Will I Go to Jail for DUI in Canada? 

If you are convicted of impaired driving in Canada (or DUI as it’s often known) the consequences can include jail time—but this is likely only under specific circumstances for a first-time offender.

All impaired driving convictions have harsh penalties but the justice system clamps down especially hard on repeat offenders or if injuries/death result from the offence. Leniency is likely to be in short supply for repeat offenders and the best chance of avoiding jail is to fight the charges with a seasoned impaired driving lawyer.

Here’s what you need to know about DUI and jail time in Canada…

Standard DUI penalties in Canada

Drunk driving crimes in Canada include impaired driving, driving over 0.08 (BAC), and refusing to provide a sample of breath. The laws are set at both the federal and provincial/territorial levels and apply to impairment by alcohol, drugs or a combination. They cover the operation of cars, trucks, boats, snowmobiles, and off-road vehicles.

Each impaired driving crime has a series of penalties associated with it, including fines and mandatory license suspensions. Note that you do not need to be over the legal limit to be charged and convicted of DUI in Canada.

First-time DUI offenders with legal representation will rarely end up in jail in Canada if nobody was killed or injured during the commission of the offence. In fact, in Alberta, you do not receive a criminal charge for a first impaired driving offence under the Immediate Roadside Sanction program. If you are suspected of impaired driving, an immediate 90-day suspension is applied, after which the driver can apply to drive with an ignition interlock device for 12 months. The vehicle is also seized for 30 days and a fine of $1,000 issued. Drivers are also required to complete mandatory impaired driving education. There is no jail time, however.

Other provinces and territories have imposed immediate roadside licence suspensions, with suspension durations increasing with repeat infractions. Fines and license reinstatement fees also apply.

However, according to Canadian criminal law, a DUI offence can be prosecuted either as a summary offence (the equivalent of a misdemeanor in the U.S.) or an indictable offense (a felony in the U.S.). The latter is punishable by up to 14 years in prison. 

What factors are considered when determining jail time for a DUI in Canada?

How a case proceeds depends on the circumstances of the case. The two most important factors determining this are:

• Whether anyone was killed or injured due to impaired driving
• Whether the offender has any prior convictions for impaired driving

If someone was killed or injured and/or the offender has received previous roadside sanctions or convictions, criminal charges will follow. If convicted, sentencing can include time in jail—and in some cases, there are mandatory jail sentences.

Other aggravating factors that make jail time more likely are:

• If the offence resulted in bodily harm to, or the death of, more than one person
• If the offender was operating a motor vehicle in a race with at least one other motor vehicle on a street, road or highway or in another public place
• If the passenger of the vehicle was under the age of 16 years old when the offender drove impaired
• If the offender was being remunerated for operating the conveyance
• If the offender’s blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 mL of blood
• If the offender was operating a large motor vehicle; and
• If the offender was not permitted, under a federal or provincial Act, to operate the vehicle.

When can a DUI result in jail time?

The provinces and territories vary but repeat offenders incur mandatory minimum jail sentences in Alberts, for instance. These include:

• 30 days mandatory minimum jail sentence for a second offence
• 120 days mandatory minimum jail sentence for a third offence

These penalties are minimums and may be longer, especially if someone was killed or injured. For convictions for summary offences, a jail sentence of up to two years (less a day) is possible and for indictable offences, incarceration for up to 14 years in a federal prison is possible.  

In Canada, any sentence less than two years is served in a provincial jail while terms of incarceration longer than this will be served in a federal prison.

In addition to the periods of incarceration, significant fines, driving prohibitions, and a criminal record will result. The criminal record could significantly affect your car insurance premiums, employment, immigration status, and ability to travel. 

What is the maximum jail time for DUI in Canada?

Impaired driving causing death is handled particularly severely in Canada. Some provinces have minimum sentences of several years while a repeat offender may be subject to life imprisonment.

What’s the best way of avoiding jail for impaired driving?

The best way to avoid jail time if you face an impaired driving charge in Canada is to quickly seek experienced legal representation—so that you don’t get convicted.

Your DUI lawyer will help you build a defence and challenge the prosecution’s version of events. Many impaired driving cases are dismissed on technicalities (such as incorrectly calibrated testing equipment), breach of Charter rights or other reasons.

The precise defence used will depend on the circumstances of your case so the sooner you talk these over with a qualified DUI lawyer, the sooner work can begin on avoiding a conviction.

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.