As experienced DUI lawyers in Ontario, we have witnessed the devastating effects of impaired driving. A DUI conviction can result in life-altering penalties.
That’s why we’ve created this ultimate guide to explain the legal consequences of impaired driving in Ontario for 2024. From first-time to third-time offences, we’ll cover it all. So, buckle up and let’s explore Ontario’s DUI penalties together.
Impaired Driving Ontario Penalties: Peculiarities You Need to Know
- Enforcing suitable legislation in Canada is a shared responsibility between Parliament and provincial legislatures. As a result, individuals charged with a DUI offence may face DUI fines and penalties under federal (criminal) law and provincial law, including a licence suspension.
- Administrative driver’s licence suspension (ADLS): If you are caught driving under the influence of alcohol or drugs, your licence can be suspended immediately for up to 90 days under the ADLS program. This suspension is separate from any criminal charges you may face.
- Mandatory minimum penalties: There are mandatory minimum penalties for impaired driving offences in Ontario, which means that judges are required to impose specific penalties regardless of the circumstances of the case.
- Increased penalties for high BAC: If your blood alcohol concentration (BAC) is over 0.16%, you may face increased penalties, including longer licence suspensions and mandatory participation in the ignition interlock program.
- Mandatory participation in the ignition interlock program: If you are convicted of a DUI offence in Ontario, you may be required to participate in the ignition interlock program. This program requires installing a device in your vehicle that measures your BAC before starting the engine.
- Graduated licensing system: Ontario operates on a graduated licensing system, meaning drivers under 21 years old or with less than 2 years of driving experience face a zero-tolerance policy for alcohol and drugs. If caught driving with any amount of alcohol or drugs in their system, they can face immediate license suspension and penalties for DUI.
- Mandatory remedial programs: If you are convicted of a DUI offence in Ontario, you may be required to complete a compulsory remedial program, such as the “Back on Track” program. These programs are designed to educate offenders on the risks and consequences of DUI.
- Increased penalties for subsequent offences: The penalties for subsequent DUI offences in Ontario are significantly more severe than for a first offense DUI.
- Enhanced DUI penalties for commercial drivers: Commercial drivers, such as truck drivers, face enhanced penalties for drinking and driving in Ontario. If caught with any blood alcohol concentration (BAC), they can face a 3-day roadside suspension, and if convicted, they can face a 1-year licence suspension and other penalties.
As mentioned, the penalties for impaired driving in Ontario vary depending on several factors. These include the concentration of alcohol or drugs, whether it’s your first or a repeated offence, and whether you caused bodily harm or death to another person. Also, one of the important things you need to understand is how long DUI stays on your record in Ontario (as it entails long-term consequences). So, let’s explore the details.
Warn Range DUI Penalties in Ontario
In Ontario, if a driver blows in what is considered the “warn range” at a RIDE Program checkpoint, they will be charged with a Provincial Offence instead of the criminal offence of impaired driving.
The penalties for a warn range offence are immediate and cannot be appealed in a court of law. This charge is also recorded on the driver’s record and applies to their driver’s licence. Warn range offences remain on driving abstracts for 5 years.
The warn range is the lowest level of Blood Alcohol Concentration (BAC) for which you can still be charged with a DUI offence. In Ontario, the warn range is between 0.05 and 0.079 BAC.
If your BAC falls within this range, you will be subject to warn range penalties, which are less severe than penalties for DUI offences with higher BAC levels:
| Penalties | 1st-time warn range offence | 2nd-time warn range offence | 3rd-time warn range offence |
|---|---|---|---|
| Fine | $250 | $350 | $450 |
| Immediate licence suspension | 3 days | 7 days | 30 days |
| Education or treatment program (mandatory) | no | yes | yes |
| Interlock device installation | no | no | for a minimum of 6 months |
*Each time your licence is suspended, you must pay a fee to reinstate it.
If caught driving with a BAC over 0.08 (which is legal Ontario blood alcohol limit), you will face much harsher DUI penalties Ontario, including criminal charges and higher fines.
Penalty for First Time DUI in Ontario
Although first-time DUI offenders in Ontario are subject to less severe treatment by the justice system than repeat offenders, the consequences can still be life-changing.
Provincial Penalties for DUI first offence Ontario:
- $550 fine
- immediate 90-day roadside licence suspension
- 7-day vehicle impoundment
- + additional fee for licence reinstatement
Penalties for DUI first offence Ontario (under the Criminal Code, upon conviction):
- Minimum $1,000 fine* + a victim fine surcharge and court fees
- Criminal record
- Mandatory licence suspension for at least 1 year
- Possibility of imprisonment up to 10 years
- Mandatory education or treatment program
- Installation of an ignition interlock device in your vehicle for at least 1 year
*DUI fines in Ontario can vary based on the circumstances of the offence, including the concentration of alcohol or drugs in the individual’s system:
- 1st offence + BAC of 80-119 ml: minimum fine of $1,000
- 1st offence + BAC of 120-159 ml: minimum fine of $1,500
- 1st offence + BAC of 160 mg or more: minimum fine of $2,000
These penalties for first time DUI in Ontario are not exhaustive and can vary depending on the specific circumstances of the offence.
