ARRESTED FOR DUI IN GUELPH?
Getting charged with a DUI in Guelph can be overwhelming — but an experienced DUI lawyer can make a major difference in the outcome. DUI charges in Guelph are prosecuted under the Criminal Code of Canada, which applies across the country. However, knowing how these charges are handled locally in Guelph courts is key to a proper defence.
DUI CHARGES YOU MAY FACE IN GUELPH
DUI-related offences in Guelph include:
Over 80 mg (BAC): If your blood alcohol level is measured at 80 milligrams or more per 100 millilitres of blood, you may be charged, even if you seem sober.
Impaired Operation: You can be charged if there’s any evidence your ability to operate a vehicle was impaired by alcohol or drugs, even without a breath test.
Refusing or Failing to Comply with Breath Testing: If you don’t provide a proper breath sample when required, you may be charged with refusal.
Care or Control While Impaired: You can be charged even if the vehicle isn’t moving — simply being in the driver’s seat with signs of impairment can lead to legal action.
GUELPH DUI COURT PROCESS – WHAT TO EXPECT
If you’re released after your arrest, you’ll likely be required to:
Attend fingerprinting and identification processing
Appear for a first court date at the Ontario Court of Justice in Guelph
Many early-stage court appearances — especially for case management — may take place remotely through Zoom, depending on the court’s scheduling system.
DUI PENALTIES IN GUELPH
Convictions for impaired driving come with serious, long-lasting consequences. Depending on your prior record, penalties can include:
First Offence:
Over 80 / Impaired: $1,000 minimum fine + 12-month license suspension
Refusal to Provide Sample: $2,000 minimum fine + 12-month prohibition
Second Offence:
Minimum 30 days in jail + 2-year driving prohibition
Third or More:
At least 120 days in jail + 3-year license suspension
All fines include a mandatory 30% Victim Fine Surcharge.
Other Consequences Include:
Criminal record that stays with you for life
Higher (or cancelled) insurance
Problems with employment or international travel
Ignition interlock program
Mandatory enrollment in Ontario’s Back on Track education/remedial program
“CARE OR CONTROL” CHARGES IN GUELPH
You don’t have to be driving to get a DUI in Guelph. Just sitting in your car while impaired — especially in the driver’s seat — may lead to charges under “care or control” laws.
The Crown can proceed in two ways:
Using the legal presumption of care/control
Proving actual risk of danger based on your condition and the circumstances
According to Canadian law, the risk of you driving or unintentionally moving the vehicle is enough — intent is not required.
NEED A DUI LAWYER IN GUELPH?
Andrew Captan is a trusted DUI lawyer with extensive experience defending clients in Guelph and surrounding areas. He understands how local courts work and offers:
Direct service — speak to Andrew, not a junior staffer
Custom-tailored strategies based on your case
Flexible payments if you’re not able to pay all at once
📞 Call Andrew Captan at (647) 878 – 6355 to get legal help today.
