Southern Ontario has recently implemented stricter laws for driving under the influence (DUI).
The consequences of a second conviction in Toronto are tougher than ever.
A driver charged with a 2nd DUI offence within 5 to 10 years faces an automatic suspension of his driver’s license for at least 1 year. If convicted, he will face a mandatory prison time of 90 days to 6 months. Whether a driver is found guilty or enters a guilty plea, he must enter the Interlock Device Program to reinstate his license.
A DUI offence is a criminal offence and will result in a criminal record upon conviction.
Find the best lawyer to defend 2nd DUI charges to avoid the severe consequences to your life from an impaired driving conviction.
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Understanding DUI Charges in Toronto
The term “DUI” is not used in Canada’s laws. Rather, there are two types of offences:
- Impaired operation, care, or control of a vehicle due to alcohol or drugs
- Over 80mg operation/care or control of a vehicle
Failing or refusing to comply with a request for a blood or urine sample or a breathalyzer test is also treated as a criminal offence.
It does not matter if you don’t exceed the legal blood alcohol or drug limit; you can still be charged with impaired driving if your ability to drive was affected to any extent based on the observation of police officers who stopped you.
DUI offences are considered criminal offences and allow the Crown to prosecute by indictment or by summary conviction.
If you are arrested for a DUI, your vehicle will be towed to an impound yard. When you are released from custody, you must pay for the cost of the impound company, including a daily storage fee.
What happens when you get a 2nd DUI charge in Toronto?
The last thing you want is a 2nd DUI charge. It will put you in the “repeat offender” category which means higher fines and penalties than the first DUI.
It gets more serious if the DUI offence falls within 5-10 years of the first offence . Prosecutors will do their best to prove that you could endanger the lives of others by being on the road.
Police officers and prosecutors will also try their best to make sure you don’t beat the charges and get stiff penalties.
Take a look at the possible consequences of a 2nd DUI conviction!
Potential Penalties for a 2nd DUI conviction
Canada’s Criminal Code provides heavier penalties for repeat offenders. If you already have a DUI conviction and get pulled over by the police, you could face:
- **Jail time.**A 2nd impaired driving conviction has a mandatory minimum of 30 days in prison and a maximum sentence of 10 years jail time. You could also be ordered by the court to be on probation for years after serving your sentence.
- **Suspension of your driver’s licence.**A 2nd DUI results immediately in a 7-day suspension of your licence and the loss of driving privileges for at least 2-5 years upon conviction. After your suspension, you need to pay a fee to reinstate your licence and complete the “Back on Track” Program.
- **Mandatory Ignition interlock.**You will also need to install an ignition interlock device in your vehicle for at least 3 years if your licence is reinstated. You must cover the costs of the device and the monthly testing fees out of pocket. You won’t be allowed to drive any vehicle without the interlock device.
- **Fines.**You can be fined between $1,000 and $2,000 based on your impairment level.
- **A permanent criminal record.**You will get a criminal record which will be a permanent stain on your reputation and limit your ability to travel outside of the country or practice some professions.
- **Higher insurance rates.**Because you are considered a high-risk driver, car insurance companies will only provide coverage at much higher premiums after you get your licence back. They may also refuse to provide coverage.
Sentencing for a 2nd DUI in Ontario
Are you concerned with the potential sentence of a 2nd DUI in Ontario?
Aside from higher minimum penalties, the court will also examine any aggravating circumstances in your case to determine your sentence.
Some of these factors include:
- Summary conviction or indictment: The Crown Prosecutor could try your case as a summary or an indictable offence. An indictable offence has a possible jail term of up to 14 years and is given to high-speed drivers, reckless drivers, or driving with severe intoxication.
- Additional charges: If you committed other offences besides DUI such as Over 80, or refusing to give a sample for alcohol testing, your case becomes more serious.
- **The time gap between offences.**The more time that has passed between your first and second DUI, the higher your chances for a favorable outcome. Jail time can increase for a 2nd DUI if committed within five to ten years from the first DUI.
- Injuries or death. A simple DUI is different from one wherein bodily harm or even death results from your actions. If someone is injured, you could face a maximum prison term of 10 years. If someone dies as a result of a DUI, the driver could be sentenced to life imprisonment.
Your best option when faced with a 2nd DUI offence is to hire a DUI lawyer to represent you and fight for your case.
Pleading Guilty to a 2nd DUI: Is it advisable?
Considering the tough penalties that could result from a conviction for a 2nd DUI, it is imperative not to plead guilty to the charges!
If you plead guilty, your troubles will not be behind you. The consequences of a conviction will impact your life forever.
It is important to speak to an experienced DUI lawyer in Toronto to review your case and find the best defence strategy. He will question the evidence against you and fight to get the minimum possible sentencing.
Can you lose your job if charged with a DUI in Toronto?
Severe ramifications on employment can arise from DUI charges and conviction. In professions where driving is an important part of the job, a clean driving record is essential.
A DUI conviction can result in termination or demotion, depending on the company and the nature of your work.
For professions that are licensed, a DUI conviction could cause the revocation or suspension of your professional license with dire effects on your income and career.
