DUI Penalties in Ontario

If you have been arrested for a drinking and driving related offence, you may be wondering what type of penalty you would be facing in 2020 if you are found guilty of the offence.  You may be contemplating whether it is worth it for you to hire an Ontario DUI lawyer in order to defend yourself against the charges.

The purpose of this article is to go over the minimum penalties you would be facing if you are found guilty of a DUI in Ontario, Canada.  Please keep in mind this article is for informational purposes only and does not amount to legal advice.  In addition, although the information being presented is current as of the date of this article, legislative changes do happen from time to time, and with that, there could be changes to potential penalties as well.  I recommend that you speak with an experienced Ontario DUI lawyer, in order to get legal advice in your matter, as the facts of each case differ.

It is important to clarify what it means to be charged with a DUI in Ontario.  There are a series of offences under the Criminal Code of Canada that can be considered a DUI.  However, for the purposes of this article, I will primarily be focusing on the offences of driving while being impaired by alcohol or having greater than 80mg of alcohol per 100mL of blood (Over 80).  These two offences are captured by s. 320.14 (1) (a) and 320.14 (1) (b) of the Criminal Code, which state:

Operation while impaired

• 320.14 (1) Everyone commits an offence who
  • (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
  • (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

If you find yourself charged with either of the above offences, you may be asking what type of penalty could you be facing if you are found guilty?

In the case of most criminal offences, the penalty or sentence for a particular crime can vary quite significantly depending on the facts of the case.  A DUI is no different, in that the penalty will vary depending on a variety of factors such as your level of intoxication (breath level readings), whether or not there was an accident, and other potential aggravating or mitigating factors.  However, one factor that distinguishes a DUI from most other criminal offences is the existence of a mandatory minimum penalty.

This means that the Criminal Code sets out specific minimum penalties if you are found guilty of either of the above offences.  The minimum penalties are set out in various sections of the Criminal Code.  The first relevant section is s. 320.19 which states:

Punishment

• 320.19 (1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of
  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,
    • (i) for a first offence, a fine of $1,000,
    • (ii) for a second offence, imprisonment for a term of 30 days, and
    • (iii) for each subsequent offence, imprisonment for a term of 120 days; or
  • (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
    • (i) for a first offence, a fine of $1,000,
    • (ii) for a second offence, imprisonment for a term of 30 days, and
    • (iii) for each subsequent offence, imprisonment for a term of 120 days.

If we put aside the distinction between an indictable offence and a summary conviction for a moment, we can see that there is minimum penalty of a $1000 fine for a 1st offence, 30 days of jail for a 2nd offence, and 120 days of jail for each subsequent offence.

However, the consequences for a conviction do not end there.  There is also an increase of the minimum fine in situations where an individual’s blood alcohol content was significantly higher than the legal limit.  S. 320.19 (3) states:

Minimum fines for high blood alcohol concentrations

(3) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to

• (a) a fine of not less than $1,500, if the person’s blood alcohol concentration is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood; and
• (b) a fine of not less than $2,000, if the person’s blood alcohol concentration is equal to or exceeds 160 mg of alcohol in 100 mL of blood.

Therefore, the above paragraphs indicate in situations where an individual is charged with blowing over 80, there will be a minimum $1,500 fine if they blow over 120, and a minimum $2,000 fine if they blow over 160.

The next applicable section is s. 320.24 of the Criminal Code which sets out a mandatory driving prohibition order.  The section states:

Mandatory prohibition order

• • 320.24 (1) If an offender is found guilty of an offence under subsection 320.14(1) or 320.15(1), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (2).

• Prohibition period

(2) The prohibition period is

• (a) for a first offence, not less than one year and not more than three years, plus the entire period to which the offender is sentenced to imprisonment;
• (b) for a second offence, not less than two years and not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and
• (c) for each subsequent offence, not less than three years, plus the entire period to which the offender is sentenced to imprisonment.

This means that if you are found guilty of a DUI, you will be prohibited from driving for a minimum period of time; at least 1 year for a first offence, 2 years for a second offence, and 3 years for each subsequent offence.  

In Ontario, the driving prohibition period is subject to the approved provincial ignition interlock device program.  Therefore, there is a possibility, if you qualify for the program, that you could drive earlier than the end of the driving prohibition period if you meet all the requirements of the program.  You should speak to your lawyer about that possibility and whether you qualify.

It is also important to understand that the above information sets out the minimum penalties if you are found guilty of a DUI.  It is very possible that the facts in your case warrant a greater sentence, especially if there are aggravating circumstances that are present.

In addition, these penalties only speak to the repercussions imposed by the court.  There are also other consequences that you must consider.  Most importantly, being found guilty of a DUI means you will have a criminal record, which can have an impact on employment prospects and your ability to travel.  

There are also financial implications associated with dramatically increased insurance rates as well as the cost for installing and maintaining an interlock device in your motor vehicle for a period of time, if you wish to drive again.

There are also potentially further consequences under the Highway Traffic Act.  Please note that a driving prohibition imposed by a court is separate and distinct from a driving license suspension under the Highway Traffic Act.  This means there may be restrictions to your ability to drive even after your court ordered driving prohibition expires.

If you find yourself in the position where you have been charged with a DUI, given the very serious consequences you could be facing, I would highly recommend that you speak with an experienced Ontario DUI lawyer to protect your interests, such as the lawyers at Nadi Law!