Kitchener DUI Penalties and Fines
Defence Against DUI Fines and Penalties in Kitchener, Ontario
Due to the severe and harsh punishments handed out to Kitchener DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable drunk driving lawyer.
DUI Fines and Penalties under Federal and Provincial Law in Kitchener
Kitchener has two main DUI law criminal offences. The first is impaired operation or care or control and the second is over 80mg operation or care or control. This is laid down in Section 253 which states that one commits an offence when alcohol or drugs impair the person’s ability to operate a vehicle, vessel, aircraft or railway equipment and having consumed alcohol to the extent that its concentration exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
At Kitchener DUI Lawyer our team of experienced DUI attorneys who are based in Kitchener, Ontario contest DUI charges on highly technical grounds. Our defence is largely based on the cross examination of prosecution witnesses and on police violations under Sections 8, 9 and 10 (b) of the Charter of Rights and Freedom. In most cases, we ensure that the extent of DUI sentencing or DUI punishment is lessened or in many cases waived for lack of evidence.
Types of Prosecutions Under DUI Sentences in Kitchener, Ontario
Both DUI offences are deemed to be federal criminal law offences and the Crown has the option to prosecute in either of the following two ways; by indictment or summary conviction. The first is similar to a US felony DUI and the second is similar to a US misdemeanor. It is up to the Crown Attorney to either use a DUI indictment or summary conviction. Before the Crown decides which of the two is most appropriate to use in your case, the DUI still stands the chance to be prosecuted by indictment.
However, most of the DUI offences in Kitchener are prosecuted by summary conviction with resultant DUI consequences.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Kitchener
Types Of DUI Charges:
Consequences Of A DUI:
The Quantum of DUI Sentencing in Kitchener, Ontario
Any person convicted of a DUI offence in Kitchener including a refusal to comply offence automatically faces a driving prohibition applicable throughout Ontario and either a fine or jail term, or both and a likelihood of probation.
The minimum DUI punishment for a DUI charge are:
- For a first offence; 12-month driving probation and a $1000 fine.
- For a second offence; 24-month driving probation and 30 days jail sentence.
- For a third or subsequent offence; 36-month driving probation and 120 days jail sentence.
Drinking and driving offences are prior offences for refuse to comply offences and vice versa.
DUI Punishment in Kitchener for Causing Death or Bodily Harm
The extent of DUI sentencing depends on a number of factors:
- If a prosecutor has opted for a summary conviction and no one is killed or hurt, the maximum sentence is 18 months of jail time.
- If a prosecutor has opted for indictment and no one is killed or hurt, the maximum sentence is 5 years of jail time.
- If a person has suffered bodily harm because of the DUI offence, the maximum DUI sentencing is 10 years of jail time.
- If a person is killed because of the offence, the maximum sentence is a lifetime in jail.
The Difference Between Federal and Provincial Laws on DUI Fines in Kitchener
In Canada, the responsibility to enforce suitable legislation falls on both Parliament and provincial legislatures. Hence for a DUI offence, the accused may face DUI fines and penalties both under federal law (criminal law) and a suspension of a license under provincial law.
Often, the provincial suspensions are seen to be more stringent than criminal prohibitions. Many jurisdictions demand that the accused go through a remedial program and take part in the ignition interlock program. Refusing to comply may result in an indefinite suspension until conditions are met. For example in Kitchener and all of Ontario, the suspension of a license may range from 1 year for a first offence to indefinite suspension for third offence or more.
What to Expect From an Experienced Kitchener DUI Lawyer When Faced with a DUI Sentencing
Since the quantum of fines and penalties depend on the nature of convictions, we at Kitchener DUI Lawyer ensure that you get the best possible defence for your DUI case. Our lawyers will often visit the site of the incident to get firsthand information. This helps us to effectively counter the prosecution’s cross-examination of witnesses and any evidence that is placed forward.
To know more about the DUI penalties and fines in Kitchener, ON give us a call now!
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
Kitchener DUI Defence Attorney
