Take the DUI "Arrest Test" ➔
DUI Penalty Increase Notice (2)

DUI Penalty Increase Notice: What This Warning Means

If you’ve received a DUI penalty increase notice, you’re likely concerned about what this warning means for your case. As a DUI lawyer at NextLaw, I want to help you understand exactly what you’re facing. In this comprehensive guide, we’ll explore three critical aspects of DUI penalty increase notices that every defendant needs to understand.

What Is a DUI Penalty Increase Notice?

The justice system recognizes that not all DUI cases are equal. A first-time offender shouldn’t face the same consequences as someone with multiple convictions. This is where the DUI penalty increase notice comes into play.

A Notice of Application for Increased Penalty is the Crown’s formal declaration that they’re aware of your previous conviction and intend to seek harsher sentencing. This notice is mandated under Section 727(1) of the Criminal Code of Canada, serving as an official warning that enhanced penalties will be pursued in your case.

Critical Timing Requirements

Understanding the timing of this notice is crucial for your defense. The Crown must serve this notice before you enter your plea – a requirement that protects defendants from unexpected penalty increases after they’ve already made their plea decision.

However, there’s an important detail that defendants need to be aware of: while advance notice is required, the Crown can provide this notice orally in court immediately before you enter your plea. This last-minute notification is legally valid, highlighting the importance of having legal representation before making any plea decisions.

DUI Penalty Increase

Impact on Penalties and Sentencing

The implications of a penalty increase notice are significant and can dramatically affect your future. Here’s what you need to understand about the potential consequences:

Basic Penalty Changes

Aggravating Factors

Your sentence could increase further if your case involves:

These aggravating factors, when combined with a penalty increase notice, can result in even more severe sentences.

Seeking Legal Assistance

Given the complexity of DUI cases and the serious implications of penalty increase notices, professional legal guidance is crucial. Understanding your rights and options early in the process can significantly impact the outcome of your case.

What is a DUI penalty increase notice?

A DUI penalty increase notice is a formal warning that the Crown is seeking harsher sentencing due to a prior conviction.

When must the Crown serve a penalty increase notice?

The Crown must serve the notice before you enter your plea, either in advance or orally in court.

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

5.0
560 Reviews
5
560
4
0
3
0
2
0
1
0
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.

DUI / Impaired Articles
Share this Post
Disclaimer

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.