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Avoid Jail Time: “Second Offence DUI Ontario” Strategies

Being charged with a second DUI in Ontario

Being charged with a second DUI in Ontario, whether for Impaired Driving by Alcohol or Drug, Over 80, Refusing to Provide a Breath Sample, or Care or Control While Impaired, is a serious matter. It carries significant legal, personal, and professional consequences, including jail time.

This article will provide a comprehensive guide to navigating a second offence DUI in Ontario. We’ll explore the severe penalties you face, the legal process you’ll encounter, potential defence strategies, and the recovery and rehabilitation options available. While avoiding jail time is a priority, we’ll also discuss how to mitigate other consequences, work toward long-term recovery, and prevent future offences.

Legal Consequences of a Second DUI Offence

The penalties for a second DUI offence in Ontario are significantly more severe than for a first offence. Under federal and provincial laws, repeat offenders face harsher punishments to deter future impaired driving.

Federal Criminal Code Penalties

Under the Criminal Code of Canada, a second DUI conviction carries the following minimum penalties:

  • Mandatory minimum jail sentence of 30 days
  • Maximum jail sentence up to 10 years
  • A new criminal record
  • Fine amount determined by Judge

The exact sentence will depend on factors like blood alcohol concentration (BAC) level and whether the offence caused bodily harm or death. Judges have some discretion in sentencing but must adhere to mandatory minimums.

Ontario Provincial Penalties

In addition to federal penalties, Ontario imposes administrative sanctions for repeat DUI offenders:

  • Immediate 90-day roadside licence suspension
  • 7-day vehicle impoundment
  • $550 administrative penalty
  • 3-year driving licence suspension
  • After license reinstatement, 3-years interlock device
  • Mandatory education or treatment program

The combination of federal and provincial penalties creates a multi-layered system of punishment and rehabilitation for repeat DUI offenders in Ontario.

Second Offence DUI Ontario Penalties

Legal Process for a Second DUI Charge

If you are charged with a second offence DUI in Ontario, you will go through the following general process:

  1. Arrest and detention
  2. Bail hearing (possibly)
  3. Disclosure of evidence by the Crown
  4. Pre-trial negotiations
  5. Trial (if pleading not guilty)
  6. Sentencing (if found guilty or pleading guilty)

After being charged, it’s critical to speak with an experienced DUI lawyer as soon as possible. An experienced DUI lawyer can review the evidence, identify potential defences, and work to negotiate the best possible outcome.

Potential Defences for a Second DUI Charge

While each case is unique, some potential defences for a second DUI charge may include:

  • Charter rights violations during arrest or testing procedures
  • Challenging the reliability or accuracy of breathalyzer results
  • Arguing that you were not in “care and control” of the vehicle
  • Demonstrating a lack of reasonable grounds for the initial traffic stop

A skilled DUI lawyer will assess the specifics of your case to determine the most appropriate defence strategy.

Impact on Insurance and Employment

Beyond legal penalties, a second DUI conviction can have significant personal and professional consequences:

Insurance Implications

After a second DUI conviction, your auto insurance premiums will likely increase dramatically – potentially doubling or tripling. Some insurance companies may refuse to renew your policy, forcing you to seek high-risk insurance at an even greater cost.

Employment Consequences

A second DUI conviction can jeopardize your current job, especially if driving is part of your job. It may also limit future employment opportunities, as many employers conduct background checks and may be hesitant to hire individuals with multiple DUI convictions.

Recovery and Rehabilitation Options

While the penalties for a second DUI offence are severe, Ontario’s legal system also emphasizes rehabilitation, offering hope and a path to recovery. Several programs and options are available to help offenders address underlying substance abuse issues and prevent future offences.

Back on Track Program

The Back on Track program is a mandatory education and treatment program for all convicted DUI offenders in Ontario. For second-time offenders, the program typically involves:

  • An initial assessment
  • A 16-hour education and counselling workshop
  • A 6-month follow-up interview

The program aims to help participants understand the impact of impaired driving and develop strategies to prevent future offences.

Inpatient Rehabilitation

For individuals struggling with severe alcohol or drug addiction, inpatient rehabilitation may be a beneficial option. While not typically mandated by the court, voluntarily entering a rehab program can demonstrate a commitment to recovery and may be viewed favourably during sentencing.

Inpatient rehab programs generally include:

  • Medically supervised detoxification
  • Individual and group therapy sessions
  • Education on addiction and recovery
  • Development of coping strategies and relapse prevention skills

Support Groups

Participating in support groups like Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) can be an essential part of long-term recovery. These groups offer:

  • Peer support from others who have faced similar challenges
  • A structured program for maintaining sobriety (e.g., the 12-step program)
  • Regular meetings to reinforce the commitment to recovery

Counseling and Therapy

Individual counselling or therapy can help address underlying issues that may contribute to substance abuse and impaired driving. A mental health professional can work with you to:

  • Identify triggers for substance use
  • Develop healthy coping mechanisms
  • Address co-occurring mental health issues
  • Build a support system for long-term recovery

Strategies for Preventing Future DUI Offences

Preventing future DUI offences is crucial for both personal safety and legal reasons. Some strategies to consider include:

Conclusion

A second DUI offence in Ontario carries severe legal, personal, and professional consequences. However, it’s important to remember that help is available. By taking responsibility for your actions, seeking appropriate legal representation, and committing to rehabilitation and recovery, it’s possible to overcome this challenge and move forward.

If you’re facing a second DUI charge in Ontario, consider these key steps:

  • Contact an experienced DUI lawyer immediately
  • Explore all available legal defences and options
  • Comply fully with all court orders and mandated programs
  • Consider voluntary participation in additional rehabilitation programs
  • Develop a long-term strategy for maintaining sobriety and preventing future offences

Remember, while a second DUI charge is serious, it doesn’t have to define your future. With the right support and commitment to change, you can learn from this experience and build a healthier life.

What are the penalties for a second DUI offence in Ontario?

A second DUI offence in Ontario can result in a minimum 30-day jail sentence, a 3-year driving prohibition, and other severe legal and administrative penalties.

How can I avoid jail time for a second DUI in Ontario?

To avoid jail time for a second DUI in Ontario, consult an experienced DUI lawyer to explore possible defences, comply with court orders, and participate in rehabilitation programs.

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.