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DUI in Ontario - Will You Go To Jail - Dec.2, 2021

DUI in Ontario – Will You Go To Jail?

Can a DUI Charge in Ontario Lead to Jail Time?

When charged with a DUI in Ontario, many people find themselves asking a crucial question: “Will I end up in jail?” The answer isn’t straightforward and largely depends on your specific situation. Let’s unravel the complexities of DUI penalties in Ontario by focusing on three main aspects.

1. Repeat DUI / Impaired Driving Offender? Mandatory Jail Sentence Awaits

If you’ve previously been convicted of a DUI, the odds of facing a mandatory jail sentence increase significantly. The duration of your jail time hinges on several factors, like the number of prior DUI convictions on your record, the overall state of your criminal history, and the circumstances associated with your current DUI charge.

2. First-Time DUI Charge? Jail Might Not be Your Destination

Good news for first-time DUI offenders: Most individuals do not land in jail for their initial DUI offence. However, escaping a jail term doesn’t imply that you’re free from penalties.

Upon conviction, expect a handful of consequences, such as fines and a driving suspension. Furthermore, once you regain your license, you’ll be considered a high-risk driver, which translates to skyrocketing insurance costs. Moreover, a criminal record will follow, which could significantly affect your life.

3. Even First-Time Offenders Can Face Jail for Aggravated DUI Charges

Surprisingly, jail time might still be a reality even for first-time DUI offenders, especially if aggravating circumstances accompany your DUI charge.

For instance, if your blood alcohol concentration exceedingly surpasses the legal limit of 80 milligrams per 100 millilitres of blood, you could face jail time. Similarly, if you cause an accident leading to property damage, or worse, injure or unintentionally cause someone’s death, jail time is highly likely.

Navigating a DUI charge can be complex, and every case is unique. If you find yourself in this situation, seeking professional legal advice is recommended.

Can you go to jail for a DUI in Ontario?

Yes, you can go to jail for a DUI in Ontario. The penalties for a DUI conviction can include imprisonment, fines, a criminal record, and license suspension, among others. The severity of the punishment depends on the circumstances of the case and the defendant's past criminal history.

What factors determine whether a person will go to jail for a DUI in Ontario?

Whether a person will go to jail for a DUI in Ontario depends on several factors, including the circumstances of the case, the defendant's past criminal history, the severity of the offence, and the discretion of the court. For example, a first-time offender who caused no harm may be subjected to less severe punishment compared to a repeat offender who caused harm to another person or property.

The Ontario DUI Arrest Test

The 60-Second Ontario DUI Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

Do You Want to Keep Driving?
Dan Joffe, lawyer, partner Nextlaw Ontario

My team uses forensic analysis to determine whether your Charter rights were violated. If you have been charged with DUI, book a free call that can change everything

Do you want to avoid a DUI Charge?

My team uses forensic analysis to determine whether your Charter rights were violated. If you have been charged with DUI, book a free call that can change everything

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About Dan Joffe, Partner

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

The Ontario DUI Arrest Test™

The 60-Second Ontario DUI Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.