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What are the penalties for a DUI?
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----------------- CONTENTS OF THIS VIDEO --------------------
0:00 - What are the penalties for a DUI?
1:30 - What are the minimum and maximum penalties that I face from a DUI conviction?
3:15 - What other penalties will I face?
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CHAPTER 2: What are the penalties for a DUI?
If you are convicted of a DUI charge (whether you entered a guilty plea or were found guilty after a trial), you will face a series of serious penalties.
You will be automatically prohibited from driving. This prohibition will be Canada-wide. And, you will also be subject to a fine, jail, or probation. Or some combination of all.
You will face a range of penalties - Given the serious nature of a DUI charge, the lawmakers have given the Judge a wide range of penalties to be applied to your case based on your case's specific facts.
Generally speaking, the more severe your case’s facts are (for example, if someone was hurt or killed), then the more severe the penalty you will face).
However, the Judge is not free to do whatever he or she wants. The Judge must follow specific sentencing guidelines.
There are minimum sentences that the Judge must give you. And conversely, there are maximum limits to what the Judge can impose against you.
Generally, it's between the minimum and maximum penalties where the Judge has flexibility in the penalties you face.
What are the minimum and maximum penalties that I face from a DUI conviction?
The minimum sentences you will face depends on whether you have been convicted of the DUI charge before:
For a first offence - a $1,000 fine plus a 12-month driving prohibition
For a second offence - 30 days jail and a 24-month driving prohibition; and
For a third or subsequent offence - 120 days jail and a 36-month driving prohibition.
The maximum sentences you will face will depend on how the Crown intends to prosecute your case. And whether someone was hurt or killed as a result of your DUI.
If no one was hurt or killed, the Crown has the option to proceed with your charge in a relatively less severe context known as proceeding by “summary conviction.” In this case, the maximum jail time you will face will be 18-months of jail.
If the Crown chooses to proceed with your charge in a more serious context, this is known as proceeding by “indictment.” In this case, the maximum jail time you will face will be 5-years of jail.
If another person was hurt and suffered bodily harm because of your DUI, the maximum sentence you will face will be 10-years of jail.
If another person was killed because of your DUI, the maximum sentence you will face would be life in prison.
What other penalties will I face?
Both federal and provincial driving suspensions - You will face a driving prohibition not only from the Criminal Code of Canada (which is federal law) but you will be facing a license suspension under provincial law.
You may be subject to civil lawsuits - If you hurt or killed another person in the context of your DUI charge, that other party may launch a civil lawsuit against you.
In the criminal context, the burden of proof is beyond a reasonable doubt. However, in a civil lawsuit context, that burden of proof is only a “balance of probabilities” - which is significantly less than the criminal context. Because you were convicted in a criminal context, you will most likely lose any civil case against you.
Your insurance will dramatically increase - Your DUI conviction will place you in a high-risk category. And if you can drive again, the cost to get insurance will increase significantly.
Next Law publishes these videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.
Next Law publishes these videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.
0:00 - What are the penalties for a DUI?
1:30 - What are the minimum and maximum penalties that I face from a DUI conviction?
3:15 - What other penalties will I face?
----------------------------------------------------------
CHAPTER 2: What are the penalties for a DUI?
If you are convicted of a DUI charge (whether you entered a guilty plea or were found guilty after a trial), you will face a series of serious penalties.
You will be automatically prohibited from driving. This prohibition will be Canada-wide. And, you will also be subject to a fine, jail, or probation. Or some combination of all.
You will face a range of penalties - Given the serious nature of a DUI charge, the lawmakers have given the Judge a wide range of penalties to be applied to your case based on your case's specific facts.
Generally speaking, the more severe your case’s facts are (for example, if someone was hurt or killed), then the more severe the penalty you will face).
However, the Judge is not free to do whatever he or she wants. The Judge must follow specific sentencing guidelines.
There are minimum sentences that the Judge must give you. And conversely, there are maximum limits to what the Judge can impose against you.
Generally, it's between the minimum and maximum penalties where the Judge has flexibility in the penalties you face.
What are the minimum and maximum penalties that I face from a DUI conviction?
The minimum sentences you will face depends on whether you have been convicted of the DUI charge before:
For a first offence - a $1,000 fine plus a 12-month driving prohibition
For a second offence - 30 days jail and a 24-month driving prohibition; and
For a third or subsequent offence - 120 days jail and a 36-month driving prohibition.
The maximum sentences you will face will depend on how the Crown intends to prosecute your case. And whether someone was hurt or killed as a result of your DUI.
If no one was hurt or killed, the Crown has the option to proceed with your charge in a relatively less severe context known as proceeding by “summary conviction.” In this case, the maximum jail time you will face will be 18-months of jail.
If the Crown chooses to proceed with your charge in a more serious context, this is known as proceeding by “indictment.” In this case, the maximum jail time you will face will be 5-years of jail.
If another person was hurt and suffered bodily harm because of your DUI, the maximum sentence you will face will be 10-years of jail.
If another person was killed because of your DUI, the maximum sentence you will face would be life in prison.
What other penalties will I face?
Both federal and provincial driving suspensions - You will face a driving prohibition not only from the Criminal Code of Canada (which is federal law) but you will be facing a license suspension under provincial law.
You may be subject to civil lawsuits - If you hurt or killed another person in the context of your DUI charge, that other party may launch a civil lawsuit against you.
In the criminal context, the burden of proof is beyond a reasonable doubt. However, in a civil lawsuit context, that burden of proof is only a “balance of probabilities” - which is significantly less than the criminal context. Because you were convicted in a criminal context, you will most likely lose any civil case against you.
Your insurance will dramatically increase - Your DUI conviction will place you in a high-risk category. And if you can drive again, the cost to get insurance will increase significantly.
Next Law publishes these videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.
Next Law publishes these videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.
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