Legal provisions regarding DUI/DWI in Canada
When it comes to DUI, Canada has very strict legislation. It is illegal to drive or control any vehicle on land, water or air after consuming alcohol or drugs. If you do so, you are liable for punishment under multiple offences according to the Criminal Code, and you risk having your driver license suspended. Section 253 (1) of the code clearly states what constitutes an offense and establishes the BAC limit of 80 milligrams of alcohol in 100 milliliters of blood, as the maximum allowed for someone who is in care or control of a motor vehicle, even when not driving it.
Types of possible punishments under Canadian law:
If you have been found guilty and convicted in Canada for any type of drinking and driving offense, then you will face not only a driving prohibition, but also a fine or a jail punishment as follows:
- After a first offence, 12-month driving prohibition and a $1000 fine
- After a second offence, 24-month driving prohibition and thirty days in jail
- For subsequent offences, 36-month driving prohibition and 120 days in jail.
If the collision did not result in human victims, either fatalities or injured persons, then the maximum penalties are:
- 18 months of jail for summary offences
- 5 years in jail for indictable offences;
If the accident resulted in injured victims, the maximum penalty can go up to 10 years in jail or even a life sentence for fatalities.
Try to remember that, although there are a large number of experienced lawyers specializing in this kind of offence, the punishments you risk are also serious, so the best option you have is still to avoid driving while under the influence of alcohol or drugs.