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How long does a DUI stay on your record?

How long does a DUI stay on your record?

  • How long does a DUI stay on your record?
  • Specifically, what is the duration and impact of a DUI conviction on your criminal record and driving record, and how do insurance companies price your premium payments?
  • That’s what I’m going to cover in this blog.

DUI and Multiple Criminal Records

  • Our first focus is on your criminal record, specifically regarding multiple DUI convictions. 
  • Any DUI conviction, including Over 80, Impaired Driving, Care and Control, and Refusal to Take a Breath Test, is a lifetime entry on your criminal record.
  • This is important to understand because future DUI convictions will lead to significantly harsher penalties under the Criminal Code of Canada. 
  • For instance, a third conviction will result in a lifetime driving suspension. 
  • There is, however, some discretion that the Crown does have regarding subsequent convictions and escalated penalties.
  • After five years, the Crown might opt not to consider a prior conviction, potentially sparing you from a mandatory 30-day jail sentence. Understanding this can be key in your defence strategy.

DUI and Life Barriers

  • Next, let’s look at how a DUI conviction creates barriers in your life.
  • A DUI conviction is a lifetime entry on your criminal record. This may impede your employment, volunteering, citizenship prospects and potentially international travel.
  • However, there is a pathway to remove these barriers, which would be to get a Pardon, now called a Record Suspension, from the Parole Board of Canada.
  • Eligibility timing depends on your offence date. You may need to wait three, five or ten years after the completion of your sentence.
  • Once granted, the Pardon will remove your criminal record from the criminal records database, removing the burdens associated with your criminal record.

DUI and Provincial Driving Record

  • Now, let’s take you through the impact of DUI on your provincial driving record.  
  • Each province will have its own rules.
  • In Ontario, for example, a DUI stays on your driving record for ten years.
  • If you’re convicted of a second DUI within this period, it escalates the penalties from the Ministry of Transportation. After this 10-year period, while the initial DUI conviction remains visible on your record, it won’t actively contribute to increased penalties for any new DUI convictions.  
  • In other words, a second DUI conviction after this 10-year period would be considered a first DUI conviction.

DUI Impact on Driving Insurance

  • Finally, let me cover the impact of a DUI conviction on driving insurance premiums.
  • A DUI conviction will last for six years in the context of insurance company premiums.
  • This will lead to significantly higher rates and cost you thousands of dollars.
  • This impact is especially pronounced for younger drivers, and in some cases, it might even result in the inability to get driving insurance.
How long does a DUI conviction stay on my record?

A DUI conviction, including various DUI-related offenses, is a lifetime entry on your criminal record.

How does a DUI conviction impact insurance premiums?

A DUI conviction will impact your insurance premiums for six years, resulting in significantly higher rates that can cost you thousands of dollars.

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.