Typical Penalties For A Second Or Third DUI

Our firm represents a lot of repeat DUI offenders. And the first question people ask is. let’s say this is the second offense second allegation they’ve been convicted five years ago. Well, what am I facing? Well, that’s a very valid question. It’s very serious. So first of all, I like to talk about what the Ministry of Transportation is going to do versus what the course is two different schemes and you’re facing penalties from both. So first of all, for a second time offender, if you’re charged by the police, they’re going to tow your car, it’s going to be kept in an impound for seven days. These are even before your found guilty, there’s going to be a 90 day administrative license suspension, you’re going to have a $550 fine, and there’s mandatory alcohol reinstatement. That’s the end for a person who’s potentially innocent. Once you’re charged, you’re facing those ministry requirements. That’s a given. There’s no way around that. Now, what’s the court going to do if you plead guilty or are found guilty? So, valid question. First of all, you’re a mandatory minimum, 30 days in jail, so that the crown relies on notice of the prior record, the crown says , look, we’re relying on that prior record, you’re facing at least 30 days in jail and it escalates up from there. I mean, that’s the minimum. A lot of times you’re going to be facing a more significant jail term if it’s an aggravated situation. For example, you’re going to lose your license from the court for a minimum of two years but the Ministry is going to take your license for three years they run at the same time, the court can take your license actually from two to five years if they want but bear in mind the minimums two years. So that’s what you’re facing in terms of jail time. And again, I see clients get longer jail time, but the important point to know is sometimes you can negotiate with the Crown not to rely on the prior records. So if you have a prior record within the last five years, the Crown has directives in Ontario, we have to rely on that we have to treat it as a second, we have to at least ask for the mandatory minimum of 30 days if not higher. What if it’s beyond five years? Well, each crowns office is different, but sometimes we can negotiate to wait them relying on that and avoid that jail term. So if there’s some discretion there, but there’s some crowns offices that are pretty mean spirited, they like to rely on records in 10 years or more ago, and again, but if you can point out an issue with the file you may be able to avoid it, or maybe we can get the charge withdraw, if there was a major issue with the file. So beyond that, you’re looking at what’s called stream D ignition interlock, which means if a judge allows you to apply for interlock, and if the Ministry approves you, so nine months from the date you are sentenced, you can get an interlock device on your car and have it on for an additional 18 months. Instead of facing that three-year license suspension that’s automatic so, Stream D is a nice thing to get, if you qualify. Of course, your insurance rates are going to skyrocket. So, there’s all sorts of criminal penalties. There’s a separate scheme for the Ministry of transportation, they get you and the Ministry gets even if you’re not even if you’re innocent. Bear in mind you’ve lost that license right away for 90 days. What happens for a third time or even a fourth time offender? Well, they’re really up against the wall because you’ve got the similar type roadside suspensions, ninety days, towing of the car, and your car’s in the impound I believe for, for 30 days actually, little longer. What if you’re now found guilty and you’ve got two priors and those priors are within five years? Well for sure the crowns going to seek at least a mandatory minimum 120 days. I see some sentences up to six months on these cases because judges are taking it increasingly serious. You’re also going to face a long driving prohibition from the from the court. The court might only take your license though for say three to five years. Or something like that. But I’ll tell you, the Ministry takes it for a lifetime. That’s right. If you have, the Ministry goes back 10 years on their charges. If you’ve got two charges in the last 10 years, you’re facing a lifetime ban after your third conviction. Now that’s reviewable after 10 years, they’ll review it and if you are rehabilitating yourself, you may get your license back after 10 years after some time. Here’s the catcher though. If you get a fourth, another one, again, you’re going to face a mandatory 120 days I dare say that it’s going to be far longer than that. That’s the minimum the ministry is going to take your license for life, you’ll never drive again. This is not reviewable, and the judge is going to treat you very harshly. So, very serious penalties. At least it does help to get a lawyer, hire a lawyer, where often you can often avoid the crown relying on priors and if you don’t, and you’re found guilty, well you have to face the music.

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