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Charged with DUI in Ontario? Fight The Charges.
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Losing your licence because of an impaired driving conviction due to alcohol and/or drugs (including cannabis) can have a massively detrimental effect on your life, especially if you rely on driving to get to work or if you live in a rural area.

The Ontario Highway Traffic Act (HTA) creates punishments that are in addition to the Criminal Code fines and periods of imprisonment for impaired driving offences, including licence suspensions between 1 year for a first offence to a lifetime for a third offence. In addition to being subject to the suspensions, these drivers have to complete a remedial measures assessment and education or treatment program (for approximately 10 months), and also have to install an Ignition Interlock Device on their vehicles for between 1 year for a first offence to lifetime for a third offence (if the suspension period is reduced to 10 years). The Ignition Interlock Device is a leased breath alcohol monitoring machine wired into your vehicle’s ignition.

Possible Early Reinstatement of a Suspended Licence

If you meet certain conditions, The Highway Traffic Act allows for early reinstatement of a suspended licence with the installation of the Ignition Interlock Device. There are 2 “streams” to this program.

Program Availability

This program is available for persons:

  • convicted of a first impaired or over 80 driving or refuse breath sample offence,
  • that did not cause bodily harm or death, and
  • did not involve drug impairment.

Program Eligiblity

In order to be eligible, you must:

  • have a car;
  • have valid insurance;
  • not be under another suspension (such as for dangerous driving or a novice driver disqualification); and
  • have your fines fully paid.

Two of the requirements for both streams are to successfully complete the assessment component of the required remedial measures program and to establish proof of a lease agreement for an approved Ignition Interlock Device. Note that before the new law, the overall impact was 12 months of no driving plus 12 months of Interlock. Now it could be as low as 3 months of no driving plus 9 months of Interlock.

The difference between the two streams is that Stream A applies to those who plead guilty and are sentenced within 89 days of being charged. Stream B applies to those who plead guilty and are sentenced later or who lose at trial. Stream A only applies to those who have not been convicted of an Impaired Operation/Exceed 80mgs or Fail to Provide Breath Sample offence within the last ten (10) years.

There is much that is good about this new law, however a big concern is that innocent people, for example, those in rural areas, who depend on driving to get to work, buy groceries etc., will plead guilty, just to get their licences back sooner, or because 89 days often is not enough time to be able to assess whether a defence is available. Due to this tight time frame, it becomes critically important to retain a lawyer quickly and then make a decision when informed of all your options.

First Time Offence Penalties

The New Ontario Impaired Driving Penalties For A First Offence

  • 90 day licence suspension
  • 7 day vehicle impoundment
  • A fine of $550.00 (starting January 2019)
  • $275 licence reinstatement fee
  • Up to a maximum of 10 years in jail
  • Where bodily harm is caused the maximum can be up to 14 years
  • Where death is caused the maximum can be life imprisonment
  • Second offence minimum of 30 days in jail
  • Third offence minimum of 120 days in jail

Additional Other Consequences if Convicted

  • licence suspension of at least 1 year (for first offence)
  • The installation of the Ignition Interlock Device for at least 6 months and a lifetime, depending on the number of prior convictions and the date of each sentencing
  • Being required to attend the Ministry of Transportation “Back on Track” assessment or the assessment and the Educational or Treatment Programs
  • Massive insurance increases
  • A criminal record which may limit your employment prospects
  • Your ability to travel internationally could be affected
  • Your automobile could be seized and sold by the police
  • Possible immigration-citizenship consequences

 

 

 

Ignition Interlock Program

If you are a first-time offender charged with impaired driving or over 80, and there are no drugs involved or no aggravating circumstances, you may be eligible to get a licence suspension of less than one year allowing you to drive with the Ignition Interlock device instead. You MUST plead guilty and be sentenced within 89 days of being charged and the appropriate arrangements must be made ahead of time to qualify for this new program.

Ignition Interlock device licence conditions also apply if you are caught driving with a ‘Warn Range’ 0.05 to 0.079 BAC three or more times.

Consequences of Being Caught Driving with a ‘Warn Range’ 0.05 to 0.079 BAC

  • 3 day licence suspension
  • Administrative Monetary Penalty of $250 (begins January 2019)
  • $275 licence reinstatement fee
  • 7 day licence suspension
  • Administrative Monetary Penalty of $350 (begins January 2019)
  • Mandatory participation in Alcohol Education Program
  • $275 licence reinstatement fee
  • 30 day licence suspension (3 day suspension for commercial drivers)
  • Administrative Monetary Penalty of $350 (starting January 2019)
  • Mandatory participation in Alcohol Education Program
  • At least 6 month Ignition Interlock licence condition
  • Mandatory medical evaluation
  • $275 licence reinstatement fee

Other Ontario Impaired Driving Penalties

Further fines, probation, weapons prohibitions, DNA orders, increased insurance and many other penalties are possible in addition to the basic fines and driver’s licence suspensions. The sooner we act the more we control the damage.

The consequences of driving impaired in Ontario are very serious. As well, Ontario’s drinking and driving laws are becoming progressively stricter. For example, in Ontario, a fully licenced driver will receive an immediate roadside licence suspension of three, seven or 30 days if he or she refuses to submit to a breath test or if during the breath test a Blood Alcohol Concentration (BAC) of 0.05 or more is recorded.

Drivers under the age of 21 years and novice drivers, who are not fully licenced, are allowed no alcohol whatsoever in their systems. If caught with any alcohol in their blood, these drivers would get an immediate 24-hour roadside licence suspension and then if convicted, the fully licenced driver who is 21 or under could receive a fine of up to $500 and a 30 day licence suspension. In addition to fines and potential jail time, a novice driver with an impaired driving conviction would also have his or her licence suspended and be required to return to the start of the Graduated Licence System.

