DUI Consequences

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

  • 3-day licence suspension
  • $250 penalty

Second Offense Within Five Years

  • 7-day licence suspension (3-day suspension for commercial drivers).
  • $350 penalty
  • You must attend a mandatory education program (for a second occurrence within 10 years)

Third and Subsequent Offences Within Five Years

  • 30-day licence suspension (3-day suspension for commercial drivers).
  • $450 penalty
  • You must attend a mandatory treatment program (for third and subsequent offence within 10 years)
  • You will be required to use an ignition interlock device for at least six months (for third and subsequent offences within 10 years)
  • You will need to undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario (for fourth and subsequent offences within 10 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