Penalties And Consequences For Driving While Impaired

Impaired Driving, Driving while Impaired, Drive over 80 milligrams, and Refuse Breath Test are all considered Criminal Offences under the Criminal Code of Canada. Penalties for these offences are severe and include mandatory drivers licence suspensions, fines, and jail terms for repeat offences.

OTT Legal Services are experts in fighting Impaired Driving and Driving while Impaired Charges. We have Ontario's top Impaired Driving Lawyers working together with former Police Breathalyzer Technicians, and alcohol toxicologists that deliver the best possible results for our clients.

For any Impaired Driving, or Driving While Impaired, or drinking and driving offence the penalties are:

A criminal conviction (criminal record) is registered for life
The accused is considered a criminal under Canadian Law.
A criminal is subject to having their fingerprints and photograph taken and recorded for life with the RCMP and the Canadian Police Information Center (CPIC).
Persons with Criminal Records may be refused entry into the United States, unbondable, and considered unsuitable for some types of jobs.
A first conviction for an Impaired Driving offence will result in
minimum fine of six hundred dollars.
mandatory driver's licence suspension for one year.
mandatory Remedial measures requirement (Back on Track Course).
mandatory One year Ignition Interlock installed on any vehicle the driver operates.
Insurance rates for High Risk drivers from five thousand to over ten thousand per year for at least five years.
For a second conviction for a Impaired Driving offence
mandatory fourteen days in jail.
mandatory driver's licence suspension for three years
mandatory Remedial Measures requirement (Back on Track Course)
mandatory three year ignition interlock installed on any vehicle driver operates

Upon being arrested for Impaired Driving, or driving while impaired and obtaining a reading of over 80mgs of alcohol per 100ml of blood on a breathalyzer the accused's driver's licence will be suspended for an immediate ninety days under the "Administrative Drivers Licence Suspension" (ADLS) program.

The ADLS program is a mandatory driver's licence suspension issued to any driver who obtains a breathalyzer reading of more than 80 milligrams on a breathalyzer or intoxilyzer. There is no appeal or recourse for this suspension except where a person has been impersonated or was physically unable to give a breath sample due to a medical reason.

After the ninety days have past and while awaiting trial for the impaired driving charge the accused is allowed to apply to have their drivers licence reinstated. The accused may drive until the trial date.

This ADLS driver's licence suspension is immediate and mandatory. The ADLS suspension is in addition to any other suspension that the court may impose upon conviction.

A drivers suspension for an Impaired Driving, or a Driving while Impaired offence includes any type of motor vehicle driven anywhere in Canada, at any time, under any conditions. There is no conditional licence, the accused can not drive under any circumstances, to and from work, or even drive for an emergency purpose. The accused cannot operate any type of motor vehicle even on private property, or in the work place.

An Impaired Driving suspension includes driving anything that is classified as a motor vehicle under the Criminal Code of Canada. This includes anything that is pushed, pulled or driven by anything other than muscular power. This also includes motorised machinery even if it is not operated on the roadway.

If the accused is found guilty of an impaired driving or driving while impaired charge they will have to undergo an intensive driver's licence reinstatement process by the Ministry of Transportation, at a cost of approx two thousand dollars.

Convicted impaired drivers are required by law to have an Ignition Interlock System installed at their cost in any vehicle they wish to drive (approx cost is one thousand five hundred dollars 1,500.00). The Ignition Interlock System is an alcohol breath testing device that the driver must blow into to start the vehicle, the driver must provide periodic breath samples into the machine, while the vehicle is in operation.

The convicted impaired driver must have the ignition interlock device tested monthly (approx cost is one hundred dollars $100.00) at their cost to ensure the instrument is working properly, and that it has not been tampered with.

If convicted of an impaired driving or driving while impaired offence and to obtain the right to drive a motor vehicle again, convicted impaired drivers are required to take the Ontario Ministry of Transportations "Back on Track" program. The cost of this program is four hundred and seventy five dollars ($475.00). During this 11 month drinking and driving course the driver is required to attend classes, and meet with doctors and psychologists to review their alcohol consumption. The driver will be tested for alcoholism and to receive counseling in drinking and driving.

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