock device for 18 months after you observe a driving prohibition of 9
months as long as you plead guilty within 89 days of your offence. Your license
will be suspended for 3 years if you go to trial despite qualifying for this
program.
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Note that the maximum
penalties for impaired driving for instances wherein there is no bodily harm
have been recently increased to 2 years less a day from the previous 18 months
of jail time for summary conviction. For indictment, it has gone up to 10 years
from the previous 5 years.
Other Driving Offences Can
Count as Priors
Under the Criminal Code,
charges of Failing to Remain at the Scene of an Accident and Dangerous
Operation of a Motor Vehicle count as priors for a drinking and driving charge.
Having these on your record will have an effect on sentencing, jail time, and driver’s
license suspension. More so, no matter how many times someone has been chargedwith a DUI, refusing or failing to provide a breath sample or having a blood
alcohol concentration of over 80, will face immediate license suspension for 90
days.
In addition to the above,
previous offences that were from more than 10 years ago can still be brought up
by the Crown as reasons for more severe punishment especially in the presence
of aggravating factors. Aggravating factors include details that make the offence
more serious such as having an extremely high blood alcohol concentration.
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