Being found guilty of Impaired Driving can lead to several life impacting consequences, including a criminal record, and time in jail. The possible loss of your license may affect your ability to get to work and earn income, to manage your family’s commitments, and may result in the loss of insurance or exorbitant insurance rates. Impaired Driving is one of the most complex areas of criminal law. It is in constant flux due to changing legislation and the high number of cases tried each year.
Hurley Criminal Defence has the knowledge, expertise and experience to navigate the complexities of impaired driving related charges. We will determine your best defense. We have acted for several clients whose charges could not be proven in court and whose charges were dismissed for several different reasons. If you have been charged with impaired driving or a related offence it is critical that you ensure that you are properly represented.
What you Need to Know
- Impaired driving and driving with a blood alcohol content over .08 are criminal offences.
- If you refuse or fail to comply with a lawful police request for a breath sample, you can be charged with an offence with similar consequences to impaired driving or DUI.
- The Crown does not have to prove that you were actually driving a vehicle; the charge can be based on proof of “care and control” and “risk of danger” related to your intended use of a motor vehicle.
Minimum Sentence for First Offence in Ontario
- Minimum fine of $1000
- 1 year minimum loss of licence/driving prohibited.
- Loss of Licence may be lessened through the Ignition Interlock Program (see below).
Minimum Sentence for a Second/Subsequent Offence in Ontario
- Minimum 30 days imprisonment, and 120 days for any subsequent offence.
- 3 year minimum loss of licence/driving prohibition for a second offence within 10 years.
- Lifetime licence suspension, which may be reduced to 10 years if certain conditions are met, for a third/subsequent offence within 10 years.
- Requirement to use Ignition Interlock Device after licence is reinstated for 3 years for a second offence, and for 6 years for a third/subsequent offence.
Impaired Driving and DUI offences are extremely technical. Although police are granted special investigatory powers, they are required to follow certain rules and procedures. The police must ensure that your Charter rights are not infringed. If there are any failures in the investigation it is possible to avoid a conviction. There are many defenses to impaired driving and Hurley criminal lawyers will find your best defense. Don’t plead guilty. Call Hurley Criminal Defense for a complimentary consultation.
Ignition Interlock Program
The length of driving prohibition due to a DUI charge may be mitigated by entering into the Ignition Interlock Program. The program allows people who have been convicted of impaired driving offences to regain their driving privileges early, if they install an interlock device in their car. Through the program, a person can regain their driving privileges either after 3 or 6 months, depending on how quickly their matter was resolved.