If you’ve been convicted of driving under the influence (DUI), you should know that in Canada, DUI has been considered a Federal Criminal Offence since 1921. In Canada, the term impaired driving is used when referring to the criminal offence of operating a motor vehicle while under the influence of drugs or alcohol. A DUI offence is the most common type of criminal charge in the nation.
It’s punishable under the Criminal Code if your blood alcohol level exceeds 80 milligrams of alcohol in one hundred millilitres of blood (.08).
If an officer pulls you over and has reasonable grounds to suspect you are under the influence of alcohol within the last three hours, they may ask you first to perform a physical coordination test. If after performing the physical coordination test the officer believes you are under the influence, you may be requested to provide a breath sample.
Reasonable grounds include observations such as erratic driving or smell of alcohol on your breath. If for some reason you’re not able to provide a breath sample, a blood test may be performed by a medical professional.
If you’re suspected to be under the influence of drugs and alcohol, you may then be referred to an evaluating officer who will determine if there are reasonable grounds to request a blood or urine sample.
1. Criminal Conviction
Driving under the influence of alcohol is considered a criminal offense. Thus, one of the consequences of the Canadian impaired driving law is being charged with a criminal conviction on the record of the offender.
Most prosecutions of DUI charges in the country lead to summary convictions, while sometimes they are also prosecuted as an indictment.
2. Jail Time And/Or Fines
The charge on your first offers when found guilty with DWI is that you will be fined with $1,000. However, if you get the same offense again within 10 years after the first one, it will result in being arrested and put to jail for a minimum of 30 days.
Subsequent penalties will cause you to be put in jail for at least 120 days. Moreover, when the prosecution is pursued as a summary conviction, the sentenace can be as long as 18 months.
3. Suspension Of License
What happens when you get a DUI in Canada is that your driver’s licensed will also be revoked. On your first offense, you won’t be able to drive for at least one year. On the second time of conviction, your licensed will be revoked for at least two years, and at least three years on the third case.
4. Additional Fines
Charges when caught driving under the influence also include having to pay other additional fees due to conviction which the amount may be between $500 to $2,000 on your first offense. On the second, aside from being put to jail, you may still need to pay fines on top of the arrest.
5. Restricted Entry
When you have a record of DUI or DWI in the United States in the past 10 years, you may have the chance not to be allowed to enter Canada. Since DUI is considered a criminal offense, one who is charged with DUI is only allowed to enter the country when claimed to be rehabilitated.
The consequences of the Canadian impaired driving law may be quite serious and can result to inconvenience for years. Thus, when charged with a DWI offense for whatever reasons, contact a DUI lawyer to help you plead and be free from the record of such crime.