Impaired driving / DUIs in Canada

In Canada, repeat impaired driving offenses, such as a 2nd or 3rd DUI (Driving Under the Influence) conviction, carry more severe penalties than a first-time offense. The penalties for multiple DUI convictions become progressively more stringent to deter repeat offenses and ensure public safety. Here are some key points regarding second and third DUI offenses in Canada:

Penalties for a 2nd DUI Offense:

Mandatory Minimum Penalties: Canada has implemented mandatory minimum penalties for repeat DUI offenses. These penalties require the court to impose certain minimum sentences based on the offender's history and other aggravating factors.

Longer License Suspension: For a second DUI offense, the license suspension period is typically longer than for a first offense. The specific duration can vary depending on the province or territory, but it is generally longer than the initial suspension and typically 2 years long.

Increased Fines and Penalties: The fines for a second DUI offense are higher compared to the penalties for a first offense. Other penalties, such as mandatory participation in treatment programs and mandatory installation of an ignition interlock device, may also be imposed.

Imprisonment: A second DUI offense can result in a mandatory minimum term of imprisonment, which varies depending on the jurisdiction and the specific circumstances of the offense. Typically, those facing a 2nd DUI conviction are facing a mandatory 30 days in jail pursuant to the Criminal Code of Canada.

Penalties for a 3rd DUI Offense:

Increased Penalties: The penalties for a third DUI offense are even more severe than those for a second offense. The mandatory minimum penalties, fines, and potential imprisonment are typically higher.

Longer License Suspension: The license suspension period for a third DUI offense is generally longer than for previous offenses.

Imprisonment: A third DUI offense carries a significant risk of imprisonment, with mandatory minimum sentences that are higher than for second offenses. Those facing a 3rd DUI conviction are facing a mandatory 120 days in jail pursuant to the Criminal Code of Canada.

Because the sentence of 120 days is greater than 90 days – this mean you cant do the 120 days on weekends.

It's important to note that impaired driving laws and penalties can vary across provinces and territories in Canada. The specific penalties for a second or third DUI offense will depend on the jurisdiction and the circumstances of the case. It is advisable to consult the applicable provincial or territorial legislation and consult with local law enforcement or legal resources for accurate and up-to-date information on DUI penalties in a particular area of Canada.

Interestingly, in provinces like British Columbia, they have moved towards administrative suspensions and fines, rather than criminal convictions. It is the opinion of criminal defence attorney Linh Pham that administrative suspensions are a cash-grab and provide little protection to the general public, while permitting those who drink and drive to get a slap on the wrist, without fear of criminal conviction.

If you need a criminal defence attorney, please contact our office for a free consultation.