The Shock of a DUI Charge
- Your son or daughter has just been charged with a DUI.
- What do parents need to know?
- That’s what i’m going to cover in this video.
- I’m Dan Joffe, DUI lawyer at NextLaw. On our YouTube channel, we discuss all things related to DUI charges. Please give this video a thumbs up and subscribe for more content like this.
- Let’s get started
Age Matters in DUI Cases
- A key factor to consider is the age of your child when they were charged with the DUI, which could be Impaired Driving, Over 80 or Refusal to Take a Breath Test.
- If they were under 18, they’d be charged under the Youth Criminal Justice Act.
- If they are 18 or older, they’ll be treated as an adult in the criminal justice system.
Comparing Penalties for Youths and Adults
- For adults, DUI offences in Canada carry mandatory minimum penalties.
- These penalties include a minimum $1,000 fine and a minimum 1-year driving suspension.
- However, if your son or daughter is under 18 years old, according to the Youth Criminal Justice Act there are no mandatory minimum penalties.
- However, that does not mean that the court will take DUI charges against youths not seriously.
- The court typically will enforce a 1-year driving ban on young offenders and they will face additional penalties such as fines, a discharge with conditions, a probation order with conditions (such as alcohol counselling) and community service hours.
Impact on Insurance and Assets
- Most young people are driving vehicles owned by their parents.
- If this is the case and there was an accident, the DUI conviction will likely void the insurance policy.
- In this case, the insurance company may sue you to recover their losses if they have to pay out damages resulting from the accident.
- And in this case, if you own a home, the insurance company may target the equity in your property to collect financial damages.
- If your child is charged with a DUI-related offence, it’s crucial to seek legal advice immediately.
- In many cases, actions can be taken to prevent a criminal record, and civil liability concerns may be able to be addressed proactively.
What are the penalties for a DUI charge against a young person?
If a young person is charged with a DUI, the penalties they face depend on their age at the time of the offence. If they are under 18, they will be charged under the Youth Criminal Justice Act, which does not have mandatory minimum penalties for DUI offences. However, the court may still impose a 1-year driving ban, fines, a discharge with conditions, a probation order with conditions (such as alcohol counselling), and community service hours. If they are 18 or older, they will be treated as an adult in the criminal justice system and face mandatory minimum penalties, which include a minimum $1,000 fine and a minimum 1-year driving suspension.
How does a youth's DUI conviction affect their parents' insurance and assets?
If a young person is driving a vehicle owned by their parents and they are convicted of a DUI, the insurance policy is likely to be voided if there was an accident. In this case, the insurance company may sue the parents to recover their losses if they have to pay out damages resulting from the accident. Furthermore, if the parents own a home, the insurance company may target the equity in the property to collect financial damages.
