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DUI penalties

What are the Penalties for a DUI in Canada? Will I go to jail?

In Canada, the penalties for a DUI depend on whether the offence is prosecuted as a summary conviction or an indictable offence.

DUIs in Canada are treated as hybrid offences, meaning they can be prosecuted in either way, with the Crown prosecutor deciding how to proceed based on factors like the severity of the offence, any previous criminal history, and whether there were aggravating circumstances.

Aggravating circumstances can include a high blood alcohol concentration (BAC), an accident, or injuries.

The penalties for a DUI can vary significantly, depending on how the case is prosecuted.
  • Summary Conviction: If a DUI is prosecuted as a summary conviction, which is considered the less serious option, the penalties can include:
    • Fines ranging from $1,000 to $5,000.
    • A driving license suspension for up to 1 year.
    • Up to 6 months in jail, although this is rare for first-time offenders.
  • Indictable Offence: If a DUI is prosecuted as an indictable offence, which is the more serious option, the penalties can be much harsher and may include:
    • Fines of $10,000 or more.
    • A driving license suspension for several years.
    • Up to 10 years in prison, for more extreme cases.

In addition to the penalties listed above, a DUI conviction, whether summary or indictable, will result in an automatic criminal record. There is no way to avoid a criminal record for a DUI conviction in Canada as the offence has a mandatory minimum sentence.

It is also important to note that in British Columbia, there can be immediate roadside penalties for failing or refusing a breathalyzer test, including a 90-day driving license suspension and a 30-day vehicle impoundment. This can occur even if you are not charged criminally.

Additionally, in BC, fines for a first offence can be up to $4,060 and there is a mandatory Responsible Driver Program and potential ignition interlock requirement after a conviction or after an Immediate Roadside Prohibition.

The potential penalties associated with a DUI conviction highlight why it is important to seek legal representation immediately when facing such charges.

A skilled lawyer can advocate for your case to be treated as a summary conviction, rather than an indictable offence, challenge the evidence against you and work to minimize the potential long term consequences.