What is the mandatory minimum penalty for a first DUI in Canada?
A first impaired driving offence carries a mandatory minimum fine of $1,000 for a BAC of 80-119 mg per 100 mL, $1,500 for 120-159 mg, and $2,000 for 160 mg or higher (or for refusing a breath sample). There is no mandatory jail on a first offence, but a driving prohibition of 1 to 3 years is mandatory under the Criminal Code.
Is jail mandatory for a second DUI in Canada?
Yes. A second impaired driving conviction carries a mandatory minimum of 30 days in jail, and a third or subsequent conviction carries a mandatory minimum of 120 days. These minimums are set by s.320.19 of the Criminal Code and a judge cannot go below them.
How long is the driving prohibition for impaired driving?
The federal prohibition is 1-3 years for a first offence, 2-10 years for a second, and 3 years to life for a third or subsequent offence. This is separate from the provincial licence suspension, which is administered by your province's motor vehicle authority and can be immediate.
Does refusing a breathalyzer carry a lower penalty?
No. Refusing to provide a breath or blood sample is a separate offence under s.320.15 that carries the same $2,000 minimum fine as the highest BAC tier, plus the same escalating jail minimums for repeat offences. Refusal is not a way to avoid a conviction.
What happens if impaired driving causes injury or death?
Impaired driving causing bodily harm is punishable by up to 14 years imprisonment. Impaired driving causing death is punishable by up to life imprisonment, and Canadian courts routinely impose multi-year penitentiary sentences. These are treated as among the most serious driving offences.