A DUI charge in Ontario can come with some serious legal consequences. However, it can also come with huge implications for both your professional and personal life. This is especially true if your job is to drive for a living.
Commercial drivers are held to a stricter standard than most motorists, and any incident can affect your licence (CDL), registration (CVOR), and your job. Here, we’ll walk you through what happens when facing a DUI charge with a CDL.
Commercial Drivers Face Zero Tolerance in Ontario
For regular full-licensed drivers, “warn penalties” start at a blood alcohol concentration (BAC) of 0.05. Here, you can receive a 3-day suspension and a $250 penalty, but it doesn’t count as a criminal charge. That is, unless you test over 0.08%. Past this point, you will receive a full DUI charge.
However, commercial drivers are treated a little differently. There is a zero-tolerance rule in Ontario, meaning you have to have a BAC of 0% and have no impairing drugs in your system. Up until 0.08% this still doesn’t mean a criminal charge, but it can result in professional consequences. This applies when operating any vehicle that requires a CVOR or commercial class licence.
In practice, this means that commercial drivers must be cautious when operating these types of vehicles. While the zero-tolerance rule doesn’t apply to a driver using their personal vehicle, a regular 0.08%+ DUI charge will still have a significant impact on their employment.
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What Happens at the Roadside?
This will depend on your BAC. If it’s above 0% but below 0.08%, you will not be arrested, but administrative penalties can be imposed immediately. For a first offence, this is a 3-day suspension and a $250 fine.
If you test above the standard DUI amount, you will be arrested for driving while impaired and be subject to the standard punishments. Administrative roadside suspensions in these circumstances are usually 90 days. That can be extended to at least a year if convicted of a criminal offence.
Other administrative provincial penalties can include monetary fines, fees, educational or treatment programs and vehicle impoundment. Once the case goes to court, criminal penalties will be added to this.
These include a longer driving suspension, as mentioned earlier, and a significantly larger fine, usually starting at $1,000. If there are aggravating factors, such as injuries or repeat offences, jail time becomes considerably more likely and significant. Additionally, a permanent criminal record will be established.
How a DUI Charge with a CDL Affects Your Licence and Employment
A DUI will effectively mean you cannot do your job for at least a year, but it may be worse than that. A single serious offence can lead to a long-term suspension of commercial driving privileges. Multiple offences can make it practically impossible to continue in the industry.
Even if you get a warning penalty, this can still have severe consequences. Your employer will be inconvenienced by both you and your vehicle being off the road for three days, affecting their business operations.
Carriers will have their own policies and procedures that go beyond the law. If you’re worried, it’s best to check your contract. The reality is that even an administrative penalty can lead to termination. This can become extremely likely with a full DUI charge.
If this wasn’t difficult enough, a DUI will also affect your future job prospects. Insurance premiums will skyrocket, and employers may view you as uninsurable. Employers may be within their rights to decline to hire you on this basis
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What To Do Immediately After Being Charged
It’s essential to contact an experienced DUI lawyer straight away. DUI laws are more technical than many people think, and what seems like an open-and-shut case is not always as simple as it looks. A lawyer can review a large amount of information, including procedures, rights, results, and equipment.
For example, in some cases the charges may be reduced, such as to careless driving. If there were any issues with the stop or testing, evidence may be inadmissible. There are also programs available that can sometimes allow you to get your licence reinstated earlier.
While there is never any guarantee of a positive outcome, a DUI lawyer will work hard to explore every legal avenue available. With your career on the line, it makes sense to give yourself the best possible chance of reducing the consequences.
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FAQs
Can I lose my CDL for a DUI that happens in my personal vehicle?
Yes, a DUI that happens in your personal vehicle will prevent you from driving any vehicle. Therefore, you will lose your commercial driving privileges.
What is the legal alcohol limit for commercial drivers in Ontario?
Administrative penalties start at anything over 0% with Ontario having a zero-tolerance policy for commercial drivers. Criminal consequences begin at the same BAC for everyone, which is 0.08%.
What happens immediately at the roadside if I’m a commercial driver and register any alcohol or drugs?
If your BAC is above 0%, your license will be suspended, and the vehicle will most likely be impounded for at least 3 days. Your employer will likely be notified, which may impact your CVOR and employment. If your blood alcohol concentration is over 0.08%, you will be arrested and charged with a criminal offence.
Will a first-time DUI automatically end my trucking career?
Not automatically, but it will make it extremely difficult to continue in the industry, at least in the short and medium term. Even after all the administrative and criminal penalties, insurance costs can make it difficult to find employment.
Final Thoughts
There is no getting around the fact that a DUI or even a zero-tolerance breach can be hugely disruptive to your career. With so much on the line, it’s important to face up to the potential consequences straight away.
That involves contacting a lawyer immediately. Don’t assume a DUI charge will automatically result in the worst-case scenario. Contact AGP LLP today, and we’ll be able to look at the circumstances of your case and offer you a free consultation to see how we can help.
