Is DUI a Criminal Offence in Canada

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How would you feel if your favorite car got hit by a careless driver?

Even when there aren’t many cars around? Awful, right?

Imagine doing the same with some other car while you have been committing DUI. The reason for these types of aggressive driving is usually someone’s influence or the effects of intoxication; both are crimes with a high risk of harming oneself and others. 

To get the most help if you face this, you must speak with an expert lawyer, such as a criminal lawyer in Saskatchewan.

But, have you wondered whether it is so bad to become a criminal offence?

You will know that soon. For that, go through the following discussion till the end. 

What is a DUI in Canada?

Driving while intoxicated/impaired (DWI) and DUI are criminal offences in every Canadian province, as you may hurt yourself and others while driving. It includes driving while intoxicated with alcohol, drugs, or other controlled substances. If the police find you fit any of these criteria, you will be punished for this offence.

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What are the Punishments You may Get for DUI?

Here is the list of punishments you will receive if you are subject to DUI in Canada.

Instant Roadside Suspension

The police will instantly suspend your driver’s licence there. The suspension begins on the day you receive a notification of suspension from the police. Besides, your licence will remain indefinite if you don’t resolve it in court, your licence will remain indefinite. In this situation, you must find a professional and expert DUI lawyer to have the claims dropped, and the suspension lifted.

Vehicle Impoundment

Police will impound your car as they suspend your driver’s licence. Under the following circumstances, your car will stay impounded.:

30 days vehicle impoundment:

  • If you drove impaired.
  • If you have exceeded the legal limit of alcohol, but the amount below.16 BAC 
  • If you consumed drugs more than the legal limit 
  • If you had consumed both alcohol and drugs, but the amount is less than .16 BAC

60 days vehicle impoundment

  • If you have exceeded the legal limit of alcohol, which is 16 BAC or more
  • If you had consumed both alcohol and drugs, which is.16 BAC or more
  • If you refuse or do not act according to the demand

Impaired Driving Education

Your car will be suspended and seized until the criminal code charges come out. You must not drive until then. If you are found guilty, your lawyer will provide you with a written version of the mandatory impaired driving education program. You will get a certain course depending on how many DUI offences you have committed until now.

  • 1st-degree offence: Driving Without Impairment (DWI) program
  • 2nd-degree offence: Alcohol and Drug Education (ADE) program
  • 3rd and subsequent offence: Addiction assessment
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You won’t be able to get your licence back until you complete your course or haven’t started the course within a specific time. It will stay suspended, and you won’t be driving.

Mandatory Ignition Interlock

Once you receive your licence and start driving again, you must have an ignition interlock device installed in your car. You need to drive your car with this device which you can’t take off. Otherwise, your licence can get cancelled. 

Your previous offence will decide how long you need it in your car. But if you take it off before that time, you may need to install it again and start the time frame over again. 

Offence type 1:

  1. If you have exceeded the legal limit of alcohol, but the amount below.16 BAC.
  2. If you drove impaired.
  3. If you had consumed both alcohol and drugs, but the amount is less than .16 BAC

Time 

  • 1st-degree offence: 1 year
  • 2nd-degree offence: 3 year
  • 3rd and subsequent offence: 10 year

offence type 2:

  • If you have exceeded the legal limit of alcohol, which is 16 BAC or more
  • If you had consumed both alcohol and drugs, which is.16 BAC or more
  • If you refuse or do not act according to the demand
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Time

  • 1st-degree offence: 2 year
  • 2nd-degree offence: 5 year
  • 3rd and subsequent offence: 10 year

Can you Go to Jail for Committing DUI?

In Canada, there are many punishments for a DUI. Based on those, if you commit a serious offence, you may need to go to jail for that.

  • First offence: A fine of $1,000
  • Second offence: Imprisonment for 30 days
  • Third and subsequent offence: Imprisonment for 120 days

Well, these are the lowest penalties. If the situation gets much worse, you may receive harsher penalties.

  • A prison term of no more than two years for a summary conviction.
  • A maximum prison term of 10 years for an indictment.

You will have the option to negotiate for yourself through your lawyer, and if you are lucky, the court may consider it. But such cases are minimal.

To wrap up

You may think it isn’t such an offence to deserve such punishments. But trust me, it can worsen if the authorities don’t handle this sp seriously. Imagine getting into an accident with a driver who committed DUI; you know what can happen.

So, you must be careful while driving. However, if you think you are wrongly accused, your best option is to get along with an expert lawyer who can safely get you out of this situation.