PENALTIES UPON CONVICTION

The importance of effective representation for these charges becomes obvious when the penalties for conviction are considered. If you are convicted of impaired driving, over 80 or refuse breathalyzer or any combination thereof, you will lose your licence for a minimum of 1 year. You will lose your licence for a longer period of time if you have one or more previous convictions. A second conviction carries with it a 3 year licence suspension from the Ministry of Transportation. A third conviction caries with it a presumptive lifetime suspension. (after 10 years, you can apply to get your driving privileges restored but the success of such an application will be at the discretion of the Ministry) For a fourth conviction, your Ontario driver’s licence will be taken away from you for life with no exceptions. You may lose your licence for more than a year for a first offence if there are “aggravating” features to the case. When we speak of aggravating features, we are referring to components of the case that are particularly egregious. For example, an excessively high reading or an accident with injuries or property damage may well carry with it a lengthy driving suspension even for a first conviction. Each case will turn on its own facts. There is a minimum fine of $1,000.00 for everyone who is convicted of a drinking and driving offence. Again, the facts will govern what penalty is imposed by the judge. A second conviction will carry with it a minimum 30 day jail sentence. A third conviction will carry with it a minimum 120 day sentence. Extremely high readings or an accident with injury or significant property damage may often involve a jail sentence even if the accused has no previous record for drinking and driving. In addition to the driving suspensions and fines or jail sentence, someone convicted of drinking and driving can also expect the following additional repercussions:

1. Insurance rates that will increase dramatically for several years as a result of even one conviction for drinking and driving.

2. You will need to put an ignition interlock device in your car for a period of time equivalent to the length of your suspension once you do get your licence back. This is a device that prevents the car from starting unless the driver blows into a tube to demonstrate that he has no alcohol in his system. There is an installation fee, a monthly leasing fee and a removal fee all of which must be borne by the driver.

3. The "Back on Track" program. This is a remedial program that all convicted drinking drivers must take before their licence will be reinstated. There is also a fee for this which is borne by the driver.

With all of this at stake, in whose hands would you want your fate to depend? Contact us through our online information submission form. The initial consultation is free. The information you obtain may be priceless.