- In this article, I will explain what increases the seriousness of your DUI case.
- This is an important topic because a more serious DUI case will significantly impact your legal process and the outcome you may face.
- There’s something called aggravating factors that can impact the gravity of your Impaired Driving, Over 80 or Refusal Breathalyser case.
- In plain English, it means there’s evidence surrounding your DUI, which increases the severity of what happened.
- Here are some examples of aggravating factors.
- Very high blood alcohol readings.
- If there were kids in your vehicle.
- If you were travelling at a high rate of speed.
- If you were driving in an erratic manner such as swerving your vehicle in and out of traffic.
- An accident causing property damage.
- An accident where someone was hurt or killed.
- And I could go on because this list is not comprehensive.
- But the point is this. When there are aggravating facts surrounding your DUI, this will impact your case in two ways.
- First, how the Crown proceeds with your DUI case.
- And second, if your case gets to the penalty stage, how a Judge would rule on your penalty.
How aggravating factors impact the Crown’s decision-making process
- First, let’s discuss how aggravating factors impact the Crown’s decision-making process.
- Impaired driving, Over 80 and Refusal to take Breathalyzer cases are known as hybrid offences.
- This means the Crown can proceed with your DUI as a summary offence or an indictable offence.
- This decision is important because it has a significant impact on your case.
- Indictable offences are much more severe cases with significant penalties than summary offences.
- Usually, the Crown will treat a DUI as a summary offence.
- But, with aggravating circumstances such as an accident causing harm or death, the Crown would proceed with your DUI as an indictable offence.
- That means you will face a longer legal process requiring a jury to determine the outcome of your case.
- And the penalties for indictable offences are much more serious than a DUI prosecuted as a summary offence.
How aggravating factors impact DUI penalties
- The second significant way aggravating circumstances can impact your DUI case is regarding the penalty.
- So if your Impaired Driving, Over 80 or Refusal to take a Breathalyzer case reaches the stage where a penalty is given, aggravating circumstances will impact the severity of your penalty.
- The Criminal Code of Canada defines penalties that are applicable on a conviction.
- While there are mandatory minimum penalties, the Criminal Code gives the Judge a range of penalties to be applied according to the facts of your DUI.
- For example, Judges have a range of penalties, including elevated fines, increased license suspension and longer jail sentences.
- The more serious the aggravating factors are, the more serious the penalty will be.
What is bad for a DUI case in Ontario?
There are several things that can be detrimental to a DUI case in Ontario, including refusing to take a breathalyzer test, having a high blood alcohol concentration (BAC) level, having a prior DUI conviction, and driving erratically. Additionally, making incriminating statements or being combative with law enforcement can also negatively impact your case.
Can having a DUI conviction on my record hurt my future prospects?
Yes, a DUI conviction can have long-lasting consequences, including fines, jail time, and a criminal record. Having a criminal record can make it difficult to obtain employment, housing, and other opportunities in the future. It's important to work with an experienced DUI lawyer to minimize the impact of a DUI charge and protect your future prospects.
