A police officer pulls you over, asks you to get out of the car, tests your blood alcohol level with a breathalyzer, and you fail the test. What happens next?
Firstly, you will most likely be handcuffed and taken to a local jail or police station. Secondly, there are immediate penalties applied, even before a criminal conviction becomes a possibility.
If your blood alcohol concentration is 0.05 or higher, you fail a roadside sobriety test or you violate the zero tolerance requirements for young, novice and commercial drivers, you will immediately face:
First Offense |
|
Second Offense Within Five Years |
|
Third and Subsequent Offences Within Five Years |
|
Furthermore, you must pay a $281 licence reinstatement fee each time your licence is suspended. Young or novice drivers can also be charged under the Highway Traffic Act and if convicted, can face additional suspensions and fines.
Penalties if your blood alcohol content is above 0.08, a drug recognition evaluator determines that you are impaired, or you refuse to take a drug or alcohol test.
- 90-day licence suspension
- 7-day vehicle impoundment
- $550 penalty
- $281 licence reinstatement fee
- You must attend a mandatory education or treatment program (for second and subsequent occurrences within 10 years)
- You will be required to use an ignition interlock device for at least 6 months (for third and subsequent occurrences within 10 years)
These immediate penalties however are only the tip of the iceberg. If you are found guilty of the DUI, then the punishment can be much more severe.
Penalties | |||
Charge | First Offence | Second Offence | Third Offence |
Alcohol-impaired driving: Having a blood alcohol concentration at or over 80mg per 100ml of blood within 2 hours of driving | Mandatory Minimum: $1000 fine
Maximum: 10 years imprisonment | Mandatory Minimum: 30 days imprisonment
Maximum: 10 years imprisonment | Mandatory Minimum: $1000 fine
Maximum: 10 years imprisonment |
Drug impaired driving: Having 5ng or more of THC per ml of blood within 2 hours of driving Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam within 2 hours of driving Having 5mg or more of GHB per 1 liter of blood within 2 hours of driving | Mandatory Minimum: $1000 fine
Maximum: 10 years imprisonment
| Mandatory Minimum: 30 days imprisonment
Maximum: 10 years imprisonment
| Mandatory Minimum: $1000 fine
Maximum: 10 years imprisonment |
Combination: Having blood alcohol concentration of 50mg per 100 ml of blood plus 2.5ng or more of THC per 1ml of blood within 2 hours of driving | Mandatory Minimum: $1000 fine
Maximum: 10 years imprisonment
| Mandatory Minimum: 30 days imprisonment
Maximum: 10 years imprisonment
| Mandatory Minimum: $1000 fine
Maximum: 10 years imprisonment |
Refusal to comply with demands for a sample | Mandatory Minimum: $2000 fine
| ||
Drug impaired driving- Summary conviction: Having over 2ng but less than 5ng of THC per ml of blood within 2 hours of driving | Maximum: $1000 fine | ||
Impaired driving causing bodily harm | Summary Conviction: maximum 2 years imprisonment less a day Indictment: maximum 14 years imprisonment | ||
Impaired driving causing death | Indictment: Maximum life imprisonment | ||
First Offence + BAC of 80-119mg | Mandatory minimum: $1000 fine | ||
First offence + BAC of 120-159mg | Mandatory minimum: $1500 fine | ||
First offence + Bac of 160mg or more | Mandatory minimum: $2000 fine | ||
|
| ||