A conviction for a drinking and driving charge will result in a criminal record, the loss of your licence, a fine or a jail sentence, and increased insurance costs. For most drivers, fighting the charges is the only option. When you find out more about what the consequences of conviction are, you'll understand why.
Topics
What are the penalties for impaired driving offences?
Could an impaired driving conviction effect my ability to travel?
What effect will an impaired driving conviction have on my insurance?
What are the penalties for impaired driving offences?
Severe...
For a first offence: a minimum fine of $600, plus the victim fine surcharge; a minimum one-year driving prohibition. In some provinces (for example in Alberta), that period may be reduced to three months if you install an alcohol ignition interlock device.
For a second offence: a minimum jail sentence of 14 days; a minimum three-year driving prohibition.
For a third offence and subsequent offences: a minimum jail sentence of 90 days; a driving prohibition of at least three years; in British Columbia, a lifetime suspension.
NOTE: Driving prohibitions apply 24 hours a day, seven days a week throughout Canada. The court-imposed (Federal) driving prohibition runs concurrently with the Provincial licence suspension. The Province may suspend your licence for an even longer period than the court-imposed prohibition. While prohibitions and suspensions normally commence upon conviction, it is possible that the Province, prior to you going to trial, may suspend your licence.
And Getting More Severe...
Increasingly stiffer penalties: Under amendments to the Criminal Code that took effect on July 1, 1999, the minimum fine for a first offence was raised to $600 from $300. The amendments also extended the length of the court-imposed driving prohibition.
Twice the legal limit: The amendments say courts should impose a harsher penalty on drivers who register a blood alcohol level in excess of 160 mgs. per-cent, that is, over twice the legal limit.
United States residents: under a reciprocity accord, some U.S. driver's licence will be suspended following a conviction for drinking and driving in Canada; the Provincial Ministry of Transportation will notify the licensing authorities in other States of convictions registered against a resident.
Criminal Code Penalties for Impaired Driving Offences
Effective June 30, 2000
| Offence | Penalties | |||
| Driving While Impaired, BAC Over 80 mg%, Refuse to Provide Sample | Prohibition from Driving | Fine | Jail | |
| 1st Offence | Summary | 12* to 36 months | $600 - $2000 | 0 - 6 months |
| Indictment | 12* to 36 months | $600+ | 0 - 5 years | |
| 2nd Offence | Summary | 24 to 60 months | up to $2000 | 14 days -6 months |
| Indictment | 24 to 60 months | no maximum | 14 days -5 years | |
| 3rd Offence | Summary | 36 months to Life | up to $2000 | 90 days -6 months |
| Indictment | 36 months to Life | no maximum | 90 days -5 years | |
| Impaired Driving Causing Bodily Harm | Prohibition from Driving | Fine | Jail | |
| Indictment | up to 10 years | no maximum | up to 10 years | |
| Impaired Driving Causing Death | Prohibition from Driving | Fine | Jail | |
| Indictment | up to 10 years | no maximum | max life imprisonment | |
| *Reducible to a minimum 3 month prohibition if an ignition interlock is installed (only where program available). | ||||
NOTE: You may be permitted to drive after 3 months if an ignition interlock is installed (only where program available).
If I plead guilty or am found guilty, will I have a criminal record? How can a criminal record affect me? (top)
Yes, a permanent one. While a pardon is eventually possible, more and more politicians are saying that legislation will be changed so that pardons no longer erase convictions for drinking and driving.
Limiting Your Opportunities
A criminal conviction can prevent you from getting a job in your chosen field. You could be prevented from getting a job as a teacher, police officer, banker, lawyer or government employee. It may also prevent you from taking post-secondary education programs such as nursing.
Even if you are eligible to work in your profession with a criminal conviction, it is unlikely that many employers will hire you if there are other candidates who do not have a criminal record.
Repeat Offender
If you do get charged a second time with impaired driving, you are now a repeat offender. The Prosecution will rely on your prior criminal record to seek stiffer penalties.
Police Records
When you are charged the police take fingerprints and a photograph of you. If convicted, the RCMP retains them. If you are found not guilty, or plead guilty to a lesser (non-criminal) offence, you should request that your fingerprints and photograph be removed from RCMP records. A qualified criminal defence lawyer will know how to do this for you.
Could an impaired driving conviction effect my ability to travel? (top)
Yes. Many countries are tightening up their borders and refusing entry to people with criminal records.
Entry to the US
While a criminal conviction for some offences will bar you from traveling to the US, a conviction for impaired driving should not.
If you are planning a trip to the U.S., carry a certified true copy of the information (court document) relating to the impaired driving conviction and a copy of the Criminal Code section under which you were convicted. It would be wise also to have a letter from your doctor stating that you are not addicted to alcohol or drugs. If available, bring a certified true transcript of the evidence underlying your conviction as well.
Canadian Citizenship
If you are a landed immigrant, it could effect the time you have to wait for citizenship. If you are here on a student visa, temporary work permit, or if you are a landed immigrant, you may be deported.
What effect will an impaired driving conviction have on my insurance? (top)
Private insurance carriers
Motor vehicle insurance rates often skyrocket after an impaired driving conviction. Many times, only a high-risk insurance company, charging double the normal rates, will insure a convicted impaired driver, and they will add a 50 per-cent surcharge on top of that. For example:
|
Regular-rate (pre-conviction): |
$1,000.00 |
|
High Risk rate: |
$2,000.00 |
|
Plus 50% surcharge: |
$1,000.00 |
|
New rate (post conviction): |
$3,000.00 |
The surcharge stays in effect for three years following the date of conviction, but you could pay the high-risk rate for three to six more years.
Public insurance carriers
Under some provincial insurance plans, drivers are charged driver penalty points (DPP) whenever they are convicted of a driving offence (e.g. speeding or impaired driving). A DPP premium is assessed once a year, calculated according to driving offences committed during the 12-month period that ends five months before your birthday. The bill for the DPP premium you owe is sent to you approximately four weeks before your birthday. The bill may also include driving offences committed during an earlier period that have now been recorded on your driving record. The driver penalty point premium that you need to pay depends on your total number of points in the applicable 12-month period. The can add up to thousands of dollars.
NOTE: If you are involved in an accident and are convicted of impaired driving, your insurance company will not cover any damages you suffer as a result of the accident. Driving while impaired voids the insurance contract. They may also try to collect from you any money that they pay out to other people involved in the accident.