The Province of Ontario has instituted automatic roadside licence suspensions that immediately remove suspected impaired drivers from the roads. Immediate roadside suspensions are also intended to act as a deterrent, in the hope that they will discourage drivers who have been caught drinking and driving from ever re-offending again. If a driver with a prior licence suspension should get caught again with a BAC in the ‘warn range’, i.e., a BAC of 0.05 to 0.079, the police can immediately suspend the impaired driver’s licence for seven days. For a third or subsequent occurrence of being caught driving with a BAC in the warn range, the offending driver’s licence will be immediately suspended for 30 days.

The Ministry of Transportation of Ontario does not recognize pardons. Therefore, despite having received a pardon for a previous drinking and driving offence, you will receive the same driving suspension as if you had not received a pardon. This can result in devastating consequences.

Also, if you have a conviction from certain States in the United States, such as Michigan or New York, in certain circumstances it may count as a “prior” in Canada.

An experienced lawyer can assist you in navigating through these rough waters. Often, simply timing when the accused finishes his/her file, can have a significant beneficial impact in reducing the length of driving suspensions.

What Some Of Our DUI Clients Say About Us

A family member was charged with impaired driving in May 2018.  We found Aitken Robinson to be very knowledgeable.  They…read more

"I was charged with over 80 and Impaired driving in Toronto for the first time. Me being a Truck Driver,…read more

"I  was charged with over 80 in December last year in Ajax. I hired Richard Aitken in Aitken Robertson. I…read more

"I work as a brick layer and my truck is important to my line of work.  I was charged with…read more

"I was charged with impaired boating. If I lost, Crown was asking for 4 months in jail and a lifetime…read more

"I was charged with blood alcohol over 0.8 in Oshawa, Ontario. It is the first that I have been charged…read more

"I was charged with over 80 in Pickering, Ontario and the matter was brought up in Oshawa Court. Richard Aitken…read more

“I was charged with Over 80 this year. I was concerned about a criminal record, losing driver’s licence and job,…read more

“The knowledge and preparedness that Aitken Robertson demonstrated throughout the handling of my legal proceedings were exceptional. They matched my…read more

“I was facing four separate charges: Over 80mgs, Impaired, Dangerous Driving, and Failure to Remain. As a result of the…read more

“An unfortunate incident happened to me towards the end of 2013. I had a car accident that the police became…read more

How We Can Help You

At Aitken Robertson, our team approach gives you an opportunity to meet with our various lawyers to fully discuss the facts of your case. While no lawyer can promise a particular result, we will often be able to give you an initial, honest impression of your case and explain to you the approach that we will take in defending you. If you hire Aitken Robertson we will work with a variety of experts to evaluate the merits of your case.

Aitken Robertson is experienced in assessing the complicated interplay between the Criminal Code and the Highway Traffic Act to avoid the unexpected and unwanted results that await the misinformed.

Contact us today and get started with a free consultation. We have offices throughout Ontario where we can provide you with assistance.

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Some of Our Google Reviews

I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move on.read more
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be learned.read more
Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
S F
17:16 07 Jun 18
Mr. Marchand is an amazing lawyer. He is very personable and professional. My case was a very long and drawn out case, but Mr. Marchand always kept up with everything and I was always well informed. I really appreciated that he would take the time to fully explain his thought process/strategy and was never condescending. Even though this was a stressful time, Mr. Marchand made it a great experience and took care of everything.read more
Rochelle Jenifer
17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time again.read more
TAYLOR STEVENS
19:28 26 Jun 18
When my daughter's boyfriend had a problem I looked up Jordan Tekenos-Levy. Jordan did an amazing job defending this young man. He showed compassion and care in a very sensitive issue. Jordan is a great lawyer, he fights hard for his clients and ensures their loved ones are kept in the loop during the entire process. He is honest and doesn't sugar coat the situation. I would highly recommend his services. We owe him a huge debt of gratitude and I wish him all the best in the future.read more
Laurene Smith
02:58 16 Nov 18
I was falsely accused of a crime and I sought out representation. I did not know exactly where to go, I was in a panic as I've never seriously run afoul with law enforcement. Mr. Nathan Baker and his staff were assigned to my case, and I am thankful that they were. Knowing I was innocent I still was worried about how everything was going to play out as I wondered 'how could this even be happening'. Mr Baker and his staff helped walk me through the court process that was completely unfamiliar to me, besides what Id seen on television. It was a two year process, and every step of the way all my questions and inquisitions were answered and put at ease. I give this Firm my full endorsement, they believed in me, supported my case and followed through on every detail pertaining to it, and defended me to a correct Not Guilty verdict. For that I will be forever grateful. I've never had the need for an attorney to represent me before the false accusation, and I hope I never need it again. But if I do, I'd want this firm to represent me.read more
Zak Piva
03:06 28 Oct 18
I would like to thank the lawyers at Aitken Robertson especially Philip Stiles and Lavina Inbar for helping me thru this most difficult time.Everyone i was in contact with were very polite and professional.Being a very high stress time of my life i could not have been happier to hear a "Not Guilty " verdict.I will always recommend Aitken Robertson to anyone i hear of needing a good lawyer.Thank you all very muchMauriceread more
Maurice Flight
20:22 31 Oct 18
Justin provided thorough and caring representation for my friend who had a court proceedings. I would recommend Justin and the Aitken Robertson team to anyone in a similar situation. Thanks!
Rexy H
19:26 08 Sep 18
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