Updated DUI Laws

Driving under the influence (DUI) is a serious criminal offence in Canada, with strict laws and penalties designed to deter impaired driving and protect public safety. Over the years, DUI laws have become more stringent, incorporating new measures such as mandatory roadside testing, harsher penalties for repeat offenders, and updated regulations for drug-impaired driving. Understanding the latest changes to DUI laws is essential for all drivers, as even a first-time offence can carry significant legal and financial consequences.

Legal Limits and Impaired Driving Offences

Under the Criminal Code of Canada, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 80 milligrams of alcohol per 100 millilitres of blood (0.08%) or higher. Additionally, drivers can be charged for impaired driving even if their BAC is below 0.08%, particularly if their ability to operate a vehicle is visibly affected.

The law also includes provisions for drug-impaired driving, with specific limits set for THC (the psychoactive component of cannabis) and other controlled substances. Officers can conduct roadside saliva tests to detect drug impairment, and drivers found over the legal limit face the same consequences as those caught driving under the influence of alcohol.

Stricter DUI Laws and Mandatory Alcohol Screening

One of the most significant updates to DUI laws in Canada is the introduction of mandatory alcohol screening. Police officers no longer need reasonable suspicion of impairment to demand a roadside breath test. This means that any driver pulled over for a lawful reason—such as a traffic stop or random checkpoint—may be required to provide a breath sample. Refusing to comply with a breathalyzer test can result in criminal charges and penalties, including an immediate suspension of your driver’s licence and a fine.

Updated DUI Laws in Canada

The penalties for DUI convictions have been significantly increased in recent years. These penalties apply to both alcohol-impaired and drug-impaired driving.

First Offence:

• Minimum fine of $1,000
• Licence suspension for at least one year
• Possible installation of an ignition interlock device
• Potential jail time if aggravating factors are present

Second Offence:

• Mandatory 30 days of imprisonment
• Licence suspension for at least two years
• Increased fines and mandatory ignition interlock program participation

Third and Subsequent Offences:

• Mandatory minimum 120 days of imprisonment
• Licence suspension for at least three years
• Possibility of a lifetime driving ban

For more severe cases, such as impaired driving causing bodily harm or death, the penalties are even harsher. A conviction for DUI causing bodily harm can result in up to 14 years in prison, while a DUI causing death can lead to a life sentence.

Provincial Administrative Penalties

In addition to federal criminal penalties, provinces and territories impose their own administrative penalties for DUI offences. These can include:

• Immediate roadside licence suspensions
• Vehicle impoundment
• Fines ranging from hundreds to thousands of dollars
• Mandatory participation in education and rehabilitation programs
• Increased insurance rates and driver’s licence reinstatement fees

Some provinces also enforce zero-tolerance policies for specific groups of drivers, such as novice drivers, commercial drivers, and individuals under 21 years old. In these cases, any presence of alcohol or drugs in the system can lead to administrative penalties, even if the driver is below the legal impairment threshold.

Impact of DUI Convictions

A DUI conviction can have long-term consequences beyond legal penalties. A criminal record for impaired driving may:

• Affect employment opportunities, particularly for jobs requiring driving or security clearances
• Restrict international travel, including entry to the United States and other countries
• Increase insurance premiums significantly, making car insurance more expensive or even unavailable
• Impact child custody disputes, as it may be viewed as a risk factor in family court proceedings

Defending Against DUI Charges

Being charged with a DUI does not automatically mean a conviction. There are several legal defences that can be used to challenge DUI charges, including:

• Challenging the accuracy of breathalyzer or roadside tests
• Proving improper police procedures (e.g., failure to inform the driver of their rights)
• Establishing medical conditions or other factors that may have affected BAC readings
• Questioning the legality of the traffic stop or arrest

An experienced criminal defence lawyer can assess the circumstances of your case, identify potential defences, and work towards reducing or dismissing the charges against you.

Why Choose De Boyrie Law for DUI Defence?

At De Boyrie Law, we specialize in defending individuals facing DUI charges. Our legal team has extensive experience in impaired driving cases, helping clients navigate the complexities of the legal system and fight for the best possible outcome. Whether it’s challenging the evidence, negotiating for reduced penalties, or representing you in court, we are committed to protecting your rights and your future.

Schedule a Free Consultation with De Boyrie Law

If you have been charged with impaired driving under Canada’s updated DUI laws, don’t face the legal system alone. Contact De Boyrie Law today for a free, confidential consultation. We will review your case, explain your options, and develop a strong defence strategy to protect your rights and minimize the impact on your life. Call now to get the expert legal representation you need.