DUI Criminal Offence in Canada: The Definite Guide

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Do you want to know more about DUI criminal offence in Regina, Canada? No need to worry. In this article, we have explained the most resourceful information for our readers. These days, Motor vehicle accidents are becoming more and more common worldwide. And one of the leading causes of motor vehicle accidents is when someone drives their car under the influence of any intoxicants.

However, if you are found influenced by any sorts of intoxicant substances while driving your car, the consequences may be very serious because it is a very serious criminal offence in Canada. Today, we will know everything about driving under the influence (DUI) criminal offence in Canada. Keep reading the entire article to learn more.

Is DUI a Criminal Offence in Canada?

Yes, impaired driving or DUI is a very serious criminal offence in Canada.

If you have been convicted of drinking and driving (DUI), you should be aware that since 1921, Canada has treated DUI as a federal crime. The criminal offense of driving a car while under the influence of drugs or alcohol is referred to as “impaired driving” in Canada. The most frequent kind of criminal charge in the country is a DUI offense.

If your blood alcohol level above 80 milligrams of alcohol per 100 milliliters of blood, it is illegal under the Criminal Code (.08).

What Exactly is DUI Criminal Offence?

The abbreviation DUI refers to driving under the influence. When someone drives their car under the influence of any intoxicant substances, it may result in a very serious vehicle accident. That is why it is considered a fatal criminal offence in every part of Canada.

If someone is convinced of DUI criminal offence, they may need to go through some serious penalties or even imprisonment. There is a certain alcohol level in your blood; it will be a punishable criminal offence if that level exceeds the normal level.

How Do the Police Find Out About DUI?

There are certain ways or procedures by which police inspect whether someone is driving under the influence of drugs or not. First and foremost, there is a common type of physical coordination test, and this is a very effective way to find out whether a person is under any sort of intoxicant or not.

Sometimes police can also understand the DUI by observing the driver’s movements. In some cases, the smells of the alcohol also refer to the DUI. If you are found to be a suspect, then you may need to go through a breathing test. Sometimes, a medical professional does this type of test to get the result with certainty.

Know about: DWI vs DUI

What If You Drive Your Car Under the Influence of Intoxicant Substances?

The consequences of driving under the influence of a drug or any other substance can be very serious. All cases and situations are different and unique. That is why the punishment will also depend on the severity of the circumstances.

But there is a general rule; if you commit DUI, you may get arrested by the police. And if you are found positive in the breathing test, your license may get suspended for 90 days. In some cases, your license suspension time can get increased from 6 months to a lifetime when you repeatedly violate traffic rules.

What If You are Convicted of a DUI?

As you know, driving under the influence is a very serious criminal offence. And it is a punishable offence in Canada. However, each province has its own rules and regulations for the punishments and the penalties.

So your location will also determine what consequences you may go through after being convicted of a DUI. But usually, you may have to go through some sort of rehabilitative course. When the police officers do not get sufficient reasonable grounds to Pursue a breathing test, in that case, your case will go through a trial.

What If Your Blood Alcohol Level is Below the Limit?

Let’s say you have given your blood sample to the police, and the report result is 0.08g which is a considerable amount. In such cases, would you still be held into account? Well, this will basically be subject to the situation.

In some cases, you may have to go through some sort of penalties for driving under the influence. The penalties may include driving license suspension for a period of time or fines. The considerable blood alcohol level may vary from province to province.

But generally, it is 0.08g or 80 milligrams of alcohol in 100 millilitres of blood. Therefore, if you drive your car with a BAC (blood alcohol content) of 0.08 or more than this, it will consider a very serious criminal offence.

Penalties for Impaired Driving or DUI

As you have known so far, the Canadian government has very rigid and strict punishment for impaired driving. The Canadian government introduced a new act called the Tackling Violent Crime Act in recent years. In that act, the punishment for impaired driving is increased.

For the first-time offence, the increased amount of fines is $1000. After that, you may need to go through 30 days of imprisonment for the second time offence. If you are found guilty for the third time, the punishment will increase to 120 days in jail.

Check: Dui Alberta

What Will Happen if You Have Prior DUI Records?

There are a number of things that can happen if you have prior DUI records. First and foremost is, you may need to go through a background check. If you are found guilty for the second or third time, you may need to go through imprisonment for a period of time.

In some cases, when they will decide to do a background check, you may also lose your current job. That is why it is very important to keep your DUI records clear. Or else, you may have to face some serious consequences.

FAQs: DUI Criminal Offence in Canada

We often get queries related to DUI criminal offences in Regina, Canada. People often get confused during cases we handle regularly. We thought our readers at Criminallawyerregina.ca also may face difficulties with those queries. So, we have collected all the most frequently asked questions and answered them in the below section.

Is a DUI in Canada a Criminal Offence?

Yes, impaired driving or DUI is a very serious criminal offence in Canada. Because when you drive under the influence of anything, you may risk your own life and probably others. That is why it is a punishable criminal offence in Canada.

What is the Punishment for DUI in Canada?

In recent years, the punishment for DUI is increased in Canada. Even though the punishment will depend on the nature of the crime and the event, you may need to pay $1000 of a fine if you are found guilty for the first time. You may need to face 30 days of imprisonment for the second time. And finally, for the third time, 120 days of imprisonment.

Can You Go to Jail for DUI in Canada?

Yes, you can go to jail for DUI in Canada. If you drive your car under the influence of any intoxicant, the first punishment would be a fine of $1000. For the second or third time offence, you have to go through imprisonment for a certain period of time.

Should I Tell My Employer I Got a DUI?

Generally, there are no specific rules that state that you need to tell your employer about the DUI. But if it was required in the employment contract, you should disclose your DUI. In such cases, if you hide the DUI with your employer, it will violate the employment contract.

How Serious is a DUI?

DUI or impaired driving can be a very serious criminal offence in Canada. The Canadian government has very rigid and strict policies and punishments for violating traffic rules. Because when you are unconscious and drive your car on the public road, it may be very risky for you and the other people on the road.

How Long Are You Banned from Canada If You Have a DUI?

If you are found guilty of DUI, you may get banned from Canada for 10 years. The government of Canada also can imply much stricter punishment in this regard. For example, imprisonment for a decade or more than that.

Bottom Line: DUI Criminal Offence in Canada

Dealing with DUI or impaired driving cases can be very complex and complicated. You can also apply for a pardon after paying the fine in some cases. In order to do that, you need to begin an application process. As a result, you may have to gather some important documentation and paperwork.

If you find this application process confusing to you, you can seek help from a professional DUI lawyer. An expert lawyer can assist and guide you in the entire application process. We hope that this writing helped you to understand the very basics of the DUI Criminal Offence in Canada.