A DUI or driving under the influence charge is one of the most serious offences in Canada with consequences that can follow you throughout your life. A DUI conviction means a lot more than just paying fines or spending some time in jail. Multiple aspects of your life can be affected making it very difficult to move on in life after a DUI conviction. Is this news to you? If so, what are other things that you must know about impaired driving and DUI in Canada? Continue reading about them below.
You Can Be Stopped and Tested Even When You Are Not Operating A Vehicle
Most people think that laws concerning driving under the influence or impaired driving requires that the person should be actively operating a vehicle, but that is not true. Sitting on the driver’s seat in a parked vehicle while intoxicated is enough to be asked to step out and take a test. Since the end of 2018 when the House of Commons Bill 46-C came into implementation, people observed to be intoxicated can be asked to be tested within a 2-hour period after they were observed to be in a vehicle. This means that if you went for a drink with a friend and was seen by an officer while walking towards your vehicle, that officer has a legal reason to ask you to submit to a test. Note that getting a BAC of 80 milligrams in these tests can lead to an arrest, the same as refusing a test.
Do you know that a DUI conviction is a criminal conviction? A conviction for a DUI is a criminal conviction and not a summary conviction.
What Happens if Indicted for a DUI?
Someone with a first conviction will have a different outcome to someone who has previous DUI convictions. A fine is expected along with some jail time. The court may order that your vehicle should be installed with an ignition interlock and may also require you to attend a program for substance abuse rehabilitation. As for driving in the future, a medical evaluation may be needed.
Is It Possible to Lose Driving Privileges?
Losing driving privileges is usually only for a short period of time unless someone has repeat convictions for which the suspension of license will be much longer or even permanently. Once the requirements for license restoration are met, the privilege to drive will be restored. Your DUI lawyer will be able to give a realistic view of what to expect based on your history and other legal matters.
Will A DUI Conviction Remain on Record and Show Up On Background Checks?
How long a DUI conviction remains on record varies between Canadian provinces. It remains on record for 3 years in Ontario starting from the date of conviction. The conviction will show up on criminal background checks because it falls under a criminal conviction. This will affect insurance, future employment, borrowing, and possibly more which can mean difficulty getting loans, having to pay higher insurance premiums, and having a hard time finding work. Arrests that do not lead to a conviction are unlikely to come up on any background checks.
If arrested, it is best to hire a criminal defense lawyer with a great track record of defending DUI charges. Never take a DUI charge lightly. You must do all that you can to avoid a conviction. If you need a DUI lawyer in Toronto, contact Calvin Barry.