What Are The Differences Between A First And A Second DUI?
When you are arrested for the first time for a DUI, the consequences are particularly severe. However, for a second time, the consequences will be far worse. Not only will the vehicle be automatically seized but you will face jail time.
The consequences will occur directly upon your arrest and when you are found guilty by a judge. This second offence must be perpetrated within the ten years following the first infraction.
Understand the differences between a first and a second DUI with this article from DUI Canada Lawyer!
What Are The Consequences Of A First DUI?
When you are arrested for the first time, the consequences are separated into two different categories:
- The consequences upon arrest, and
- The consequences following a criminal conviction.
Some consequences do not need a criminal conviction. Indeed, upon arrest, the police officer will have the power to impose punishment.
Consequences Upon Arrest
If you are arrested by a police officer for DUI, your driver’s licence will automatically be suspended for a period between 24 hours and 90 days, depending on the situation.
It is also possible that the police officer seizes your vehicle for a period of 30 days. This will notably be the case if you are arrested with an alcohol concentration over double the limit, namely 160 mg of alcohol per 100 ml of blood.
Consequences Following A Criminal Conviction
Depending on the charges, you might face different penalties if you are a first-time offender and you are found guilty of driving under the influence.
| Charge | 1st Offence |
|---|---|
| Alcohol-impaired driving OR having a blood alcohol concentration (BAC) at or over 80 mg per 100 ml of blood within 2 hours of driving | Minimum: $1000 fineMaximum: 10 years imprisonment |
| Drug-impaired driving OR having 5 ng or more of THC per ml of blood, 5 ng of GHB per 1 litre of blood OR any detectable level of LSD, psilocybin or any other illegal drug within 2 hours of driving | Minimum: $1000 fineMaximum: 10 years imprisonment |
| Having a BAC of 50 mg per 100 ml of blood AND 2.5 ng of THC per 1 ml of blood within 2 hours of driving. | Minimum: $1000 fineMaximum: 10 years imprisonment |
| Refusal to comply with the demand for sample | Minimum: $2000 fine |
| Drug-impaired driving with summary conviction | Maximum: $1000 fine |
| Impaired driving causing bodily harm | Summary conviction: maximum of 2 years imprisonment less a day.Indictment: Maximum 14 years imprisonment |
| Impaired driving causing death | Maximum life imprisonment |
| First offence + BAC between 80 and 119 mg | Mandatory minimum $1000 fine |
| First offence + BAC between 120 and 159 mg | Mandatory minimum $1500 fine |
| First offence + BAC of 160 mg or more | Mandatory minimum $2000 fine |
Furthermore, you will also have punishments under the Highway Safety Code. Other than a 1-year prohibition from driving, the following consequences will apply:
- Licence revocation for a period between 1 and 3 years (or longer),
- Program to assess and reduce the risk of impaired driving,
- Alcofrein program, and
- Mandatory alcohol ignition interlock device.
Because DUI is a criminal offence, you will also have a criminal record. This will cause additional fees and consequences, such as travel restrictions. With a criminal record, it might be more difficult to get an apartment if you are looking to rent.
What Are The Consequences For A Second DUI?
If you are arrested a second time for drinking under the influence in a period of ten years, the consequences will be slightly different and more severe.
Consequences Upon Arrest
Directly upon arrest, your driver’s licence will be suspended for a period of 90 days. Your vehicle will be seized and impounded for 90 days, regardless of your blood alcohol concentration.
For a second arrest, you will also have to participate in the Program to assess and reduce the risk of impaired driving. However, this is not mandatory, and the decision of the police officer will depend on the situation.
Consequences Following A Criminal Conviction
As for the first offence, the main consequences will happen following a criminal conviction by the judge.
| Charge | 1st Offence |
|---|---|
| Alcohol-impaired driving OR having a blood alcohol concentration (BAC) at or over 80 mg per 100 ml of blood within 2 hours of driving | Minimum: 30 days imprisonmentMaximum: 10 years imprisonment |
| Drug-impaired driving OR having 5 ng or more of THC per ml of blood, 5 ng of GHB per 1 litre of blood OR any detectable level of LSD, psilocybin or any other illegal drug within 2 hours of driving | Minimum: 30 days imprisonmentMaximum: 10 years imprisonment |
| Having a BAC of 50 mg per 100 ml of blood AND 2.5 ng of THC per 1 ml of blood within 2 hours of driving. | Minimum: 30 days imprisonmentMaximum: 10 years imprisonment |
| Refusal to comply with the demand for sample | Minimum: 30 days imprisonmentMaximum: 10 years imprisonment |
| Drug-impaired driving with summary conviction | Maximum: $1000 fine |
| Impaired driving causing bodily harm | Summary conviction: maximum of 2 years imprisonment less a day.Indictment: Maximum 14 years imprisonment |
| Impaired driving causing death | Maximum life imprisonment |
| First offence + BAC between 80 and 119 mg | Mandatory minimum $1000 fine |
| First offence + BAC between 120 and 159 mg | Mandatory minimum $1500 fine |
| First offence + BAC of 160 mg or more | Mandatory minimum $2000 fine |
You will also be prohibited from driving a vehicle for a minimum period of 2 years. Your driver’s licence will be revoked for at least 3 years. Nonetheless, the judge has discretion to extend the revocation.
The judge will also impose on the criminal a prohibition from registering, acquiring, renting or leasing a vehicle, or putting a vehicle into operation under his name. Lastly, the alcohol ignition interlock device will be imposed for life. However, it will be possible to apply for its removal after 10 years.
Need A Lawyer? DUI Canada Lawyer Is There For You!
Whether it is your first or second offence, the consequences are severe. It is therefore important to be sure that you have a good defence and that your rights are protected during the process.
To do so, the best alternative is to communicate with a lawyer specialized in DUI. The attorney can negotiate a plea deal for you (if this is the best option) and represent you in front of the court
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