Pleading Guilty to DUI in Ontario.
It is Best to fight the Charges, here is why.
Some general information about being charged with a DUI (Driving Under the Influence) in Ontario, Canada. However, please keep in mind that laws can vary, and it's always best to consult with a legal professional for advice specific to your situation.
In Ontario, it is illegal to operate a motor vehicle while impaired by alcohol or drugs. If you are charged with a DUI, you may face serious consequences, including fines, license suspension, mandatory education or treatment programs, and even imprisonment, depending on the circumstances of the offense.
Here are some key points to be aware of if you've been charged with a DUI in Ontario:
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Immediate consequences: When charged with a DUI, your driver's license is typically suspended immediately for 90 days. This suspension is separate from any penalties you may face if convicted.
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Criminal offense: DUI is considered a criminal offense in Canada. If convicted, you will have a criminal record, which can have long-term consequences on employment prospects, travel, and other aspects of your life.
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Legal process: After being charged, you will have to go through the legal process, which includes attending court hearings. It's crucial to seek legal representation from a qualified lawyer who specializes in impaired driving cases to help navigate the process and protect your rights.
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Penalties: If convicted of a DUI offense in Ontario, penalties can include fines, mandatory participation in an alcohol education or treatment program, mandatory installation of an ignition interlock device in your vehicle, and possible imprisonment. The severity of the penalties depends on factors such as blood alcohol concentration, previous convictions, and any injuries or fatalities resulting from the incident.
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Defense options: There are potential defenses against DUI charges, and an experienced lawyer can assess your case to determine the best approach. They may examine aspects such as the legality of the traffic stop, breathalyzer or blood test accuracy, or constitutional rights violations.
It's crucial to consult with a lawyer who can provide you with personalized advice based on your specific circumstances. They can guide you through the legal process, help build a defense strategy, and represent you in court.
Post-Conviction Consequences for Alcohol and/or Drug Impaired Driving If you are convicted criminally of DUI impaired driving in Ontario: *
First Offence:
- First offence, with blood alcohol content of 80-129 mg: mandatory minimum $1,000 fine
- First offence, with blood alcohol content of 130-159 mg: mandatory minimum $1,500 fine
- First offence, with blood alcohol content of 160 mg or more: mandatory minimum $2,000 fine
- First offence, but refuse to be tested: mandatory minimum $2,000 fine
- Mandatory education or treatment program
- Mandatory Ignition Interlock period of at least 9 months
- Prohibited from Operating a motor vehicle of any kind within Canada for a minimum of 1 year, subject to the ignition interlock program
Second Offence:
- Mandatory education or treatment program
- 3 year minimum requirement to drive a car equipped with an ignition interlock device; subject to the Stream D program
- mandatory minimum 30 days imprisonment
- Fine amount at the discretion of the judge
- Licence suspended for minimum 3 years by the Ministry of Transport; subject to the Stream D program
- Minimum 2 year prohibition on operating a motor vehicle anywhere in Canada, even if they don’t require a driver’s license
Third and subsequent Offences:
- Mandatory education or treatment program
- Variable interlock periods (depending on sequence of prior convictions)
- mandatory minimum 120 days imprisonment
- Lifetime licence suspension (can be reduced to 10 years if certain conditions are met on the third conviction; on fourth or subsequent conviction lifetime suspension with no possibility of reduction)
it must be remembered that you are presumed innocent until proven guilty and the Crown bears the heavy burden of proving all essential elements of the case beyond a reasonable doubt. Given the heavy penalties involved you owe it to yourself to seek the best possible representation from an experienced lawyer with a record of defending these types of cases. If you are uncertain about your rights and need to win the case to keep your licence and avoid a criminal record then why not call the Impaired Driving Defence Centre? Our initial consultation is always free and IDDC colleagues can speak with you, promptly.
Toronto & GTA Call 289.481.1007 - Outside GTA Call 1-877-497-3927