In Canada, driving under the influence, commonly referred to as DUI, is a criminal offense. It is prosecuted under the Criminal Code of Canada, sections 253-255, which address Impaired driving.
Penalties include fines, license suspension, and a criminal record. If you are charged with a DUI, it is crucial that you know the legal consequences that come with the charge.
Why Does Canada Consider a DUI to Be a Criminal Record?
Canada deems a DUI as a criminal offense since impaired driving poses a threat to the lives of other people in society. According to Section 253 of the Criminal Code of Canada, it is unlawful to drive a vehicle in any place or at any time when you are under the influence of any drug or alcohol.
Depending on the extent of the offense, it is either a summary or an indictable offence. Also, once convicted, you will be treated as a criminal in society, and this will have the following consequences:
- You will be restricted from traveling to some countries
- You will be locked out of some jobs
- You cannot apply for some professional licenses
If you are charged with DUI, it is essential to seek the services of an experienced criminal attorney in Toronto.
Consequences of a DUI Conviction in Canada
DUI consequences are aggravated depending on the number of prior convictions and depend on BAC levels, accidents, or the presence of an injury. Section 255 provides that DUI charges have different punishment levels depending on the situation.
Penalties for a First DUI Offense
The first DUI crime usually warrants a minimum fine of $ 1000 and a one-year license suspension. According to Section 255(1), if there are aggravating circumstances, including having a BAC over 0.16 or causing bodily harm, the defendant may be imprisoned. Also, clients are compelled to attend an alcohol education program as part of the condition for treatment.
Penalties for a Second DUI Offense
For a second offense, penalties increase significantly. According to Section 255(2) of the Criminal Code, offenders face a minimum of 30 days in jail and up to a three-year driving suspension. Further requirements include the installation of an ignition interlock device and mandatory addiction counseling.
Second-time offenders are subject to stiffer penalties than those who committed the act for the first time. Section 255(2) of the Criminal Code states that offenders are subject to at least 30 days imprisonment and up to 3 years of suspension of driving privileges. Other extra conditions are an ignition interlock device and compulsory attendance at addiction therapy.
Penalties for a Third DUI Offense
For the third time, the most severe consequences are imposed for violating the road rules connected with drinking and driving. According to Section 255(3), offenders can be imprisoned for up to 120 days and have their driver’s license suspended for life.
A third DUI offence conviction leads to the same consequences, such as a travel ban and employment since there is a criminal record. This is why it is vital to seek assistance from a DUI lawyer in Toronto if one faces a charge.
Fighting DUI Charges in Canada
Defending against DUI cases entails examining evidence and the arrest process. Having an attorney to consult with can assist in building strong defenses, such as challenging the admissibility of breath tests or omissions in the arrest process. In some cases, the legal representation that you seek will help lessen the charges that are laid against you or even have them dropped.
DUI leads to a criminal record under the Criminal Code of Canada and has severe and lifelong implications. If you have been charged with DUI, please contact us for consultation and consider the possibility of protection.
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