Impaired driving, impaired, driving, charge, lawyer, drinking and driving, DUI, driving under the influence, drunk driving, criminal lawyer

Typical penalties in Ontario - assuming no injury, accident driving on a 400 series highway, very high breath readings, or very bad driving are as follows:

First Offence: $800.00 - $1000.00 fine plus a 15% Victims of Crime Surcharge, and a one year driving prohibition/suspension;

Second Offence: 14-30 days in jail, and a three year driving prohibition/suspension;

Third Offence: 90-120 days in jail, and a lifetime driving ban with only the possibility of regaining your licence after ten years.

The date of prior conviction(s) will determine whether the Crown Attorney will attempt to prove them as a second or subsequent offence. Convictions prior to 1993 are somewhat less onerous than more recent ones.

Insurance Costs: A conviction will result in greatly increased insurance premiums. You may wish to contact your own insurance company (anonymously, of course) to determine how much more your car insurance would be.

If there was an accident, and you are convicted of a drinking and driving related offence, your insurance company will not pay for the collision damage to your own vehicle. If you are acquitted, there may be insurance coverage available. However, you would have to file a legal claim with your insurance company within twelve months of the accident.

GETTING YOUR LICENCE BACK IN ONTARIO:

Convicted of a Drinking and Driving Related Offence?

These related offences may include any of the following:
- Impaired Driving/Care and Control
- Operate Motor Vehicle/Care and Control with Blood Alcohol content over .08%
- Failing/Refusing to Provide Breath/Blood Sample
- Dangerous Driving/Fail to Remain

Please be aware that all individuals CONVICTED of a Drinking and Driving Related Offence MUST complete Ontario's Remedial Measures Program for Impaired Drivers ("Back On Track") BEFORE your licence will be re-instated. The cost for this program is currently $475.00 + GST.

The Back on Track Program consists of 3 components:

1) Assessment
2) Education/Treatment Program
3) 6 Month Follow-up Interview - (6 months following completion of education/Treatment program)

You MUST complete ALL 3 COMPONENTS BEFORE your licence will be re-instated. You should allow approximately 11 months to complete all 3 components. If you ultimately are convicted, register as soon as possible to ensure you get your licence back on time!

To obtain a registration package, or for further information, please call 1-888-814-5831 or visit www.camh.net (click here)

Depending on the type or class of licence that you had, you may have to requalify for that particular licence.

To view the Ministry of Transportation website, please click here.

Ignition Interlock Device: You will have to rent an Ignition Interlock device for a period of at least one year following re-instatement of your licence. If your conviction is a second or third offence, you may have to use the Interlock device for at least three years and perhaps for life. This device requires that you provide a breath sample, and if there is any alcohol on your breath, the vehicle will not start. The current cost of the device is approximately $1,350.00 per year including installation. Keep in mind that the device has an electronic memory. Do not as a gag blow into it as it will keep track of these failed attempts. The government could then suspend or restrict your license even further if they believe there is a risk of continuing drinking and driving.

If you operate more than one vehicle you will need a device for each vehicle. If you are a professional driver, your employer's vehicle also needs to have an Interlock device.

Travel: A drinking and driving conviction results in a criminal record. However, it could prevent you from traveling internationally, given the recent increased boarder security.

> Still More Defences
> Possible Penalties