IMPAIRED DRIVING CHARGES
Consequences of Impaired Driving In Ontario
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. This program is divided into “streams,” and which stream you may be eligible for depends on if this is a first or second driving offence.
Program Availability
This program is available for persons:
- convicted of a first or second impaired or 80 and over 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.
- 3 months minimum driver’s licence suspension
- Followed by a minimum Ignition Interlock Installation Period of 9 months
- Stream ‘A’ is only available if you plead guilty and are sentenced within 89 days of being charged with a first time offence.
- 6 months minimum driver’s licence suspension
- Followed by a minimum Ignition Interlock Installation Period of 12 months
- 9 months minimum driver’s licence suspension
- Followed by a minimum Ignition Interlock Installation Period of 18 months
- Stream ‘D’ is only available if you plead guilty and are sentenced within 89 days of being charged with a second-time offence.
Two of the requirements for all streams is 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.
The difference between Stream A and Stream B, which both concern first offences, 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 where the matter goes to trial and they lose. Stream A only applies to those who have not been convicted of an Impaired Operation/Exceed 80 mg and over or Fail to Provide a Breath Sample offence within the last ten (10) years.
For those who have been convicted of an Impaired Operation/Exceed over 80 mg or Fail to Provide a Breath Sample offence within the last ten (10) years, there is an option to pursue Stream D. Stream D requires a guilty plea and sentencing within 89 days of the charge being laid, the same as Stream A.
For second and subsequent convictions for these criminal drinking and driving offences, there are mandatory jail sentences as well.
This program offers a lot of benefits to those facing charges: the opportunity to reduce the time spent without a licence, for example. There is some concern though that it may persuade those who are innocent to falsely plead guilty to get their licence back sooner or because 89 days is not enough time to assess if they have a strong defence. Due to this tight timeframe, it is critical to retain a lawyer quickly so that you can get a clear understanding of your options in order to make a decision.
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 or second-time offender charged with impaired driving or over 80 and refuse, 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 Interlock Ignition Device instead. You MUST please guilty and be sentenced within 89 days of the charge and the appropriate arrangements must be made ahead of time to qualify.
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
First Offence
- 3 day licence suspension
- Administrative Monetary Penalty of $250 (begins January 2019)
- $275 licence reinstatement fee
Second Offence (within a 5 year period)
- 7 day licence suspension
- Administrative Monetary Penalty of $350 (begins January 2019)
- Mandatory participation in Alcohol Education Program
- $275 licence reinstatement fee
Third and Subsequent Offence
- 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, jail, 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.
Ontario has drinking and driving laws that capture drinking and driving behaviours not caught by the federal Criminal Code offences of impaired, 80 mg and over and refuse. 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 is caught with a BAC in the “warn range” of 0.05, that driver’s licence will be suspended at roadside for three days. If a driver with a prior “warn range” suspension gets caught again, that person’s driver’s licence will be suspended 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.
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 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.
Our DUI Lawyers Available to Help
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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Richard Aitken
- Law Degree: Osgoode Hall Law School
- Experience: 40+ years
- Focus: DUI defence and Domestic
- Role: Mentor to the entire legal team
Edmund Chan
- Law Degree: Osgoode Hall Law School
- Experience: 30+ years
- Focus: Broad spectrum of criminal defence
Philip Stiles
- Law Degree: Master’s Degree in Constitutional Law
- Experience: 20+ years
- Focus: Charter rights & criminal procedure
Virginia Dolinska
- Law Degree: University of Ottawa
- Experience: 8+ years
Edwin Boeve
- Law Degree: University of Toronto
- Called to the Bar in Ontario
- Experience: 20+ years
- Focus: Criminal law across Ontario
Dan Lemaire
- Law Degree: Queen's University
- Experience: 8+ years
- Focus: DUI, Sexual Assault and general criminal defence
Sudine Riley
- Law Degree: York University, Osgoode Law
- Experience: 5+ years
- Focus: DUI, Domestic Assault and general criminal defence
Roshni Gopaul
- Law Degree: Birmingham City University
- Experience: 6+ years
- Focus: General criminal defence
Channdeep Singh Nagi
- Law Degree: York University
- Experience: 6+ years
- Focus: General criminal defence
Recent DUI Cases Handled By Aitken Robertson
CASE STUDY: Charter Arguments Results in Withdrawn DUI Charges
Our client, Mr. T, was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 mg and dangerous operation of a motor vehicle following a traffic stop conducted by police. The stop occurred after police received a report from a civilian alleging aggressive driving behaviour.
CASE STUDY: Acquittal in DUI Case Due to Unlawful Detention
Our client, Ms. C, was charged with impaired operation following a motor vehicle stop initiated by police in response to a 911 call, contrary to section 320.14(1)(b) of the Criminal Code of Canada. The call did not report impaired driving, unsafe vehicle operation, or any Highway Traffic Act concerns; officers simply responded to a “suspicious vehicle” call, absent any lawful basis for detention.
CASE STUDY: Impaired Driving, Over 80 Charges in Brampton
Our client, Mr. S, had just returned home from a function when he saw police approaching him as he was exiting his vehicle. The police officers told him that they had received a call from someone claiming that he was driving impaired. Despite being extremely polite and compliant with the officers, Mr. S was forced to take an approved screening device test. Although he had only had a few drinks earlier in the evening, Mr. S failed the ASD test and was placed under arrest.
CASE STUDY: Impaired Driving, Over 80, Open Liquor
The police allegedly saw our client with an open container of alcohol in the car with him. The police claim that Mr. Q failed his Approved Screening Device Test at the time of his arrest. Having no previous criminal record, this was understandably a difficult situation for Mr. Q to find himself in.
CASE STUDY: 11(b) Stay of Proceedings
Our client, Mr. D., was charged with impaired driving and having a blood alcohol concentration equal to or over 80mg of alcohol per 100ml of blood. While he was stopped at a traffic light, the police arrived and arrested him. After a series of delays, Mr. D’s trial was set to occur nearly two years after he had been initially arrested.
CASE STUDY: 2nd Charge of Impaired Driving
Our client, Mr. F, had a previous conviction for impaired driving. He was now facing a second charge of impaired driving and was looking at a 3 year ban and 3 years of interlock plus jail time on a plea. His readings were not high, but the Crown refused to reduce any charges. Mr. F went to trial.
CASE STUDY: Impaired Driving Charges Withdrawn With No Conditions
Our client, Mr. S was involved in an accident and charged with impaired driving. When the police arrived he admitted to driving. This was very serious because it was his fourth time being charged with a drinking and driving offence.
CASE STUDY: Refusing a breath sample, Oshawa
Mr. J was charged with refusing to comply with an ASD test (the roadside screening breath test done at the point police stop a motorist) demand after making a call to police regarding another motorist’s aggressive driving.
CASE STUDY: Withdrawn Over 80 & Impaired Driving Charges in Oshawa
Ultimately, Mr. Stiles was successful in convincing the Crown that they would have no reasonable prospect of conviction if the matter were to go to trial. The charge was withdrawn entirely, and Mr. S was able to move forward without a blemish on his criminal record.
CASE STUDY: Impaired driving causing death
Although the charge was very serious, the goal remained the same – acquittal or at least very significant damage control.
CASE STUDY: Fail/Refuse to Provide Breath Sample
Our client was very happy with the outcome here. He was able to keep his driver’s licence and walk away without a criminal record.
CASE STUDY: Impaired, Speeding/Stunt Driving
Our client was very happy about the outcome of her case and very grateful for our advice in moving the matter towards trial.
Recent Client Comments About Our Help with DUIs
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