Impaired Driving Penalties
Impaired Driving Penalties – Upon Arrest
The penalties for impaired driving includes the immediate licence suspensions and vehicle impounds, including:
- 7 day vehicle seizure: The vehicle is seized and towed away by police. The owner is responsible for all costs for towing and storage for 7 days.
- 90 day licence suspension: Drivers are prohibited from driving any type of motor vehicle on roads within Ontario for 90 days. After the 90 days have past the driver may apply to have the licence reinstated.
- No collision coverage in accidents: Where an accident has occurred and the driver has been arrested for drinking and driving the insurance will not pay collision insurance.
The insurance will quote that the driver violated the policy, which states they will not commit criminal acts while in control of the vehicle.
Further penalties include the cost of towing, storage of the vehicle for 7 days, and a license reinstatement fee.
Impaired Driving Penalties – Upon Conviction
Where a driver is convicted and found guilty of impaired driving or DUI, the accused is liable for the following penalties:
- Fines: First time offenders upon conviction usually receive a fine in the area of $1000 which can be increased depending upon the circumstances of the case.
- Criminal Records: Persons convicted of criminal charges are considered criminals and receive a Criminal record for life
- Jail: Depending upon the circumstances the accused maybe send to jail. Second offences, there is a minimum 30 days of imprisonment, and for third and subsequent offenses, the minimum jail time is 120 days.
- Licence Suspensions: Drivers receive a one-year licence suspension the first time they are convicted of a DUI charge. Second offence, the drivers licence will be prohibited for three years. Third offence a lifetime prohibition with the possibility of reinstatement after 10 years. Fourth time offenders convicted of are prohibited from driving for life with no possibility of reinstatement.
- Mandatory Alcohol Testing: Persons convicted of alcohol or other drug-related crimes can be required to participate in treatment for their substance abuse problems
- Mandatory Interlock Device: To continue driving after your licence is reinstated, you must have an ignition interlock device installed inside your vehicle. The device is an in-car alcohol breath screening device with the ability to prevent the engine from starting if it detects alcohol in your system.
- Mandatory Back on Track program: the Highway Traffic Act requires convicted impaired drivers or drivers with 2 or more administrative suspensions to successfully complete Back on Track, Ontario’s Remedial Measures Program, before their licences can be reinstated. Participants must pay a fee of $894
As well as these penalties, the accused is responsible for all costs for reinstatement fees, interlock devices, testing, and the Back on Track program.
Impaired Driving Penalties: Insurance Rates
Drivers convicted of impaired driving can expect a significant spike in their insurance premiums, as impaired driving penalties often result in hefty financial consequences.
Accidents
If you’re involved in an accident while impaired, your insurance provider may refuse to cover the damages, citing your violation of their terms by driving under the influence. This refusal to provide coverage falls within the realm of impaired driving penalties, which extend beyond legal repercussions to affect various aspects of one’s life, including insurance rates.
Illegal activity
Your insurance company might inform you that they won’t cover any claims if illegal activity, such as impaired driving, is involved. This denial of coverage underscores the broader implications of impaired driving penalties on insurance policies.
In response to such violations, some insurers may opt to cancel your policy or designate you as a high-risk driver, resulting in substantially higher insurance rates, sometimes exceeding $10,000 annually for 5 to 10 years. These elevated rates represent another facet of impaired driving penalties, emphasizing the enduring financial impact that accompanies such convictions.
This could mean paying over $50,000 in insurance premiums over a five-year period. The substantial impact on insurance costs alone serves as a strong incentive to contest the charges, highlighting the necessity of understanding and mitigating the consequences of impaired driving penalties.
Impaired Driving Penalties: Suspensions
Once arrested, impaired driving has mandatory drivers licence suspensions including;
- ninety (90) day licence suspension
- seven (7) day seizure of vehicle
- one year licence prohibition upon conviction
- cannot drive anything that is:
- pushed, pulled or driven,
- including boats and
- machinery and
- construction equipment
Once arrested the driver cannot operate anything that is pushed, pulled or driven by any type of engine, anywhere in Canada.
This includes using construction machinery or farm equipment.
