DUI is short for “driving under the influence”. Sometimes referred to as drinking and driving, or drunk driving, or impaired driving, in Ontario the DUI offense results in extremely painful DUI penalties. Our experienced DUI lawyer can help you through this difficult process and ensure a thorough investigation and defense strategy.

A DUI charge means that operating a vehicle including cars, trucks, boats, snowmobiles and off-road vehicles while, under the influence of alcohol or drugs above the Blood Alcohol Concentration (BAC) limit, is against the law.

BAC refers to your “blood alcohol concentration”. It is the amount of alcohol in your blood. For example, if your BAC is .05%, that means you have 50 milligrams of alcohol in 100 millitres of blood. Each drink you have within a certain timeframe increases your BAC.

In Canada, the drinking and driving laws state that the BAC limit is .08%. This is the level at which Criminal Code impaired driving charges can be laid.

In Ontario, the penalties for DUI can result in your losing your driving license for a year for a first offense, or a lifetime for a third. The consequences of DUI charges can be devastating.

Consequences if convicted of DUI Charges

• First offense: 1 year license suspension, $1000 fine and one year enrollment in the ignition interlock program

• Second offense: 3 year license suspension, a fine up to the judge’s discretion, 30 days of jail time and 3 year enrollment in the ignition interlock program

• Third and subsequent offenses: 10 year to lifetime license suspension, a fine up to the judge’s discretion, 120 days of jail time and lifetime enrollment in the ignition interlock program if your license is ever restored

• To retrieve your license, you must pay for and participate in an alcohol education program and pay a $100 fee.

It’s important to know that 0.05% and anything in between up to 0.08% is considered a “warn” and that is grounds for license suspension. Drivers can still face legal action with a blood alcohol BAC lower than 0.08%. A 0.05% is considered a “warn” and that is grounds for license suspension.

Consequences of receiving a DUI charge

• First offense: 24 hour license suspension
• Second offense within a 10 year period: 15-day license suspension
• Third offense within a 10 year period: 30-day license suspension
• Fourth or more offense within a 10-year period: 60-day license suspension.

License suspensions are effective immediately and take place at the time the charge is served, before your hearing or trial. The charging officer will take your license and send it to the Ministry of Transportation. You will have to find a way home without driving yourself. Depending on where you are at the time, you will probably have your vehicle towed at your own expense.

Each DUI case is unique and requires careful examination and analysis of the facts by our criminal lawyer. There might be grounds to have your charges dismissed for legal or technical reasons. There may have been a violation of your rights guaranteed under the Canadian Charter of Rights & Freedoms.

As members of the Law Society of Upper Canada, we ensure a thorough investigation and defense strategy that could possibly lead to having the charges dropped or, going to trial with a not-guilty verdict or, a favourable plea bargain.

Remember, Trafficticket.legal will come to you. Our professionally licensed paralegals offer same day appointments at your location to get the documents and signatures needed to begin the process right away. Flexible weekend and evening hours.

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