What happens if I’m convicted of a DUI / Impaired Driving?

DUI is a common term that refers to impaired driving, driving over 0.08 and refusing to provide a sample of breath. If convicted of any of these offences, the consequences are significant and carry mandatory minimum penalties and a criminal record. Whether you plead guilty or are found guilty after trial, the mandatory minimum penalties are as follows:

• First offence $1,000 fine and a 1 year driving prohibition.
• Second offence 30 days in jail and a 2 year driving prohibition.
• Third offence 120 days in jail and a 3 year driving prohibition

The above penalties are mandatory minimums that have been put in place by Parliament and found in the Criminal Code. It is at the judge’s discretion to impose a higher sentence based on the circumstances of each offence. Aggravating factors such as high blood alcohol readings, accidents and driving pattern are taken into consideration and often result in much higher fines.

In addition to the mandatory minimum penalties as a result of a conviction, the Alberta government has made it mandatory that the person must comply with the Ignition Interlock Program. This involves completing a “Planning Ahead” course and having an interlock device installed inside their vehicle at their own expense. The following are the approximate costs of the Program:

• $145 plus GST for the ignition interlock device installation (there is an additional $100 surcharge for heavy trucks and specialty vehicles);
• $95 plus GST per month for the rental of the ignition interlock device;
• $63 for the Ignition Interlock Program Application, in addition to the Alberta Registry Agent fee.
• $50 plus GST for removal of the ignition interlock device;
• $315 for the “Planning Ahead” or $925 for the “IMPACT” Educational Course, if required;
• Fees for the Restricted Driver’s Licence and Road Test, when applicable.

There is a common misconception that a DUI conviction doesn’t carry significant consequences because it is a minor offence. The reality is that in addition to significant fines and driving prohibitions, a conviction results in a criminal record that could have a significant effect on employment, travel and car insurance. A DUI conviction will appear on employment background checks and on your personal record when travelling to the United States. Even if successful in obtaining a pardon, a record of the conviction will permanently remain with the Unites States Customs and Border Protection Agency.

About Cory Wilson

Cory has represented individuals from all walks of life including lawyers, police officers, athletes, corporate executives, teachers, and everything in between. Cory believes in access to justice for every person charged with a criminal offence regardless of their economic background.