Is Driving Under The Influence A Criminal Offence?

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Dec 09
Impaired / Over 80

Driving under the influence of alcohol or drugs can result in serious consequences, regardless of whether someone receives the penalty of a fine or imprisonment in jail.

The Canadian Criminal Code makes it an offence to drive while impaired by alcohol or a drug and makes it an offence to drive with a Blood Alcohol Concentration 80 milligrams of alcohol or greater in 100 millilitres of blood. The minimum punishment for DUI, driving while high, or driving on drugs is the same whether prosecuted as a summary or an indictable offence: for a first offence, a minimum fine of $1,000.00; for a second offence, imprisonment for a minimum of 30 days; and for each subsequent offence, imprisonment for a minimum of 120 days.

One serious difference between whether the crime is prosecuted as a summary offence, or an indictable offence is the maximum penalty. If the crime is prosecuted as a summary offence, the maximum punishment is imprisonment for 24 months in jail. If the crime is prosecuted as an indictable offence, the maximum punishment is imprisonment for 5 years.

Causing bodily harm to another person as a result of impaired driving or while driving equal to or over the legal limit can only be prosecuted as an indictable offence. If convicted of impaired driving causing bodily harm or driving with a blood concentration equal to or over the legal limit causing bodily harm, the maximum penalty is imprisonment for 10 years.

Causing death of another person as a result of impaired driving or while driving with a blood concentration equal to or over the legal limit is also prosecuted as an indictable offence. The maximum punishment for such a conviction is life imprisonment.

These are serious matters that can affect your life and reputation for many years, whether the punishment is jail time or simply a fine. If you have been charged with a DUI or driving while high, contact Lockyer Zaduk Zeeh for assistance. We are experienced DUI lawyers, and work tirelessly to help our clients avoid the serious consequences of a DUI conviction.