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Changes to DUI Fine Structure

Video Transcript

In late 2018, parliament completely changed our DUI laws – our impaired driving by alcohol or drug [laws]. It’s a complete overhaul of those laws. And one of the issues that has been affected by that is our mandatory minimum fine structures for ‘over 80’ cases – over 80 milligrams of alcohol – so blood cases, and for refusal cases.

And I just want to review that with you briefly. So before the amendments, the mandatory minimum penalty was a $1 000 fine, if you blew over 0.80 milligrams of alcohol in 100 milligrams of blood. It was often difficult to get the mandatory minimum – especially if you get higher reading. It was within the discretion of the judge.

But that was the floor, at least 1 000. So now, post-the-amendments in 2018 and obviously we’re in 2019 now. So here’s the new structure. If you provide a breath sample between 80 and 119, the mandatory minimum is still 1 000. Between 119 and 159, it is now $1 500. And then, if your reading is 160 or over, it goes up to $2 000.

Now, for refusal cases, the mandatory minimum has now risen to $2 000. So there you have it. Those are the new fine structures for over-80 cases, and refusing to comply with a breathalizer, intoxilizer, or roadside screening test.

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