Fighting Impaired Driving
After hearing what happened, the next question usually is, ‘what’s my chances of winning?’
As seasoned DUI Lawyers, we understand the concern. When it comes to fighting drinking and driving charges, it’s natural to wonder about your chance of winning and having the charges dropped.
The truth is, these cases present significant challenges for the police, with numerous legal intricacies and potential issues to consider. A judge must find you guilty “beyond a reasonable doubt“, without legal errors, mistakes or violations of your rights under Canadian law. Simple mistakes can cause a case to collapse, and sometimes people are just not guilty of what the police are alleging.
If you don’t fight, the consequences are certain. You’ll loss your driver’s license and receive a criminal record for life. That’s why taking action and seeking legal defense is crucial—it’s your best chance to avoid these severe penalties and protect your future.”
Charitsis Law stands out, not just for our stellar reviews across many platforms but more crucially, for our consistent 20 year plus track record of legal wins throughout the Toronto and GTA courts. Read more about impaired driving defences >>>
Call us today, speak to one of our DUI lawyers to learn how we’re going to win your case. Call 416-731-7113.
My DUI charge was dropped to a Careless Driving ticket. It was my first experience being involved with the law, Vadim was very informative and helpful throughout the entire process. I am extremely satisfied with the outcome, I highly recommend Charitsis Law. Professional and caring service!
Additional Licence Penalties
Mandatory additional DUI and impaired driving include:
“Back on Track” Course: This educational course is designed to raise awareness and impart crucial knowledge about safe and responsible driving.
Alcoholism Testing: Individuals will be subjected to tests that assess potential alcohol dependence. This is a measure to ensure that individuals understand the risks associated with alcohol consumption and driving.
Installation of an ignition interlock device: This device will be installed in your vehicle and will require the driver to provide a breath sample before the vehicle can be started. It is a preventative measure to ensure that the driver is not under the influence of alcohol while operating the vehicle.
Where your licence has been suspended, there is a reinstatement fee of $281.
It’s essential to note that criminal licence suspensions are reflected on the Abstract/Record for a duration of 5 years or more. This means that any criminal driving charges can impact your driving record and associated privileges for an extended period.
Getting your Drivers Licence Back
Upon conviction, the Ministry of Transportation imposes additional hurdles for those convicted impaired driving offences.
In order to regain your driving privileges, several steps must be undertaken:
Reinstatement Fee: A specific fee must be settled to initiate the process of reinstating your licence.
Alcoholism Testing: Before you can drive again, you will be subjected to tests to determine potential alcohol dependence, ensuring that you recognize the dangers associated with intoxicated driving.
Completion of the “Back on Track Program”: The Back on Track program is designed to educate and rehabilitate those convicted of impaired driving. Completion is mandatory to ensure the individual’s understanding and commitment to safer driving practices in the future.
Installation of an Ignition Interlock Device: The ignition interlock device device must be fixed in your vehicle. It prevents the car from starting until a satisfactory breath sample, indicating no alcohol consumption, is provided.
Monthly Inspections: The installed ignition interlock device requires regular monthly checks to ensure its proper functioning and adherence to regulations.
For a more comprehensive understanding of driver licence suspensions >
Financial Penalties of Impaired Driving
When faced with a DUI charge, many individuals quickly recognize the severe financial implications of simply pleading guilty. The repercussions of a DUI conviction are not only immediate but can also resonate for years, impacting one’s employment and freedom to travel.
Here’s a breakdown of potential costs associated with a DUI conviction:
Ignition Interlock Device: This mandatory device requires a breath sample before the car can be started and costs approximately $1,500.
Monthly Testing: At a rate of $130 per month, over a year, this accumulates to $1,560.
Back on Track Program: This educational initiative to rehabilitate and inform those convicted of DUI comes with a fee of $634.
Collisions & Accidents: Where the driver has been arrested for impaired driving or any DUI charge, the insurance will refuse to repair the vehicle
Licence Suspension Reinstatement: Reinstating a suspended license costs $281, and given it might happen twice in the process, the total becomes $562.
