Maureen Currie is an experienced lawyer in impaired or driving over 80 offences in the Milton, Mississauga, Hamilton, Oakville, Burlington, Niagara Region, Brampton areas.
If you have been charged with Impaired Driving often referred to as DUI or charged with Driving with an Alcohol level of over 80, the ramifications to you are extremely serious – if you are found guilty.
For a first time offender, for drinking and driving charge – which include driving under the influence, impaired driving and blowing over 80, you could be facing:
- • Criminal record (this can impact employment opportunities and your ability to travel outside of Canada;
- • Fines of $1,000 or more;
- • Driving Prohibition on any street, road, highway or any public place for 1 – 3 years;
- • Installation of Ignition Control device in any motor vehicle you operate for 12 months. The cost of this device is in the range of approximately $125.00 per month;
- • Requirement to complete the Back on Track course program. The cost of this program is in the range of $500.00;
- • Extremely high surcharges for car insurance (can be 4 to 5 times your current rate).
This area of law is complicated and requires knowledgeable and experienced counsel.
The penalties become more severe for subsequent offences including mandatory jail time. It is in your best interest to get legal representation.
Penalty for Refusing to provide a sample
Many of the penalties associated with refusing to provide a sample are the same as they are for impaired driving, and can be found under section 255 of the Criminal Code. See the criminal code penalty chart
For a first conviction, the mandatory minimum penalty for refusing to provide a sample or impaired driving is a $1,000 fine. If you receive a second conviction for either refusing to provide a sample or impaired driving, there is a mandatory minimum penalty of 30 days in jail, and a further mandatory minimum of 120 days in jail for each subsequent offence. The maximum penalty for refusing to provide a sample is 18 months in jail upon summary conviction, and a maximum of 5 years in jail where the offence is prosecuted by indictment. Where a person is convicted of refusing to provide a sample, and where the operation of the motor vehicle caused an accident resulting in bodily harm or death to another person, the maximum penalty is life imprisonment.