Have You Been Charged with Your 2nd or 3rd DUI? Here’s What to Expect

Charged with Impaired Driving and It’s Not Your First DUI? Here’s What You Need to Know

An Impaired driving charge can severely limit your freedom and limit some of your options for the future. For example, some countries may deny your entry. Subsequent impaired driving charges may lead to even harsher penalties for repeat offences.

Consequences of Your First Impaired Driving Charge

After being found guilty of your first DUI charge, you could be subject to a variety of penalties. These may include a prohibition on driving for one to three years, a fine of more than $1,000, a potential prison sentence of up to 18 months (in cases without injuries or deaths), a mandatory minimum of one year using a vehicle fitted with an ignition interlock device, suspension of your driver’s licence, and mandatory participation in an education and treatment program.

Penalties for Impaired Driving Charges in Saskatchewan

Federally, the Criminal Code sets out the penalties for impaired driving but each Canadian province has additional laws that create further consequences for those who are charged or convicted.

Saskatchewan Impaired Driving Penalties

  • Immediate roadside suspension
  • Vehicle impoundment
  • Impaired driving education
  • Mandatory ignition interlock

Types of of Impaired Driving Charges

  • Alcohol-impaired and over 80mg% driving: Having a Blood Alcohol Concentration (BAC) at or over 80mg per 100ml of blood within 2 hours of driving or being impaired, as demonstrated by certain indicia of impairment such as slurred speech, motor skills issues, etc.
  • Drug-impaired driving: Meeting a specific threshold of controlled substance consumption within 2 hours of driving for the following substances:
    • Cannabis: 5ng or more of THC per ml of blood
    • Having 5mg or more of GHB per 1 litre of blood
    • Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam
  • Combination: Having a BAC of 50mg per 100ml of blood + 2.5ng or more of THC per 1ml of blood within 2 hours of driving
  • Refusal to comply with demand for sample
  • Drug-impaired driving – Summary conviction: Having over 2ng but less than 5ng of THC per ml of blood within 2 hours of driving

Potential Penalties for Subsequent Impaired Driving Charges

Alcohol-impaired Drivingdrug-impaired drivingcombination of drug and alcohol-impaired driving, and refusal to provide a breath sample carry similar penalties for subsequent impaired driving charges.

2nd Impaired Driving Charge

  • Mandatory Minimum: 30 days imprisonment
  • Maximum: 10 years imprisonment

3rd Impaired Driving Charge

  • Mandatory Minimum: 120 days imprisonment
  • Maximum: 10 years imprisonment

Sentencing for Your Impaired Driving Charges

Some level of judicial discretion is present in determining the sentence of a person convicted of impaired driving. Judges will take aggravating and mitigating circumstances into account but are ultimately subject to the mandatory minimum sentences detailed in the Criminal Code.

The Crown has the option to prosecute your case as either a summary offence or an indictable offence. An indictable impaired driving conviction where bodily harm is a factor entails a maximum possible sentence of up to 14 years in prison. Aggravating factors include things such as having a child in the vehicle, driving at excessive speeds, reckless driving, or severe intoxication (high blood alcohol readings, BAC over 160 mg%).

Aggravating Factors

  • Time Elapsed Since Your Last DUI: There is a possibility for increased jail time if you commit a DUI within five or ten years of your last offence.
  • Injuries Resulting From Your DUI: A DUI resulting in injuries to another person can lead to a maximum prison sentence of 14 years. You can face life imprisonment if your DUI resulted in the death of another person.
  • Additional Charges: You may face harsher penalties if you were simultaneously charged with other driving offences.

Additional Consequences for Subsequent Impaired Driving Charges

You could face the following consequences if you have previous convictions for impaired driving charges on your record:

  • Mandatory Participation in Ignition Interlock Program: Upon the reinstatement of your licence, you will be required to install and utilise an ignition interlock device in your vehicle for a minimum of three years. You will be expected to cover the costs associated with the initial installation and ongoing monthly testing fees.
  • Higher Insurance Rates: Auto insurance companies will often charge substantially higher insurance premiums after your licence reinstatement or outright refuse to insure you.
  • Permanent Criminal Record: Having a criminal record can adversely impact both your reputation as well as your employment opportunities and international travel.

Get free lawyer consultation to learn what potential consequences may arise as a result of your impaired driving charges by calling (306) 585-1777.

The Role of a DUI Lawyer in Impaired Driving Charges

If you have been charged with impaired driving, you need experienced legal counsel on your side. An experienced DUI lawyer will assess your case, explain the relevant laws, develop a defence strategy, and advise you on your options. Call (855) 585-1777 for a free lawyer consultation with a DUI lawyer.

Benefits of Hiring a DUI Lawyer for Your Impaired Driving Charges

  • Skilled Negotiator: Negotiating with the prosecution to potentially secure a favourable plea deal.
  • Court Representation: Experienced legal counsel will present legal arguments on your behalf, navigate the complexities of the legal system, and work to protect your rights.
  • DUI Expertise: An experienced DUI lawyer should have good knowledge of impaired driving laws, legal precedents, and court procedure to navigate the intricacies of your impaired driving case effectively.
  • Mitigating penalties and bad outcomes: A DUI lawyer will fight to reduce fines, licence suspensions, or even have your charges dropped altogether.

Additional Reading

Originally posted on nprobinson.com

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