Jump to Navigation

Minimum Penalties for a Drinking and Driving Conviction

MINIMUM DUI PENALTIES

If you are found guilty of Impaired, Over 80, Refuse Breath Test or Care and Control while Impaired (alcohol and/or drugs), you will be subject to the following minimum consequences on your first conviction:

1. You will lose your driver's licence for a minimum of one full year, starting from the day you entered the guilty plea or were found guilty. The 3 months automatic suspension you received when you were first arrested does not count. This suspension is valid across Canada and in many states in the United States.

2. You will have a criminal record.

3. You will have to pay a minimum fine of $1,000.00 (new as of July 2, 2008).

4. Your car insurance will likely triple, at the very least.

5. In order to get your license back, you must complete two programs. The first one is called "Back on Track". This program costs about $500.00 and there is a waiting list of about 11 months. Therefore, you must register for this program on the day you are found guilty or shortly thereafter. The telephone number is (416) 595-6593. After this program is completed, you should get your licence back but you still cannot drive unless you participate in a second program called the "Interlock Ignition Device Program." Under this second program, a device must be installed in your car or any car you intend to drive. This device is wired to your car and you must blow into this device in order to be able to start your car. Everyone who wants to drive your car must blow into it as well in order to start the car. The device is installed for a minimum of one year and the cost is about $1,600.00 per year. You are responsible for the cost of this device being installed and maintained. For information about this device call 1-866-658-6374.

Further Consequences of a Conviction:

Mandatory consequences under the Highway Traffic Act (HTA) and minimum penalties under the Criminal Code (CC) by first and subsequent offences

1st offence   HTA   1 year licence suspension

remedial measures requirement

minimum 1 year ignition interlock licence
condition on reinstatement of driver's licence

CC    1 year driving prohibition

$1,000.00 fine (new as of July 2, 2008)

2nd offence   HTA   3 year licence suspension

remedial measures requirement

minimum 3 year ignition interlock licence
condition on reinstatement of driver's licence

CC    2 year driving prohibition

30 day jail sentence (new as of July 2, 2008)

3rd offence   HTA   lifetime licence suspension reducible to 10 years if certain
conditions are met

CC    3 year driving prohibition

120 day jail sentence (new as of July 2, 2008)

4th offence   HTA   lifetime licence suspension

CC    same as third offence

For more information about ignition interlock, please contact the Ministry of Transportation of Ontario at 1-800-387-3445 or (416) 235-2999. For installation, please call Guardian Interlock Systems at 1-866-OK-TO-DRIVE or 1-866-658-6374.

Successes Click Here
Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an lawyer-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
*Experience is Your Best Defence*