Many of our clients who initially contact us are very stressed about potentially facing a jail term on a first time DUI or impaired driving. Are there any situations where you could be facing a jail term?

First of all, the normal situation on a standard DUI, first time offender, no prior record, is you won’t face a jail term. You will face mandatory minimum fines and certain driving suspensions depending on the nature of the case. There are situations unfortunately, on a simple impaired driving and these situations involve if you are in an accident on a major 400 series highway in the province. There’s many judges who will give a short jail term. Your lawyer may be able to negotiate that to avoid it but it is something to keep in mind.

Another situation that it’s very aggravated, there’s children, you have your children or other children in the car and you are involved in impaired driving, perhaps high readings. Many judges will think about a short jail term there as well. So you want to try and negotiate that. So those are two typical situations where you could be facing a jail term but on most typical standard first time offender’s DUI , you’re going to not, you’re not going to jail. You are going to face fines and a mandatory minimum driving prohibition.

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