Across the Canadian criminal justice system, penalties for repeat offenders can be severe. Most people know this, which can sometimes lead to a presumption that first-time offences can come with light penalties. As you’ll see with a DUI, that is not the case.
Any type of DUI penalty can be severe, not just legally but also in how it can affect your day-to-day life. Here we’ll walk you through what those penalties are and what you can expect when facing first-time DUI penalties.
What Counts as a DUI?
You will be charged with a DUI if you are in care or control of a vehicle while being impaired by either drugs or alcohol. The legal limit for alcohol is a blood alcohol concentration (BAC) of 0.08 or more, which works out to be at least 80 mg of alcohol per 100 ml of blood. This is within two hours of driving.
Each drug has its own threshold. For example, for THC (the psychoactive component of cannabis), you can’t have over 5 ng per millilitre of blood. You will also be charged as if you failed a test if you refuse or fail to provide a breath or blood sample.
Related Article: https://www.agpllp.ca/refusing-a-breathalyzer-test-in-ontario-what-are-the-legal-consequences/
Administrative First-Time DUI Penalties
For a DUI in Ontario, you are punished under two different systems. There are administrative penalties through the Highway Traffic Act, which are given immediately. These are followed by Criminal Code punishments given by the courts if found guilty.
If you test over the legal limit, you will immediately face administrative penalties of:
- 90-day licence suspension
- 7-day vehicle impoundment
- Administrative monetary penalty
- Fees for both licence reinstatement and impoundment costs
These are separate from any criminal consequences. If you face a further driving ban, then this will run alongside the administrative ban, not on top of it. If charged, there are other administrative penalties you face.
- Completion of either a treatment or education program
- Mandatory participation in ignition interlock
- Covering the costs of the above two penalties
The program you enter will be dependent on the circumstances of your DUI. For example, you may get help for overcoming addiction through a treatment program, if that’s relevant. An ignition interlock is a device that prevents you from starting your vehicle unless you pass a breathalyzer test.
Related Article: https://www.agpllp.ca/how-to-get-a-licence-reinstated-in-ontario-after-a-dui-suspension/
Criminal Code First Time DUI Penalties
As you can already see, the penalties for a first-time DUI are severe before you even get to the criminal consequences. Here is what you can expect from the courts if found guilty:
Fine – The minimum fine for a DUI is $1,000. This will be increased if your blood alcohol is extremely high, up to $2,000. If you refuse to provide a sample, it will be an automatic $2,000 fine.
Criminal Record – You will receive a criminal record that can affect your employment and travel opportunities, among other barriers.
Imprisonment – There is a maximum of 10 years in prison for a first-time DUI. However, jail time is unlikely unless there are significant aggravating factors.
Driving prohibition – You will typically be banned from driving for one year. This will usually be followed by the ignition interlock program we mentioned above.
Added to these penalties are the consequences outside the legal framework. The most obvious of these is that you will be faced with sky-high insurance costs once you get your licence reinstated.
It can also affect your employment, especially if your vehicle is essential to either your job or commute. There is also a strong social stigma, which can affect your personal relationships and standing in the local community.
Warn Penalties in Ontario
You can face penalties in Ontario even if you blow below the legal limit. From the 0.05 to 0.079 BAC range, you can get a warning penalty. This isn’t a criminal punishment, but as the name insinuates, it’s a warning that you were near a DUI charge.
For first-time cases, this will result in a 3-day licence suspension and a $250 fine. For drivers under 22, the rules are even harsher. You can receive penalties if you have any alcohol in your system whatsoever.
FAQs
Will I go to jail for a first-time DUI in Ontario?
It is possible but unlikely. There would usually need to be aggravating factors for a jail term, such as injuries or extreme intoxication.
How long will my licence be suspended for a first DUI?
In most cases, there will be an initial 90-day suspension followed by a one-year driving prohibition order. You may be able to get back to driving a little quicker, and it’s best to speak to a lawyer to see if you are eligible for a reduction.
Will I get a criminal record for my first DUI?
Yes, but it can eventually be removed. Unless you take action, the criminal record will be permanent. However, you can apply for a record suspension after a minimum of 5 years following the completion of all sentences.
How much does a first DUI cost in total?
It’s impossible to state an exact figure, as each case is different, but it’s a lot. With just the various legal penalties alone, you’re looking at around $5,000. Added to this can be lawyer fees and other costs, such as transportation while you are banned. The highest single cost is often extra insurance premiums. When you total everything up, including long-term costs, it can be over $25,000.
Can I fight a first-time DUI charge?
You can and should fight a first-time DUI charge. An experienced DUI lawyer has many avenues to challenge a DUI. This can include incorrect procedures, rights breaches, device inaccuracy, and more. Even simple-looking cases can have errors that can be exploited with the aim of either avoiding a conviction or receiving a lesser charge.
Related Article: https://www.agpllp.ca/10-common-dui-defence-strategies-in-ontario/
Final Thoughts
The Canadian justice systems treat DUI cases with the utmost seriousness, which is reflected in the wide range of punishments. Ontario also has its own range of provincial charges that can have a serious impact on your life.
It’s for these reasons that it’s always important to fight a DUI charge. If you’re in need of legal representation, contact AGP LLP straight away. We’ll be happy to offer you a consultation to see how we can help with your DUI charge.
