Hamilton DUI First offence – What Does It Mean For You

The term DUI stands for driving under the influence. However, under the Criminal Code, the most used term is “impaired driving.” Criminal Laws are very strict on DUI convictions and lead to various types of fines, jail terms, and suspension of licenses. This is regardless of whether it is your first time DUI or you have been arrested again under the same circumstance. However, even though there is a comparatively lower quantum of sentence for DUI first offence, it can have a traumatic effect on any first time DUI offender.

Moreover, sentencing under criminal charges can have a long term effect on careers and in some cases even affect immigration possibilities. Given this scenario, it is advisable to hire services from a reliable Hamilton DUI Lawyer. We are the leading lawyers for contesting DUI cases in Hamilton ON and have been consistently successful in such cases on behalf of all our clients. Get in touch with us when charged with a DUI offence and we will fight for your rights.

As per Canadian Criminal laws, impaired driving is when a person operates or controls a motor vehicle while his/her ability to operate the vehicle is impaired. This is most likely caused by excessive intake of alcohol or any substance use. Another related parallel offence is driving with BAC (Blood Alcohol Concentration) that exceeds 80mg of alcohol in 100ml of blood which works out to 0.08.

This is punishable under multiple offences in the Canadian Criminal Code. A first offence DUI does carry lighter sentences however, it also depends on the harm that has been caused by the impaired driving. Bodily harm carries greater levels of punishment even for first DUI offence.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Hamilton

Provincial Administrative Consequences of a First DUI Offence in Hamilton, ON

The quantum and level of BAC are what determines the grounds for impaired driving charges. For example, drivers under 21 should not have any BAC level. If you are a first time DUI offender, regardless of the BAC level, you will have your license suspended for 24 hours and if convicted, the license will be suspended for 30 days inclusive of a fine. For novice drivers, the license can be permanently revoked in which case the accused has to re-apply for the licence again.

In case the BAC is in the Warn Range (0.05 �” 0.08) or you have not passed the Standard Field Sobriety Test, the penalty for a first DUI offence for impaired driving is a three-day roadside license suspension which cannot be appealed. This is followed by an administrative monetary penalty. The penalty for drinking and driving increases with every instance. For a first time DUI conviction it is mandatory that you attend an education and treatment program, agree to a minimum of one year of driving a car fitted with an ignition interlock device, pay a monetary fine and accept the suspension of your drivers license for a year.

Any person convicted of drunk driving in Hamilton faces an automatic country wide driving prohibition. The minimum sentences for a first time DUI offender accused in Hamilton, Ontario are:

• 12-month driving prohibition and $1,000 fine.
• If no one is killed or hurt and the Crown proceeds by summary conviction, the maximum sentence is 18- month jail term.
• In the same situation if the Crown proceeds by indictment, the maximum sentence is 5 years in jail.
• If another person has suffered bodily harm because of the offence, the maximum sentence is 10 years in jail
• If another person is killed because of the offence, the maximum sentence is life imprisonment.

Hamilton Prohibitions and Suspensions for a 1ST Offence DUI

Since Canada is a Federal State, the responsibility for enforcing road discipline and driving safety is within the ambit of both Parliament and the Provincial Legislatures. In Hamilton, 1st offence DUI accused and any subsequent offenders can be subject to prohibitions under federal law and a driver’s license suspension under provincial law.

A dichotomy might arise from this scenario; Laws of Parliament may impose a prohibition on driving but the absence of a provincial law in Ontario may not affect the validity of the driver’s license. In such cases, the accused will be prohibited from driving even with a valid license. On the other hand in some instances, the provincial suspensions are more stringent than the criminal prohibitions.

Due to the severe and harsh punishments even on first time DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer in Hamilton who will develop an optimized defence strategy on your behalf. We have successfully contested DUI cases based largely on technical grounds and data collected firsthand from the scene of the incident. Call us to get more information on our outstanding services.