In late 2018, Parliament completely changed our DUI laws, resulting in a complete overhaul. This overhaul included more serious penalties pertaining to impaired driving by alcohol or a drug. One critical aspect affected by these changes is the mandatory minimum fine structure for cases involving blood alcohol concentrations of 80 or over milligrams of alcohol in 100 milliliters of blood, and refusal cases.
Pre-Amendment Mandatory Minimum Penalty
Before the amendments, the mandatory minimum penalty was a $1,000 fine for impaired driving, 80 or over and failing or refusing to comply with a breath demand. If you blew 80 or over milligrams of alcohol in 100 milliliters of blood, obtaining the mandatory minimum was often challenging to obtain, especially with higher readings. However, it remained within the discretion of the judge, setting the floor at $1,000.
Post-Amendment Fine Structure (2018)
As of 2019, here is the new structure:
- Breath sample of 80 to 119: The mandatory minimum is still $1,000.
- Breath sample of 120 to 159: The mandatory minimum is now $1,500.
- Breath sample of 160 or over: The mandatory minimum increases to $2,000.
- For refusal cases, the mandatory minimum has also risen to $2,000.
- For impaired by alcohol or drug cases the mandatory minimum remains at $1,000.
These are the revised fine structures for impaired driving, 80 or over, and failing or refusing to comply with a breath demand or approved screening device demand.
For additional insights into the consequences of a second DUI charge, you may refer to A Second DUI Charge Could Impact the Rest of Your Life. To understand the penalties for driving under the influence of drugs, please visit Penalty for Driving Under the Influence of Drugs.
In late 2018, Parliament completely changed our DUI laws. Impaired driving by alcohol or drug. 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, 100 milliliters of 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 $1000 fine. If you blew over 80 milligrams of alcohol and 100 milliliters of blood, it was often difficult to get, the mandatory minimum, especially if you have higher readings, it was within the discretion of the judge. But that was the floor at least 1000.
So now post the amendments in 2018, Obviously, we’re in 2019 now. So here is the new structure. If you provide a breath sample between 80 and 119, the mandatory minimum is still $1, 000. Between 119 and 160, I should say between 119 and 159, it is now $1, 500. And then if you’re, you’re reading as 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 breathalyzer, doxalyzer, or roadside screening device.