What Happens When I Get Arrested For DUI?
When (or if) you get arrested for DUI, you will not have to be found guilty to face some consequences. When you are arrested, the police officer will be allowed to:
- Suspend your permit, and
- Seize your vehicle (depending on the situation).
Furthermore, you will likely be brought to the police station for additional tests and to be asked questions by the officer. Everything that you will say or do could be used as exhibits during the trial.
DUI Canada Lawyer tells you everything you need to know and do when you get arrested for DUI!
What Are The Steps Of A DUI Arrest?
If a police officer arrests you and has reasonable motives to believe that you are driving under the influence, he will be allowed to proceed with your arrest. This does not mean that you are guilty of anything: you will eventually need to go in front of a judge.
1) Directly After The Arrest
Directly after your DUI arrest, the police officer will transport you to a police station. Once you arrive, they will normally conduct additional tests and/or processing.
The main test in such a situation is an approved instrument breathalyzer test. The purpose of this test is to accurately measure your blood alcohol concentration. The results will be the main exhibit in case of legal proceedings.
It is important to know that you have the right to remain silent and the right to an attorney. At the moment of the arrest, the police officer has the obligation to tell you your rights. If not, it could jeopardize the proceedings.
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2) Booking and Processing
At the police station, there will also be a booking process, which is when the police officer will:
- Record your personal information,
- Take your photograph, and
- Take your fingerprint.
Depending on the situation and where you are in Canada, it is possible that you will be held in custody until your bail hearing. That is particularly the case if the police officer has concerns about your likelihood of appearing in court or if you have previous offenses.
3) Bail and Release
During your bail hearing, which is normally held 24 hours after your arrest, the court will decide whether you can be released. If so, it might add certain conditions. To take its decision, the judge will consider:
- Your criminal history,
- The severity of the offense,
- Your ties to the community.
As for the conditions, the judge has a wide discretion. However, for DUI, the main condition will be a restriction on driving and/or consuming alcohol.
4) First Appearance
Then, you will be formally charged with a DUI offense, and a first appearance date will be set. When you are charged, it is crucial to have legal representation. The lawyer will be able to guide you and help you decide the best course of action.
For instance, it might be possible that pleading guilty is the best option for you. In that case, the attorney will be able to negotiate a plea deal with the prosecutor to reduce the consequences.
DUI – What Are The Consequences?
Directly after your arrest, your driver’s licence will be automatically suspended. Depending on the situation, your licence could be suspended for 24 hours to 90 days. Normally, the licence will be valid after the suspension time.
However, you might need to pass certain tests before being able to drive again. It is also possible, if you are not a first-time offender, that your vehicle will be seized by the police.
Consequences If You Are Found Guilty?
Most of the consequences will be applicable only after you are found guilty by a judge. The punishment will be decided while taking into account:
- your blood-alcohol level,
- the circumstances of your arrest, and
- whether you were found guilty of another alcohol-related crime in the past.
The minimum punishment for DUI depends on whether it is your first offense or not. After the second offense, you will face a minimum jail time.
| Offence | Minimum consequences |
|---|---|
| First DUI | $1,000 fine |
| Second DUI | 30 days in jail |
| Third DUI | 120 days in jail |
The judge has the authority to give you a harsher punishment. Indeed, he can give you up to 10 years in jail. Of course, if you injure someone (or even kill someone), the jail time will be longer.
Can I Lose The Right To Drive?
Yes, if you are found guilty of driving under the influence of alcohol or drugs, the judge will likely forbid you to drive during a defined period of time. This period will be called the driving prohibition.
Did You Know? Refusing to take a breathalyzer when ordered by the police will lead to worse consequences than if you were found guilty of DUI.
If you get a driving prohibition, the judge will take away your driver’s licence. Afterwards, the court will inform the SAAQ that you were found guilty. Consequently, your driver’s licence will be cancelled.
During that time, not only will you be prohibited from driving but also from purchasing and or renting a vehicle. This prohibition can be from one to several years, depending on the situation.
DUI Canada Lawyer Helps You Find The Right Lawyer For Your!
You don’t even need to go in front of a judge to feel the consequences of driving under the influence. Therefore, it is important to seek legal representation as quickly as possible to ensure that your rights are respected.
Luckily, with its large network of attorneys in Ontario and in Québec, DUI Canada Lawyer helps you find the right legal representation.
All you need to do is fill out the online form below, and we will take care of the rest for you!