If you are arrested for DUI in Canada, the arrest will appear on both your criminal record and many local police records. Depending on which province it takes place in, an administrative license suspension could result.
Penalties for impaired driving violations include fines, jail time, mandatory license suspension and participation in the Ignition Interlock Program as well as vehicle impoundment.
Table of Contents
1. Driving While Intoxicated
Nearly every state has laws prohibiting driving while under the influence of alcohol or drugs, whether prescription or recreational. Some jurisdictions distinguish between DUI and DWI charges; DUI typically refers to cases involving alcohol impairment while DWI refers to impairment caused by prescription or recreational drugs.
Most states have set legal blood alcohol concentration (BAC) limits below which drivers can be charged with DUI; courts may also base convictions on evidence of impairment such as erratic driving behavior and slurred speech. Some states even enforce “zero tolerance” policies which permit prosecution for having any BAC at all by prosecuting underage drivers.
If convicted of DUI or impaired driving charges in Canada, penalties include both fines and jail time; your licence could also be suspended for at least one year; additionally, this conviction can have serious employment and social ramifications.
In such circumstances, consulting with well-spoken and respected DUI lawyers іs crucial tо navigate the legal process and protect your rights.
2. Driving Under the Influence
Driving under the influence of alcohol or drugs is a federal crime that can occur anywhere across Canada. Police may charge individuals if they fail a field sobriety test or demonstrate visible signs of impairment such as bloodshot eyes or unsteady movements despite having legal blood alcohol concentration levels below 80 mg/100 ml.
Impaired driving is a criminal offence with life-changing repercussions if found guilty, including potentially life-altering jail terms if conviction occurs. Legally, “impaired driving” is considered the correct term while its popular acronym, DUI (drunken driving), is more frequently used.
An arrest for impaired driving carries with it the potential of a mandatory Canada-wide driving prohibition of at least one year for individuals without prior criminal histories. Furthermore, provincial insurance law holds individuals convicted to account for third party losses (lost wages, pain and suffering etc), an obligation which could run into thousands.
3. Driving With a Blood Alcohol Concentration (BAC) of Over 80 mg/100 ml
Nearly every jurisdiction in Canada makes it illegal for people who are impaired, either through alcohol or drugs, to operate vehicles while under the influence. If found guilty, this offense carries with it criminal charges which could include fines or even jail time.
Most states set a legal blood alcohol concentration (BAC) limit of.08%, though some have lower limits. If your BAC exceeds that level, DUI charges could follow; prosecution could argue that you were impaired and presented a threat to other drivers on public roads.
Some states also enact zero-tolerance laws which prohibit minors from driving with any BAC level at all, and require those convicted of drunk driving to install an ignition interlock device – an breathalyzer installed into their car which requires them to take a breathalyzer test every time they start it up – before their car will start again. You could also face criminal charges for failing to provide a sample when requested by law enforcement officials.
4. Driving Without a License
Most states have laws that penalize drivers who drive while under the influence of alcohol or drugs to an unsafe degree, usually including fines and/or jail time as possible penalties.
Conviction for DUI-related charges will remain on an individual’s record for years and can significantly restrict employment opportunities as well as lead to higher insurance premiums.
Individuals charged with DUI or DWI should consult legal professionals familiar with the language and legal landscape in their jurisdiction to help build a solid defense. In Canada, first-offense DUI convictions carry a maximum jail sentence of 30 days; three year driving bans (excluding Alberta) typically follow as well. A DUI/DWI conviction will have lasting repercussions that could negatively impact employment opportunities or volunteer positions as well as your immigration status.
