In Canada, driving under the influence is a serious offense. The effects of a conviction can stay with you for years. Things can quickly become convoluted, far from being a simple matter of paying a fee and moving on with your life. DUI lawyers will not only assist you with your case, but they will also educate you on how the laws work and what may happen long after you have been convicted.
You Don’t Have to Be Operating a Vehicle to be Stopped and Tested
Many people believe that to be charged with impaired driving or driving under the influence, and one must actively drive a car. That isn’t the case at all. You may be listening to music in the driver’s seat of a parked car. You may be inebriated and about to open your automobile door. An officer can ask you to consent to a test if there is probable cause.
When it comes to requiring a test, officers now have more flexibility. Bill 46-C of the House of Commons went into force at the end of 2018. The bill’s provisions provide a two-hour window during which you can be tested. So even if you don’t get behind the wheel, this is true.
Consider this instance: you and a friend decide to go out. The plan is for your pal to be the designated driver. Recognizing that, you have a few drinks. Although you seem sober and do not intend on driving, a police officer sees you leave the bar as well as walk to a vehicle with your friend. You have a BAC (blood alcohol content) of 0.08, or 80 milligrams of alcohol per 100 milliliters of blood, which necessitates a test. That results in an arrest.
Remember that refusing to take the test will result in your arrest. You’ll get another chance to take the test at the station. If your blood alcohol concentration (BAC) is more than 0.08, your problems are only beginning.
Is a DUI Considered a Criminal Conviction or a Summary Conviction?
A DUI conviction is a criminal as opposed to a summary conviction. Keep in mind that there are no grounds for further activity until it’s confirmed that you are over the legal limit.
What Happens if I’m Charged?
What happens next is determined by whether this is your first DUI or impaired driving conviction or whether you have previous ones. Expect a monetary penalty of some sort. You may have to serve time in prison. Your vehicle may be required to have an ignition interlock device installed by the court. Completing a substance abuse treatment programme is frequently necessary. There might likewise be a medical examination to determine whether you will be sanctioned to drive in the future.
Will I Lose My Driving Privileges?
There’s a good probability you’ll lose your driver’s license for a while. Your privileges may be revoked for a term of 30 days or longer by the court. Depending on the circumstances, you may be required to meet all of the court’s conditions to restore those privileges. Repeat offenders may face permanent loss of privileges.
Based on your prior criminal history and the severity of the current case, a DUI lawyer can indicate what to expect. Remember that your legal counsel can provide you with a possible conclusion based on legal precedents and current legal needs.
For How Long Will the Conviction Remain on My Record?
The amount of time the sentence will continue to be on your record varies slightly from region to region. For example, in Ontario, you can anticipate it existing on your driving document for 3 years, beginning with the date of the conviction.
Will It Show Up on Background Checks?
Because driving while intoxicated is a criminal offense, it will show up on any criminal record check. A prospective employer, a lender, or an insurance provider may order a background check. DUI or impaired driving arrests that did not result in a conviction is unlikely to appear on a background check.
Could a Conviction Affect My Chances for Employment?
It’s feasible. Depending on the setting you’re looking for, the employer might consider any criminal conviction premises for incompetency. However, when the job does not require driving or managing proprietary information, the employer may not consider a conviction a breach of the transaction.
What Happens to My Insurance Premiums?
If you are convicted, you should expect an increase in your auto insurance premiums. The provider may drop you entirely in some situations. While high-risk vehicle insurance companies will cover you, the premiums will be more than you are used to paying.
Certainly anticipate your automobile insurance coverage premiums to increase if you’re convicted. Sometimes, the carrier might drop you. While there are risky automobile insurance service providers that would cover you, those costs will certainly be more than you’re utilized to paying.
Never take a DUI or impaired driving arrest lightly. Seek a piece of advice from an impaired driving lawyer as soon as possible. Doing so will assist you in determining what legal defenses are available under existing laws.
551 Gerrard St E Suite 1A
Toronto, Ontario M4M 1X7
Phone: (416) 816-4848
$000 – $000