Getting a DUI in Canada is a very serious offense.
It’s not just classified as criminal, but also considered an indictable offense. That means if you’re convicted, it will stay on your criminal record forever and could result in significant consequences such as jail time or getting your license revoked.
Below are some of the basics about what this offense entails and how to avoid it happening to you. Anyway, undoubtedly, it is better to ask for help from a professional DUI lawyer.
Jonathan Lapid is a criminal defense lawyer and DUI lawyer in Toronto with over 25 years of experience. He has represented police officers, lawyers, doctors, prominent senior executives, pilots, limousine drivers, factory workers, and many other hard-working Canadians.
What is a DUI in Canada?
A DUI (driving under the influence) in Canada is defined as driving while impaired by alcohol or being impaired by any other substance. In other words, it’s when an individual drive while intoxicated, not falling asleep, or blacked out.
This means that if you have been drinking at all and have been pulled over by police, you may be a candidate for this particular offense.
Penalties for a DUI in Canada
A DUI can carry penalties that vary, depending on the nature of the case. These types of penalties include fines, driving bans, and jail sentences. The longer you have your license revoked as a result of this offense, the more you’ll pay out in fees and fines.
If you’re convicted of this crime and it comes to a sentencing hearing, you’ll be forced to pay back your victim or the court will charge interest accruing on the amount if it has not been paid in full.
Negotiating a DUI in Canada as a First Offender
If you’ve never been convicted of a DUI in your life, you’re likely unaware of the risks involved. It’s not just for being convicted for the first time that this offense is so damaging, but also because it can be used against you as evidence during prosecutions in the future.
A judge won’t just remember that you were arrested and charged with drunk driving if there is no other evidence to prove it.
This is why it’s crucial to work with a lawyer before you’re pulled over by the police. A lawyer can provide information on how to avoid this type of offense and help you negotiate a lesser punishment if that’s what the case dictates.
Applying for a pardon for a DUI in Canada
A pardon is a document that can lead to the removal of your criminal record for a driving under the influence offense. In order to qualify for a pardon or criminal record suspension, you’ll need to meet the requirements set by the national government.
This means all fines must be paid and your license will need to be reissued. You will also have to complete an application form and submit it with proof of completion for any court-ordered programs.
Benefits of applying for a pardon for a DUI in Canada
In many cases applying for a pardon for a DUI can be a great idea and it has some benefits:
- You will be able to avoid a DUI conviction for several years.
- You will have an opportunity to apply for a pardon after 10 years if you are convicted of the crime of driving under the influence (DUI). In order to apply, you will also need to wait at least two years after your release from jail or prison.
- If you successfully apply for a pardon and re-enroll in vehicle insurance, it is possible that your insurance premium can be lowered.
- A pardon for a DUI is also available if the charge involved is related to impaired driving.
- If you are charged with impaired driving that involves bodily harm, you will be ineligible for a pardon.
The Consequences
In Canada, there are different consequences for each driver depending on their age and how many times they’ve been convicted before. For example, it’s possible to get a DUI in Canada if you are under the age of 21 and even if you haven’t consumed any alcohol at all.
- A first offense for a young driver will result in them losing their license for a minimum of three months.
- A second offense will result in a minimum of 6 months without a license and 10 years of probation.
- A third offense will result in a minimum of 12 months without a license and a lifetime of probation.
The best solution to problems with the law is not to violate it. However, if you find yourself in a similar situation, you need to seek help from a professional lawyer who has experience with a DUI in Canada.
A Canadian DUI can impact your life in numerous ways and there’s a lot of misinformation surrounding it. It’s important to be educated about how to best deal with this situation before you find yourself in it.