High-Risk Insurance Rates: Once convicted, your insurance premium can skyrocket. With an estimated increase of $10,000 annually, over five years, this can sum up to a whopping $50,000.
In total, the direct financial costs can rise to $54,256.
It’s crucial to not underscore the magnitude of this: a guilty plea to a DUI charge can lead to costs surpassing fifty thousand dollars. This doesn’t even factor in potential job losses, vehicle damages or the lifelong challenges posed by a criminal record
Impaired Driving: Second convictions
Where convicted of a second impaired charge the accused is subject to the following increased penalties:
- thirty day jail sentence
- 3 year license suspension
- fine to be determined by the judge
- judge may impose a period of probation
Impaired Driving: Third Conviction
- mandatory three (3) month jail sentence.
- lifetime license suspension.
- fine to be determined by the judge.
- judge may impose a period of probation
Impaired Driving: Criminal Records
A DUI’s and any drinking and driving conviction permanently marks an individual with a criminal record.
When seeking employment, potential employers might request a criminal record check before making a hiring decision. This record can affect your employability.
Possessing a criminal record can lead to denial of entry and being stopped at the border into countries like the United States. Additionally, it might render you as un-bondable, limiting opportunities in specific job sectors.
Upon arrest, law enforcement will photograph and fingerprint you. The Royal Canadian Mounted Police maintains these records at the Canadian Police Information Centre, making them accessible to all police agencies for review. More on effects of a criminal record >
Retaining Charitsis Law to Defend You
During that phone call the lawyer will:
- listen to your case
- answer any questions you have
- review the documents the police gave you
- Please send any documents for review
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Want legal advice or like to speak to a lawyer? The first step is to give us a call at 416-731-7113.
There is no fee or obligation to call and speak to us. The discussion is held with complete privacy and confidence with the lawyer.
FAQS for Impaired Driving Penalties
Q. What are the penalties for impaired driving in Ontario?
A. Impaired driving penalties in Ontario can include a criminal conviction, fines, a driving prohibition, a licence suspension, and increased insurance costs. The exact outcome depends on the charge (impaired operation, over 80, refusal) and your prior record, but the courts treat these offences as serious from the start.
Q. Will an impaired driving conviction affect my licence in Ontario?
A. Yes. A conviction for impaired driving can lead to a driving prohibition under the Criminal Code and a separate licence suspension under Ontario rules, which can affect how soon you can legally drive again and what reinstatement steps may apply.
Q. How long does impaired driving stay on your record in Ontario?
A. An impaired driving conviction is a criminal record entry. That can impact employment checks, travel, and insurance, and it may remain visible for a long time depending on your situation and any future record-suspension eligibility.
Q. Can I go to jail for impaired driving in Ontario?
A. Jail is possible in some impaired driving cases, especially where there are prior convictions, aggravating factors, or more serious allegations. Many cases, however, are defended by carefully reviewing the evidence and the legality of the police investigation and testing.
Q. What’s the difference between “impaired driving,” “over 80,” and “refusal”?
A. These are different types of Criminal Code allegations. “Impaired driving” focuses on impairment, “over 80” relates to alcohol concentration allegations, and “refusal” involves failing to comply with a lawful demand. The potential penalties can be significant for all three, and the defence approach depends on the specific charge and evidence.
Q. Do impaired driving penalties affect insurance in Ontario?
A. Yes. An impaired driving conviction can dramatically increase premiums and may limit coverage options. Even being charged can create stress and uncertainty, which is why many people speak with experienced DUI lawyers early to understand what they’re facing and how the case can be defended.
Q. How do DUI lawyers defend impaired driving charges in Ontario?
A. A strong defence often starts with a detailed review of disclosure, the police grounds for the stop and demand, the timing and procedure of testing, and whether your Charter rights were respected. DUI lawyers also look for gaps or inconsistencies that may create reasonable doubt.
Q. When should I call a DUI lawyer after an impaired driving charge in Ontario?
A. As early as possible. The sooner you speak to an experienced DUI lawyer, the sooner you can understand the penalties you may face, what steps to take next, and how your defence can be built based on the evidence in your case.
