Introduction
DUI or Impaired Driving Charges in Toronto are some of the most commonly laid charges under the Criminal Code of Canada. There are a range of legal and quasi-legal consequences that arise from a DUI Charge, starting at the point of an arrest, all the way through to post-conviction consequences. In this article, I will break down what the most significant consequences are for DUI Charges in three separate situations:
- The Arrest and Charge Stage
- The Conviction (or Punishment) Stage
- The post-Conviction Stage
Each have important and unique consequences to understand.
Consequences of a DUI after an Arrest and Charge
An arrest occurs where the police have formed reasonable and probable grounds that an individual has committed a DUI or Impaired Driving offence. An arrest is effected by the police seizing control of an individual’s liberty, and usually placing them in hand-cuffs and lodging them into the back of the police squad car.
An individual’s liberty will be restricted until the police complete the DUI investigation, which typically ends at some point after they have obtained two valid breathalyzer samples.
Depending on how the investigation pans out, the police will charge the individual with one of the following DUI charges under the Criminal Code of Canada:
- Impaired Driving
- 80 Plus
- Refusing a Breath Sample
The individual will be advised of the precise charge(s) s/he is facing, and those charges would also be noted either on their release paperwork (typically an Undertaking to a Peace Officer for a first time offender). Once a Impaired Driving Charge is laid, two significant consequences are triggered:
- an impoundment of the vehicle that was being driving for 7 days
- a 90 day provincial driving suspension
The individual would have to pay the costs for their vehicle being impounded, as well as towing fees to the impound lot. Additionally, to have their licence re-instated with the Ministry of Transportation, an administrative fee would be due after the 90 day suspension is expired.
The Conviction and Punishment Phase
If you are convicted of a DUI or Impaired Driving Charge, then the first crucial consequence is that you will face a criminal conviction, given that there is a minimum fine associated with these charges, and a fine (as a criminal sentence) entails a conviction. The punishment you will face will be determined by a number of factors, including whether it is your first DUI conviction (first-time offender) or whether you have a prior DUI record.
First Time Offenders
Sections 320.19(1) and 320.24 of the Criminal Code of Canada set out the punishments for Impaired driving for first time and repeat offenders. First time offenders for the offences of Impaired Driving and 80 Plus face a minimum $1,000 fine, and a 12 month driving prohibition. If you have been convicted for a Refuse Breath Sample charge, then the minimum fine increases to $2,000, along with a 12 month driving prohibition (at a minimum).
One a first offence, there is also a 12 month provincial driving suspension that is automatic and cannot be avoided.
Repeat Offenders
If you are a second time offender, there is a minimum 30 day jail sentence applicable and a two year driving prohibition. For repeat offenders beyond a second time, there is a minimum 120 day jail sentence and a three year driving prohibition applicable.
Note that, on a second offence, the province of Ontario will suspend your licence for a period of 3 years, and therefore you may be restricted from driving above and beyond the prohibition ordered by the Criminal Court.
The Post-Conviction Phase
This is where individuals begin to face consequences they did not plan for, or were not told were possible! In no particular order, the following is a list of consequences that you can expect to occur following a conviction for a DUI Charge (not including the penalty delivered by the Sentencing Judge).
Ignition Interlock
The Ministry of Transportation in Ontario plays an important role in the post-conviction consequences for a DUI Charge. One of their requirements is that for Alcohol Impaired Driving offenders, an Ignition Interlock device will be required for a period of time if the person wishes to get their licence back as expeditiously as possible.
An Ignition Interlock device is a device that an offender would install in their vehicle through an authorized service provider, and would be required to blow into it before their car turns on (as well as periodically while driving). The purpose of the device is to screen whether there is alcohol in the driver’s system.
There are costs associated with the installation, calibration and maintenance of this device on a monthly basis, and the average time that an offender will be required to equip their vehicle with the device is 12 months.
Insurance Consequences
A conviction for Impaired Driving in Toronto can spell disaster for your insurance rates, even if, up until the point in time of your conviction, you had a clean record. Certain providers may terminate your policy altogether.
Certain factors, including your driving record, the class of your licence and where you live, will impact how significantly your insurance is impacted from your Impaired Driving conviction.
In Ontario, a provincial licence suspension remains on one’s MTO abstract for 6 years, and it is possible that your rates might be impacted for that entire period of time.
Remedial Program Requirements
After a DUI conviction in Ontario, individuals will be required to complete certain remedial programming, particularly the Back on Track program – an educational program that started in 1998 designed to separate drinking and drug use from driving. Participants will have to pay to complete the program (yet another financial consequence for drinking and driving). The program can take up to 11 months to complete.
Deportation Proceedings for Non-citizens
If you are in the unfortunate situation of not being a citizen of Canada and facing an Impaired Driving charge, the stakes are higher and extend well beyond potential monetary loss. In fact, Permanent Residents and Foreign Nationals are at significant risk of being deported, based on provisions of the Criminal Code of Canada in conjunction with the Immigration and Refugee Protection Act. A good summary of the issue can be found in an article that I wrote, published on The Lawyer’s Daily website.
Conclusion
I have provided you with some of the key consequences that a DUI conviction can have. While the list is not exhaustive, these factors demonstrate the seriousness with which the Government and Courts treat Impaired Driving charges.