Impaired Driving Penalties in Toronto: Why You Need To Hire a Lawyer

 Impaired driving is a serious offence in Canada, with strict penalties for offenders. Whether it’s alcohol or drug-related, getting charged with impaired driving can have dangerous consequences, affecting your employment, travel opportunities, and overall reputation.

According to research, an average of 10 criminal charges and short-term provincial licence suspensions are issued every hour in Canada for impaired driving. If you have been charged, seeking legal representation is important. A skilled Toronto impaired driving lawyer can help handle the complexities of the legal system, protect your rights, and work to reduce the impact of the charges on your future.

If this is your first offence, you may not fully understand impaired driving laws or the possible legal consequences. Below, we discuss the penalties for first-time offenders and how an experienced lawyer can help you.

Impaired Driving Penalties in Toronto: The Importance of Hiring a Lawyer

Below are a few reasons why you should hire an expert lawyer when you face impaired driving penalties.

Possible Legal Penalties for a First-Time DUI Offence

Even for first-time offenders, impaired driving convictions can result in severe penalties. As mentioned, from monetary fines to licence suspensions and even a permanent criminal record, the consequences can follow you for years.

Let’s take a closer look at what you might face if convicted.

1. Monetary Penalties and Costs

If you are found guilty of impaired driving, financial penalties are inevitable. The mandatory minimum fine for a first-time conviction of impaired driving in Canada is $1,000. However, if your Blood Alcohol Concentration (BAC) is significantly above the legal limit, the fine can increase to $1,500 or more.

In addition to this fine, there are other financial burdens to consider, including:

• Vehicle Impound & Towing Fees: If your car is impounded, you will have to pay for its release.
• Treatment Programs: You may be required to complete an education or treatment program at your own expense.
• License Reinstatement Fees: After serving a suspension, you must pay to reinstate your driving privileges.
• Increased Insurance Costs: Once convicted, insurance companies will categorize you as a high-risk driver, causing your insurance premiums to skyrocket.

In many cases, individuals find it difficult to secure car insurance at all after an impaired driving conviction in Toronto, adding another layer of stress and financial strain.

2. Licence Suspension

One of the immediate penalties for impaired driving is licence suspension. Under Ontario’s immediate roadside sanctions rules, your licence can be suspended for different durations based on the circumstances of your charge:

• First offense: 3-day suspension
• Second offense: 7-day suspension
• Third offence: 30-day suspension

However, if your BAC is over 80 milligrams per 100 millilitres of blood, you will be arrested and officially charged, which can lead to a much longer court-imposed suspension.

Another way your licence could be suspended is if you refuse to take a breathalyzer test. Refusal to comply with a lawful demand for a breath sample is treated as seriously as a DUI charge and comes with similar legal consequences.

3. Criminal Record

A first-time DUI charge does not mean you will get off with just a fine or suspension, but it is a criminal offence. Under Section 320.19 of the Criminal Code, a first-time offender can face up to two years in jail or severe restrictions on their freedoms.

Having a criminal record for impaired driving can affect:

• Job Prospects: Many employers conduct background checks, and a DUI conviction can make it harder to secure employment.
• Travel Restrictions: Some countries, including the United States, may deny entry to individuals with a criminal record for impaired driving.
• Immigration and Permanent Residency Applications: If you are a non-citizen in Canada, an impaired driving conviction can negatively impact your immigration status.
• Record Visibility: DUI charges are recorded in the Canadian Police Information Centre (CPIC) database, meaning law enforcement agencies and background check services can access this information.

Though you may be able to apply for a record suspension (formerly known as a pardon) after five years, there is no guarantee it will be granted. Even if your pardon is approved, the conviction remains on your record for life unless the government expunges it.

How an Impaired Driving Lawyer Can Help

If you have been arrested for impaired driving, it is essential to seek legal counsel immediately. An experienced Toronto impaired driving lawyer can assess your case and work to minimize the penalties you face. Here’s how they can help:

1. Challenging the Evidence

A lawyer will carefully examine the prosecution’s case to determine if any mistakes were made during your arrest, including:

• Errors in Breathalyzer or Blood Test Procedures
• Unlawful Traffic Stops
• Violation of Charter Rights
• Inaccurate or Misleading Police Reports

If procedural errors or legal violations are found, your lawyer may be able to challenge the evidence against you and have your case dismissed or reduced.

2. Negotiating a Reduced Sentence

Even if the evidence against you is strong, a lawyer expert in handling impaired driving charges in Toronto can negotiate with the prosecution to seek a lesser penalty. This could mean:

• Avoiding a Criminal Conviction: In some cases, your lawyer may be able to negotiate a lesser charge (such as careless driving), which does not result in a criminal record.
• Reducing Fines and License Suspension Periods: By demonstrating mitigating factors (such as a clean driving record), your lawyer can argue for a lower fine or reduced suspension.
• Securing Alternative Sentences: In certain cases, offenders may qualify for alternative sentencing, such as rehabilitation programs instead of jail time.

3. Providing Legal Guidance and Support

Navigating the legal system alone can be overwhelming. A DUI lawyer provides step-by-step guidance, ensuring you understand your rights, responsibilities, and options at every stage of your case.

Take Action: Consult a Toronto Impaired Driving Lawyer

If you have been charged with impaired driving in and around Toronto, it is important to seek legal help as soon as possible. The consequences of a DUI conviction are severe and can impact your life for years to come. However, with the right legal representation, you may be able to minimize the impact and protect your future.

Experienced impaired driving lawyers specialize in defending impaired driving cases. They will carefully review your case and work to pursue the lowest possible penalty to help you get your life back on track.

A first-time impaired driving offence in Toronto can have serious legal, financial, and personal consequences. From steep fines and license suspensions to a criminal record that affects your future, the penalties can be life-altering. However, an experienced lawyer can guide you through the legal process, challenge evidence, negotiate a reduced sentence, and work to protect your future. If you or a loved one has been charged with impaired driving, don’t wait, but consult an impaired driving lawyer in Toronto immediately to explore your legal options.