Impaired Driving Penalties

Insurance premiums see a significant increase for drivers convicted of impaired driving.

In the event of an accident, the insurance company will deny coverage for damages, asserting that the driver violated the terms of the insurance agreement by operating the vehicle while impaired. The insurance will advise you that they do not cover the insurance where there is an allegation of criminal activity with the use of the vehicle.

Many insurance providers may choose to either terminate the policy or reclassify the driver under a high-risk category or facility insurance rates, which could exceed $10,000 annually for a period of 5 to 10 years.

The cumulative cost of insurance could reach $50,000 over a five-year span. This substantial impact on insurance premiums alone provides a compelling reason to contest the charges.

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.

Mandatory penalties include:

• Back on Track course
• testing for alcoholism
• ignition interlock device in vehicle

The reinstatement fee for a suspended licence is $281.  Criminal licence suspensions stay on the Abstract/Record for 5 years.

More on licence suspensions >

Once convicted the Ministry of Transportation adds further impaired driving penalties.

To get the licence back:

• pay a reinstatement fee
• be tested for alcoholism
• complete “Back on Track program”
• install an ignition interlock device,
• have the machine inspected monthly

More information on driver licence suspensions >

** actual costs may have changed.

When charged with DUI many people realize that they cannot afford to just to plead guilty, as the costs are debilitating.

Impaired driving penalties are debilitating and have long term implications, usually affecting the ability to work and travel.

Conviction for can cost:

• ignition interlock device = $1,500
  • monthly testing @ $130/month
  • 12 months x $130 = $1,500
• Back on Track Program = $634
• licence suspension fees 2 x 281 = $562
• high risk insurance rates for 5 years
  • $10,000/year x 5 years = $50,000
• total = $54,256

Where an accused pleads guilty a DUI charge, the conviction can cost over fifty thousand dollars not including any loss of employment and the effects of having a criminal record.

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

• mandatory three (3) month jail sentence.
• lifetime license suspension.
• fine to be determined by the judge.
• judge may impose a period of probation

Any conviction for a DUI offence results in the driver receiving a criminal record for life.

If you are applying for a job, your employer may ask that you provide to them a criminal record check prior to deciding to hire you.

You can be refused entry into the United States or other countries due a criminal record. You also may be considered un-bondable and considered unsuitable for some types of jobs.

When arrested the police will photograph and take your fingerprints. These records are kept by the Royal Canadian Mounted Police with the Canadian Police Information Centre and are available for review for all police agencies.

More on effects of a criminal record >

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.

The lawyer will be able to give you an opinion about your case, and tell you:

• possible defences to the charge
• legal arguments in your case
• what you can do to help your case
• what the cost to defend the accusation would be

Where you decide to retain our services we will invite you to meet in our Toronto office or have a face to face Zoom online meeting.

In that meeting we’ll discuss the case in detail, plan your defence and arrange for the first court date.

We ask for a reasonable deposit upon retaining our services of 10 to 25 percent.