Song Criminal Defence
Frequently Asked Questions (FAQs)
Q: What is the Punishment for Drinking and Driving in Ontario?
So you've been charged with a DUI in Ontario. That means it's most likely you've been charged with either of the following:
- "Impaired Driving" contrary to s. 320.14(1)(a) of the Criminal Code of Canada.
- "Over 80" contrary to s. 320.14(1)(b) of the Criminal Code of Canada
- "Refuse or Fail to Provide a Sample" contrary to s. 320.15 of the Criminal Code of Canada
The "elements" of Impaired Driving, Over 80, or Refuse or Fail to Provide a Sample are different. However, you may be surprised to learn that the "punishments" are quite similar if not the same with a few caveats.
If someone is found guilty after a trial or pleads guilty to either Impaired Driving, Over 80, or Refuse or Fail to Provide a Sample as a "first offender", they are looking at the following "punishment":
1. Monetary Fine:
- a) BAC between 80mg of alcohol in 100mL of blood to 119mg: Minimum fine of $1000.
- b) BAC between 120mg to 159mg: Minimum fine of $1500.
- c) BAC of 160mg and up: Minimum fine of $2000.
- d) Refused or Failed to Provide Breath Test: Minimum fine of $2000.
Note that a Court will usually allow up to one year to pay the fine. If more than a year is required to pay, an Accused can apply for an extension of time to pay the fine at or near the end of that one year. There is also an associated "victim fine surcharge" that will be added to the fine at the discretion of the presiding Judge.
2. Licence Suspension:
A one year licence suspension followed by one year of driving with an interlock machine installed in any vehicle the Accused operates. There are reduced licence suspensions issued by the Ministry of Transportation and not the Court as follows:
- a) "Stream A": 3 months licence suspension followed by 9 months of "interlock" driving or "ignition interlock".
- b) "Stream B": 6 months of licence suspension followed by 12 months of ignition interlock.
- c) "Stream D": On a second offence within 10 years, if a plea is made within 90 days (or 282 days per new regulations due to COVID) from the date of their offence, 9 months licence suspension followed by 18 months of interlock driving instead of a 3 year licence suspension followed by 3 years of ignition interlock.
3. "Back on Track":
Is basically a class/course/workshop that must be completed if an Accused ever wants their driver's licence reinstated. After a conviction is registered, an Accused should wait around a week to contact Back on Track online (www.remedial.net) and register for the workshop online. At the time of registration, they will be required to pay the full amount required for the course by way of credit card. For an impaired driving, over 80, or refuse and/or fail to provide sample conviction, the cost is $634. The first part of the course is an "intake interview" that lasts an hour. The second part of the course is either an 8 hour education workshop or a 16 hour treatment workshop depending on whether or not an individual has substance abuse problems. During COVID, these workshops are being conducted by Zoom. The third part of the course is a 30 minute follow up interview held around 6 months after the completion of the workshop. If you an Accused does not complete Back on Track, they will never get their licence reinstated until they have completed the course.
4. Ignition Interlock | Early Ignition Interlock Program:
An ignition interlock machine is a breathalyzer that connects to a car's ignition. An individual will have to turn on the interlock machine, wait for it to warm up, and provide a sample. Once the machine verifies a BAC of zero, it will allow the ignition of the car to be turned on. Some machines require the user to "hum" while blowing into the machine as well. Some machines do not require "humming" and simply makes the user take a "selfie" photo through the camera on the interlock machine. During the course of driving, the interlock machine will make the driver provide a sample periodically. There are two service providers in Ontario: 1) Alcolock Canada Inc. (866-658-6374); and 2) Smart Start Canada ULC (844-432-4776)
Collateral Consequences
1. Immigration Consequences
Being convicted of Impaired Driving, Over 80, or Refuse or Fail to Provide a Sample will result in a removal order without rights to appeal being issued for an individual without immigration status, or with a VISA. A removal order will be issued upon conviction for a permanent resident but with rights to appeal this removal order. Obviously, there are no immigration consequences for a Canadian citizen.
2. Increase in Automobile Insurance Premiums
Being convicted of Impaired Driving, Over 80, or Refuse or Fail to Provide a Sample will result in a very large increase in automobile insurance premiums. To give you an idea and not to be relied upon, if you are paying a $150 per month premium, you can expect to pay well over $650 after a conviction.
3. Legal Expenses
Hiring a lawyer can be a costly endeavour. One must make sure they are hiring the right lawyer for them where the client and the lawyer have shared goals and expectations. To speak from an obviously biased point of view, hiring a lawyer to represent you is worth every penny. Hiring a lawyer to represent you on your criminal matter is not something that will happen every year like Christmas shopping or buying birthday gifts. Most clients will have to hire a criminal defence lawyer once in their life. However, the consequences are too grave and the stakes are too high to "not do this properly". Song Criminal Defence is more than happy to speak with your at no cost and with no obligation. We want to hear your story and develop a plan where we can establish shared goals and expectations relative to the facts and circumstances of your case and your life.
Still Have Questions about the Punishment for Drinking and Driving Offences and DUI in Ontario? Give us a call or email us today.