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Criminal & DUI Lawyers, including:
Three Former Crown Prosecutors

Consequences Of First Time Impaired Driving Or DUI Charge

I want to talk today about the topic of what you’re facing for a first-time DUI where you blow, say 100 milligrams of alcohol in 100 milliliters of blood up to say 150. I’ll call that kind of a you know, non-aggravated situation—the typical DUI. If you’re referred to one of my other videos, I went through the consequences in general. But, I want to give you this specific example. 

So, if you retain our firm for that particular case, what would happen is this: first of all, we see if you have a winning case and we try to, you know, win that case if we can. But, let’s assume that your case is not winnable. So, it’s our job to negotiate the best result possible. We would have to meet with the Crown and you know, perhaps meet with a judge as well at a judicial pre-trial if we need to, to get things approved.

What would we be able to do? Depending on the county, you’re going to be facing a mandatory minimum fine of $1,000 first of all, in every county. But some counties have higher fine structures than the other. So, in this particular case, I will say depending on the county you’re facing, a fine of $1000 to $1,500, you’re facing a mandatory victim fine surcharge which is kind of a victim slash fund in Ontario of 30% on top of that. 

You’re going to be losing your license automatically for one year—that’s the mandatory minimum. Usually, you’d be able to negotiate that. The judge should likely with negotiation with the Crown on a joint submission approve you or at least not oppose your application for stream A ignition interlock. Which means, if you plead guilty within 90 days of the, of the offence, that it, actually 89, the Ministry tells you 90 but you really need to do it by day 89. We have found that, a lot of lawyers don’t know that. So, we’ll call it day 89 that you need to plead guilty. You’re going to face another three-month suspension. At that point, you’re then going to be able to put an interlock hopefully on your car after three months. But you have to drive with that interlock on at all times to be alcohol free. You’ll have to blow into it before you start your vehicle and sometimes it’ll come on even when you’re driving you have to provide a breath sample. 

Your insurance rates are likely to go through the roof. You’re going to receive a criminal record as well and you know, there’s a stigma in employment situations of course with criminal records—a lot of negative repercussions. The overall cost of this, and this doesn’t include lawyer fees, I’ve read on certain websites that you know, with insurance and all the ramifications, back on track program which is an alcohol awareness program you have to take with the Ministry, when you add it all up, different websites will tell you it could cost and depending on the situation and your insurance twenty to twenty-five thousand dollars it could add up to over a number of years.

So, very significant repercussions. This is why it pays to hire a lawyer. Either A) to negotiate the best result we can for you, or B) hopefully to win your case if there’s a defence. And there often are, in these types of situations, because the police and prosecutors do make mistakes.

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