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DUI Charge – How Do I Determine The Penalty?

Offence

  • Failure or Refusal to Comply with a Breath or Blood Demand;
  • Driving “Over 80”;
  • Impaired Driving

Penalty

For any one of the above-noted offences, the penalty will depend on a number of factors. These include:

  • whether it is your first offence,
  • the nature of your criminal record, if any,
  • aggravating factors (i.e.: collision, injury, high DUI readings),
  • mitigating factors and
  • the date of your offence.

Accordingly, to learn the precise type of penalty you are facing, you would need to consult one of our lawyers at Aitken Robertson. Nevertheless, generally the type of penalty you are looking at for the above offences are:

  • fines;
  • driving prohibition;
  • probation;
  • alcohol counselling;
  • other form(s) of counselling; and/or
  • imprisonment.

Keep in mind that whether the Crown chooses to proceed summarily (less serious offence) or by indictment (more serious offence) will also impact the type of penalty imposed.

Sentencing

On pleading guilty to an offence, should that be the best way to dispose of your matter, the judge will then impose a sentence to be served. Again, a number of factors are considered that inform the type of sentence imposed. These are as follows:

  • Age
  • Plea of Guilty
  • Early Plea of Guilty
  • Driving Record
  • Prior Licence Suspensions
  • Criminal Record
  • Offences since or while on Bail
  • Amount to Drink
  • Excessive Speed
  • Attempt to Evade Responsibility
  • Death or Injury
  • Employment
  • Education
  • Family Situation
  • Health
  • Injuries to Accused
  • Collateral Consequences
  • Effect on Insurance
  • Effect on Employment
  • Treatment, past or future, including therapy for alcoholism, education programs or Alcoholics Anonymous (if appropriate)

Other supporting factors to improve your chances of a better sentence include:

  • Character references should be obtained in appropriate cases to be used as witnesses or to provide letters of reference for sentencing purposes
  • Certificates of counselling completion
  • Attendance and enrolment in treatment programs (where applicable)
  • Proof of employment
  • Proof of enrolment in education

Some Examples of Types of Sentences

Conditional Sentence – Section 742.1 Criminal Code

You could be ordered to serve your sentence in the community where the sentence imposed is less than two years and the court is satisfied that it would not endanger the safety of the community and would be consistent with the fundamental principles of sentencing as set out in sections 718 to 718.2 of the Criminal Code. Most of the time, this type of sentence is imposed on first time offenders.

 Licence Prohibition Order

This will be a mandatory sentence for a person convicted of impaired driving, under the Criminal Code of Canada. The length of time will depend on various factors as well as the specific facts of your case. Generally, you are looking at 1 to 3 year driving prohibition. However, you could also receive a lifetime ban if certain preconditions apply in your case.

Again, it is important to consult with a lawyer at Aitken Robertson to get a better idea of your case. For instance, we will inform you about your ability to drive sooner than the driving prohibition imposed by the Criminal Code through the Ministry of Transportation’s Stream programs. In a nutshell, this requires that you complete a short program, pay your fines, and after a three month driving suspension following the date of conviction, begin driving with an interlock ignition lock. While this will costly you a monthly lease, at least, you will be able to drive again without waiting a prolonged period of time.

Probation

A probation order cannot exceed a three-year term. This sentence applies for cases where an offender is fined or sentenced to imprisonment for a term not exceeding two years. You are required to follow the conditions outlined in the probation order. A failure to do so is a criminal offence.

First or Second Offence?

One thing to keep in mind is that when you receive a second, third or further conviction for impaired driving, the penalties are more severe than those for a first-time offender. For example, the penalty will likely include a short period of jail time.

The Aitken Robertson Team

The lawyers at Aitken Robertson have extensive experience with impaired driving offences. The lawyers are in the position to advance your case and give it the best chance of favourable resolution. We have a number of offices servicing various jurisdictions. We also offer free 30-minute consultations. Give us a call or book an appointment to meet one of our lawyers in person and learn about how best to approach your specific matter.

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Yasmine’s patience, compassion and understanding allow her to work collaboratively and effectively with her clients. She appreciates the level of fear and confusion most people feel when confronted with the legal system. With that in mind, Yasmine puts her best foot forward to offer quality legal services.

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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
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17:30 15 Jun 18
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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
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20:22 31 Oct 18
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19:26 08 Sep 18
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