Losing your licence because of a drinking and driving conviction can have a significant effect on your life. The consequences of a conviction can be disastrous financially – not only do you lose your driver’s licence, but you will have to pay a significant fine and your insurance company will likely cancel your policy. You will have to pay increased insurance rates. You will likely have to pay the costs associated with installing an ignition interlock device on your vehicle. But by far, one of the most significant consequences is that if you are found guilty of the charge you will get a criminal record. If it is not your first offence, you face the very real prospect of going to jail if convicted a second time.

If you are not a Canadian Citizen, as a result of changes to the legislation that came into effect December 18th, 2018 you can be subject to removal from Canada if convicted. There are significant immigration consequences to permanent residents.

The Minimum Penalty In Ontario For A First Offence Is:

  • Driving prohibition for a minimum of one year
  • A fine of no less than $1000
  • Participation in the “Back on Track Course”
  • Installation, at your cost, of an Ignition Interlock system (an alcohol screening device) in your vehicle for one year

    • However, if the conviction is for “80 or over” (s. 320.14 (1)(c)), the minimum penalty depends on the readings.

  • If, 80-119 mgs - $1,000
  • If, 120-159 mgs-$1,500
  • If, 160 or > - $2,000

    • If convicted of Failing or refusing a demand under s. 320.15(1) is $2000.

The Minimum Penalty In Ontario For A Second Offence Is:

  • Driving prohibition of not less than two years (MTO will suspend for longer if not eligible for Stream D)
  • Participation in the Back on Track course
  • Installation of an Ignition Interlock Device in your car for three years (unless you are eligible for Stream D)

Brampton Drinking & Driving Lawyer | Michelle Johal

There are significant penalties associated with being found guilty of a drinking and driving related offence. But a significant number of charges do not result in convictions. This is because the Crown may not be able to prove the case against you.

Drinking and driving cases are incredibly complex and there are a large number of rules that the Crown and police must properly adhere to in order to prove the case against you.

Brampton criminal defence lawyer Michelle Johal has acted for many clients charged with drinking and driving offence that could not be proven in court. A number were dismissed for a variety of reasons. In some cases, the Crown recognizes they have problems proving their case and they accepted a plea to a charge of careless driving under the Highway Traffic Act.

Do You Require Legal Representation?

Call Criminal Lawyer, Michelle Johal.

(416) 824-3584

Practice Areas

Michelle Johal Practices Exclusively In The Area Of Criminal Law.

Discuss your case in confidence

It is located a short distance from the A. Grenville and William Davis Courthouse located at 7755 Hurontario in Brampton. It is located across from the Tim Horton’s on County Court Blvd, and is a large commercial building with ample parking. We can be located on the 6th floor at County Court Law Chambers.

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