If you need to travel as part of your job, a DUI conviction could make it difficult, if not impossible, to travel abroad.
The Cost of 2nd DUI Conviction in Toronto
A person convicted of a DUI offence in Toronto, including refusing to submit to alcohol testing automatically faces a driving prohibition throughout the province and a fine or jail term, or both.
The minimum DUI punishment for a DUI charge is as follows:
- For a first offence- 12 months driving probation and a fine of $1,000.
- For a second offence- 2 years’ driving probation and 30 days in jail.
- For a 3rd or subsequent offence- 3 years’ driving probation and 120 days in jail.
On top of these, there are other costs associated with DUI charges that you need to pay.
Program Fees for License Reinstatement
To get your license reinstated after your sentence, you need to join the re-education program called “Back on Track”. The participation fee is $894 for an impaired driving offence and $344 for an administrative suspension.
After successfully completing the Back on Track Program, your driver’s license will require you to install an ignition interlock device. The prices for the ignition interlock vary but the average price is $1,500 to $2,000 for installation, monitoring, and connection.
There are 2 government-approved interlock service providers – Smart Start Canada and ALCOLOCK Canada. You can register and request more details regarding fees.
What to do if you are charged with a second DUI
Are you being charged with a second DUI in Toronto? Per Section 320.19 of the Criminal Code, you are subject to a minimum of 30 days jail time. This is if you are convicted by the court.
A good criminal lawyer can get the charges dropped or negotiate it down to an HTA provincial offence.
Some impaired driving cases go to trial because a defence lawyer has many available defences.
The best thing for you to do now is to FIND THE BEST LAWYER to defend you from 2nd DUI charges!
Avoid Jail with a 2nd DUI Conviction
If you have never been in jail before, you don’t want to end up there. You won’t be in a holding cell by yourself but locked up with another prisoner and interact with the general population . You can be confined with a violent offender. Prison conditions can be harsh, not to mention dangerous.
You must do everything possible to avoid going to jail for several reasons - prevent the suspension of your licence, avoid travel restrictions, avoid paying more fines, and protect your freedom. It is the last reason that is most important because it also means ensuring your personal safety.
Don’t put your future in jeopardy! Get effective legal representation from experienced DUI lawyers in the JuriGo network.
Contact a lawyer today by filling out the short online form on this page, free of charge!
How much is a DUI Lawyer in Toronto?
Any type of DUI offence can limit your freedom and pose serious penalties for a repeat offence. A second DUI offence anywhere in Ontario, as mentioned earlier, will have severe consequences on your life.
The question to ask after being charged with a second DUI is who can help you fight these charges.
We understand that before hiring a DUI lawyer , you want to know how much your legal fees will cost.
DUI lawyers charge varying fees based on factors including the complexity of your case, your location, and the experience and track record of the lawyer.
Consequently, the cost of a DUI lawyer can range from a few thousand dollars to more than $20,000, based on the case.
Details of the Case Determine the cost
The level of complexity of a DUI case has a huge impact on lawyer fees. The more complicated the case, the higher the cost.
A straightforward DUI (refusing a sample) costs less than an accident with injuries or fatalities.
Many DUI lawyers offer a flat rate for defending DUI charges which means the rate will be fixed to enable you to manage your finances.
If you have a legal aid certificate and want to use it to pay for your DUI lawyer, you should mention it in advance.
Hourly rates of lawyers range from $200 to $800 per hour. If your case goes to trial, you can reduce your legal fees with a lawyer offering a flat rate.
Keep in mind that while the price matters greatly, your life and your future depend on the skills of the lawyer representing you.
Choose a reputable and experienced DUI lawyer to handle your case and avoid a DUI conviction.
To compare lawyers in Toronto, just fill out the free online form on this page with no obligation.
Can 2nd DUI charges be withdrawn?
The Crown Attorney will not consider dropping or withdrawing charges unless there is compelling reason to believe that there are flaws in the case.
The police can combine DUI offences especially for repeat offenders to ensure a conviction. When such is the case, it becomes more complicated.
If you are thinking about how to get DUI charges dropped, you need to speak to a good criminal lawyer right away. Your lawyer can find solutions that could get a positive outcome.
Whether you are an outstanding citizen or a repeat offender, the Crown will only withdraw charges if your lawyer can prove the case is flawed.
The important thing to remember is not to plead guilty and let your lawyer prepare your defence!
Avoid a DUI conviction with a Criminal Defence Lawyer in Toronto!
As you can see, it is critical to fight 2nd DUI charges in Toronto and elsewhere in Ontario. A conviction will have drastic consequences which will follow you all your life.
Good DUI lawyers in Toronto will work hard to ensure their clients win and avoid the legal implications of a DUI conviction.
So much is at stake, whether it is a first offence or a second DUI. Repeat offenders, in particular, need an expert DUI lawyer to avoid a conviction and guaranteed jail time.
Are you or a family member facing 2nd DUI charges in the Greater Toronto Area? Find an expert DUI lawyer from the JuriGo network today. Your future depends on it!
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