What Happens if I Have a DUI on my Criminal Record?
A DUI on your Criminal Record not only has serious repercussions on your ability to drive but can also have serious consequences in terms of cost of insurance, choice of careers, foreign travel, housing, and Family Court proceedings.
If you or someone you know has been arrested for a drinking & driving related offense, get the legal representation you need with a DUI lawyer in Toronto. John Erickson has decades of experience with impaired driving offenses and offers free consultations for those in need. Call (416)-363-3612 now.
A DUI on Your Record
It is a criminal offense to operate a motor vehicle or have care or control of a motor vehicle while your ability to operate it is impaired by alcohol or while your breath alcohol concentration (BAC) is over 80 mg of alcohol per 100 mL of blood.
It is also a criminal offense to refuse or fail to provide a breath sample when a police officer makes a valid demand for a sample of your breath.
If you are charged with any of these criminal offenses in Ontario, your driver’s license will be immediately suspended for 90 days.
The consequences for pleading guilty or being found guilty after a trial are severe. For your first DUI conviction, you will receive a fine of at least $1,000 and a driving prohibition for at least one year. For a second DUI conviction, you will receive a jail sentence of at least 30 days in jail and a driving prohibition of at least two years. For a third DUI conviction, you will receive a jail sentence of at least 120 days and a driving prohibition of at least 3 years.
The Effects of a Criminal Record
Being convicted of a DUI also means that you will have a Criminal Record. What does that mean? In short, it means that there will be a record of your name, offence, fingerprints, and other personal details about you in the RCMP database. A Criminal Record is permanent and stays with you for your entire life unless you apply for and are granted a Record Suspension. However, a Record Suspension can be lifted if you are found guilty of any further criminal offences in the future.
Having a Criminal Record can:
- Limit your employment prospects
- Affect your ability to travel outside Canada
- Make it difficult to find housing as most landlords require background checks
- Can impact your ability to gain custody or access to your children
- Exponentially raise your car insurance premiums
Background checks for job applications are becoming more common, especially for jobs in fields such as real estate, banking, teaching, nursing, law enforcement, child care, and medicine. If you have a Criminal Record, it is quite possible that you will be passed over in favour of another applicant who does not.
Many countries such as the United States restrict the ability of people who have Criminal Records to enter their countries. Therefore, having a Criminal Record may affect your ability to travel outside Canada.
In a tight housing market, having a Criminal Record may also affect your ability to find housing as landlords may require background checks and could decide to pass over your application in favour of someone who does not have a Criminal Record.
Having a Criminal Record may also affect your rights as a parent if you and your spouse are involved in divorce proceedings. If you have a DUI on your Criminal Record, it is quite possible that your spouse may argue that you cannot be trusted to properly care for your children if left unsupervised.
Having a DUI on your Criminal Record will also cause your insurance rates to be raised exponentially.