Canadian DUIs carry mandatory criminal records, jail for repeat offenders, and sometimes million dollar lawsuits.

Lengthy driving prohibitions and potential million dollar plus judgments await offenders in cases involving third party injuries.

A sentence of a criminal record is mandatory for all DUI offenders in Canada (no discharges). Jail is mandatory for subsequent convictions. Your insurer can also sue you to recover money paid out for third party losses, which can be millions of dollars.

Mandatory Criminal Code DUI penalties in Canada include:

First Offence DUI

In cases involving no accident or injuries most first time DUI offenders will be sentenced to a fine (around $1000), a one year mandatory driving prohibition in Canada (possibly less if accepted into ignition interlock program), and a criminal record. The criminal record will show up on employment background checks and can only be removed via a record suspension (takes 5+ years).

If there are injuries or property damage, a longer driving prohibition may be imposed (up to three years). Some first time offenders are sentenced to jail even if there is no accident or injury. Just having a high BAC reading can be enough for the Crown to seek a jail sentence in some Ontario jurisdictions.

Second Offence DUI

Second time DUI offenders will receive a minimum 2 year Canada-wide driving prohibition and a minimum of 30 days in jail. Sometimes our clients are able to serve the jail sentence at home (house arrest) or on the weekends (intermittent).

Intermittent sentences allow DUI offenders to serve their jail time on the weekends allowing them to avoid employment disruptions. Whether jail time is served at home or on the weekends is always up to the judge. The judge can also ban the accused from driving for up to 5 years. Some provinces will also suspend your license for three years automatically (including Ontario).

Third Offence DUI or more

The mandatory minimum sentence DUI is 120 days in jail if you have at least 2 prior convictions. You will also be banned from driving anywhere in Canada for a minimum of 3 years. 10 year licence suspensions are also mandatory in some provinces.

In Ontario and several other provinces a fourth conviction will result in you losing your licence for life.

Financial consequences of DUI charges in Ontario: some costs are unavoidable.

If an accused loses their job or obtains a criminal record for DUI, their career earning capacity can be greatly diminished even just for a first time DUI. Many people drive for a living (truck drivers, uber, etc) and immediately lose their income due to driving prohibitions being placed on them.

Below are some other typical expenses those charged with DUI in Ontario usually face:

1. Lawyer fees: $6,000 - $20,000+, fees vary depending on counsel and whether the case goes to trial or not


2. Fines: $1000, or more for repeat offenders


3. Insurance premium increases: $20,000+, your insurance will usually triple for at least 7 years)


4. Education program costs: $1,500+, usually required as part of a deal


5. Interlock car device: $1,000+, if the accused takes a Stream A or B deal

The expenses above can be expected in all cases. In cases involving accidents and injuries to third parties, the financial consequences to the accused can be over a million of dollars.

Third party injury compensation and insurance indemnification costs can be millions of dollars in DUI accident cases.

In cases involving a third party injury you may ultimately be required to reimburse your (or their) insurance company for what they paid to compensate the injured third party. This is because impaired driving is an insurance policy violation that vitiates coverage.

If a third party's future income capacity is diminished because you injured them you may be required to pay your insurance company back what they paid to compensate them, which can easily range from $50,000 to millions of dollars in some Ontario cases.

Isn't that what insurance is for? Won't my insurance pay for their losses?

The insurer will pay but then may come after you for what they paid them.

Provincial insurance law forces your insurance company to pay third parties for their losses (income loss, medical bills, pain and suffering), but then afterwards the insurance company can sue you (the policy holder) for what they paid to the injured third party because impaired driving is a violation of your insurance policy.

The insurer can sue, but will they?

It is always up to the insurer whether they sue to go after you for their losses or not. They will be more likely to sue you if you have been criminally convicted and you have known assets (like a house) they can register a judgment against. If they think they can collect some or all of it from you they will sue you.

If the DUI charges are dropped or you otherwise avoid a finding of guilt it will reduce the likelihood of litigation. Being convicted in criminal court makes it easier for them to sue you.

Since one lawsuit could cost you your entire life savings, counsel should be sought and retained immediately by all accused. If you have been charged with a DUI offence anywhere in Ontario, give us a call today at 647-228-5969 for a no-obligation quote (no legal aid).

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving throughout all of Ontario, Canada.

Have a skilled criminal lawyer who focuses on defending DUI charges protect you and your future from the consequences of a criminal record.




Are you a lawyer? If you are defending a impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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