Penalty for Second DUI Ontario
A 2nd DUI charge in Ontario refers to the situation where an individual is arrested and charged with driving under the influence (DUI) for the second time within 10 years of the first conviction.
A previous DUI conviction can be considered an aggravating factor in sentencing, as it suggests a greater risk of reoffending. This may result in more severe penalties, including DUI jail time, probation, and permanent licence suspension.
Provincial penalty for second DUI in Ontario:
- $550 fine
- immediate 90-day roadside licence suspension
- 7-day vehicle impoundment
- mandatory education or treatment program
- + additional fee for licence reinstatement
Penalties for 2nd DUI Ontario (under the Criminal Code, upon conviction):
- Minimum $1,000 fine + a victim fine surcharge and court fees
- Criminal record
- Mandatory minimum sentence of 30 days imprisonment
- Mandatory minimum sentence of 120 days imprisonment if the Blood Alcohol Concentration (BAC) is over 0.16
- A mandatory 3-year prohibition on driving (licence suspension)
- Possibility of imprisonment up to 10 years
- Mandatory education or treatment program
- Installation of an ignition interlock device in your vehicle for at least 3 year
The situation becomes even more severe if the second DUI charge is within 5 years of your first conviction, as the Crown will argue that you pose a significant risk to public safety. As a result, the prosecution may seek harsher sentencing options such as jail time, longer licence suspension, and other penalties under the HTA and Criminal Code of Canada.
Penalty for 3rd DUI in Ontario
A third DUI offence in Ontario is when an individual is charged and convicted for driving under the influence of alcohol or drugs for the third time within 10 years.
Provincial penalty for third DUI in Ontario:
- $550 fine
- immediate 90-day roadside licence suspension
- 7-day vehicle impoundment
- mandatory education or treatment program
- ignition interlock device installation for 6 months
- + additional fee for licence reinstatement
Penalties for 3 DUI in Ontario (under the Criminal Code, upon conviction):
- Minimum $1,000 fine + a victim fine surcharge and court fees
- Criminal record
- Mandatory minimum sentence of 120 days imprisonment
- Possibility of imprisonment up to 10 years
- Lifetime driver’s licence suspension (may be reduced after 10 years with certain criteria)
- Installation of an ignition interlock device in your vehicle for at least 6 years
- Probation order with conditions such as participation in an alcohol treatment program and no consumption of alcohol
- A compulsory medical assessment will be required to assess your eligibility for driving in Ontario
- Mandatory education or treatment program
In Ontario, the fourth DUI offence leads to an indefinite suspension of the driver’s licence, with no chance of reduction or dropping your DUI charge.
The Logic of DUI Penalties Ontario
As already explained, the penalty for DUI in Ontario increases with each repeat offence.
For the first offence, the minimum sentence is fine. However, jail time is added for the second offence, with a minimum of 30 days imprisonment and a 36-month driving prohibition.
Repeat offences after the second carry even harsher penalties, with a minimum of 120 days imprisonment and a lifetime driving prohibition.
In addition to these minimum sentences, other factors can increase the severity of sentencing, such as the harm done. If anyone is killed or receives bodily harm due to impaired driving, a conviction can result in a lengthy jail term, with a maximum sentence of 14 years for second impaired driving convictions.
Whether a case is tried as a summary or indictable offence is another factor determining the severity of sentencing. The latter is considered more serious and carries heavier punishments, depending on the circumstances of the events.
Time elapsed between the first and second offences is also a common aggravating factor for impaired driving charges. The less time between the two offences, the more severely it is viewed.
Additional Impaired Driving Consequences
In addition to the Provincial and Criminal Code of Canada impaired driving penalties mentioned above, there are several additional consequences of DUI in Ontario:
Increased insurance rates:
- When a driver is convicted of impaired driving, their insurance rates can be severely impacted. In the case of an accident, insurance companies may refuse to cover damages, citing a breach of the insurance agreement due to driving under the influence.
- In many cases, insurance companies may cancel the policy altogether or place the driver in a high-risk category, resulting in insurance rates of over $10,000 for up to 10 years. This could cost a total of $50,000 over five years.
Immigration consequences:
- A DUI conviction on your record can make it difficult to enter certain countries. For example, the United States has strict rules regarding allowing individuals with DUI convictions to enter the country.
- Some countries may require you to apply for a special visa or waiver to enter, which can be time-consuming and expensive.
- Even if you are allowed entry into a country, you may face increased scrutiny from border officials and could be subject to additional questioning or searches.
Employment consequences:
- A DUI conviction can make it difficult to find employment, particularly in industries that require driving or operating heavy machinery.
- Your current employer may also take disciplinary action or terminate your employment due to a DUI conviction.
- A DUI conviction can also impact your ability to obtain certain professional licenses or certifications.
At X-COPS, we understand that facing a DUI charge can be overwhelming, and the consequences can be severe. That’s why we offer free initial consultations to help you understand your legal options and chances of winning a DUI case in Ontario.
It’s important to remember that impaired driving charges can have serious and long-lasting consequences, including fines, jail time, and a criminal record.
Hiring an experienced DUI lawyer can make all the difference in the outcome of your case. Don’t face this alone – contact us today to schedule your free consultation!