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Drinking and Driving charges have more severe consequences than most people think. When charged with a drinking and driving offence, your license is automatically suspended under the Highway Traffic Act, and your vehicle is impounded for seven days. In order to get your vehicle back and have your license reinstated, you must pay hefty penalties.

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Impaired/Over 80/Refusal

As it stands now, there are several drinking and driving offences; they include Impaired Driving by Alcohol, Over 80 and Refuse or Fail to Provide Breath Sample. Penalties for these offences are very serious and can include a prison sentence.

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Penalties for 1st offence:

• Mandatory minimum fine ranges from $1000 to $2000

• Drivers license suspension 

• Car impoundment 

• Up to 24 months less a day imprisonment on summary conviction

• Up to 10 years imprisonment on indictment

• Criminal record

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Penalties for further offences:

• Mandatory prison sentence of 30 days on 2nd conviction

• Mandatory prison sentence of 120 days on 3rd and subsequent convictions

• Drivers license suspension

• Car impoundment 

• Criminal record

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To be lawfully charged with Impaired driving, there is a level of proof needed that your ability to operate a motor vehicle was impaired by alcohol or drug. Indicia that can lend to this suspicion include physical movement, ability to comprehend, balance, ability to speak clearly, and lack of coordination. You can potentially get charged with this offence even if you are not driving at the moment of arrest.

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For the charge of Over 80, a person is alleged to have been driving their motor vehicle or having care of control of it with more than 80 milligrams of alcohol in 100 millilitres of blood. Being convicted of this offence can lead to jail time, a permanent criminal record, an increase in your insurance premiums, a driving prohibition and more. A strong defence is needed for this very technical charge.

 

With regard to Refusing or Failing to Provide a Breath Sample at the roadside, the penalties mirror those available for Impaired Driving and Over 80. That being said, an effective legal defence team can help identify defences that may exonerate you completely or achieve a lesser sentence. These include whether there were grounds for making the breath demand, a violation of your Charter rights and protections, a medical condition that prohibited you from providing a suitable sample, or any other defence that the facts of the case may breed.

 

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Impaired by Drug

Police officers can demand a saliva sample if they have a reasonable suspicion to believe that a driver is impaired by drug. They can also request that a motorist undergo a drug recognition evaluation or demand a blood sample if they have a established reasonable grounds to believe that a driver is impaired by drugs.

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Penalties for 1st offence:

• Mandatory minimum fine $1000

• Drivers license suspension 

• Car impoundment 

• Up to 24 months less a day imprisonment on summary conviction

• Up to 10 years imprisonment on indictment

• Criminal record

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Penalties for further offences:

• Mandatory prison sentence of 30 days on 2nd conviction

• Mandatory prison sentence of 120 days on 3rd and subsequent convictions

• Drivers license suspension

• Car impoundment 

• Criminal record

 

Having elevated levels of THC or detectable levels of other impairing drugs in your blood will result in criminal charges.

If you are caught driving with between 2 and 5 nanograms of THC per milliliter of blood in your system, you can face a fine of up to $1,000.

 

It is also an offence to drive if you have:

• 5 or more nanograms of THC per milliliter of blood; or

• 5 milligrams of GHB per liter of blood; or

• 50 milligrams of alcohol per 100 milliliter blood and 2.5 nanograms or more of THC per milliliter of blood; or

• any detectable level of cocaine, meth, LSD, heroin, Ketamine, Phencyclidine, Psilocybin or magic mushrooms in your blood.

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The mandatory minimum fine is $1, 000 for a first offence; 30 days imprisonment for a second offence; and

120 days imprisonment for a third and subsequent offence.

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Dangerous Driving

Dangerous driving is a criminal offence in Canada. It is committed when a driver drives with wonton and reckless disregard for public safety. Meaning if a driver drives in a way that may cause a danger to the public. A dangerous driving offence is very serious and can include a prison sentence. 

 

Penalties

If you have been charged with dangerous driving, you will be subject to a maximum of five years in prison, depending on whether the prosecutor proceeds summarily or by indictment.  

 

The penalty is increased to a maximum penalty of up to 14 years depending on whether the driver is found guilty of dangerous driving causing bodily harm or dangerous driving causing death.

 

A driver found guilty of dangerous driving will also will lose their drivers license for a period of at least one year in Ontario.

 

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Criminal Negligence

Criminal negligence charges can be laid when a motorist either does or omits to do something that is his legal duty to do, namely obey Highway Traffic Act laws. 

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The criminal code states that "Every one is criminally negligent who (a) in doing anything, or (b) in omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons." 

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Penalties

The penalty is increased to a maximum penalty of up to life imprisonment depending on whether the driver is found guilty of criminal negligence causing bodily harm or criminal negligence causing death. There is also a mandatory minimum of 4 years imprisonment if you are found guilty of criminal negligence causing death. 

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Careless Driving

Careless driving is committed when a driver drives without reasonable care or attention to others on the road. It is an offence under the Highway Traffic Act and can have significant penalties.

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Penalties

If you have been charged with careless driving, you will be convicted if the facts show that you were driving without proper care and attention. The penalty for careless driving is

• a fine of not less than $400 and not more than $2,000

• a possible six-month jail term (or both a fine and jail term)

• up-to two years licence suspension

• six demerit points

 

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