Driving under the influence / impaired driving pardons
DUI is a criminal offence under section 320.14(1)(a)CCC (as of 2020).
Besides the loss of your license, high fines, restricted entry into the US and personal harm or damages, lawsuits and more, impaired driving can cost tens of thousands of dollars in the long run.
You can apply for a pardon after the waiting period (five years if convicted by summary and after you have completed all of the sentencing requirements including fines and restitution).
Impaired driving is the term used in Canada to describe the criminal offence of operating, having care or the control of a motor vehicle or conveyance while the person’s ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the Criminal Code, with greater penalties depending on the harm caused by the impaired driving.
The minimum sentences are:
- For a first offence, a $1000 fine and a 12-month driving prohibition,
- For a second offence, 30 days of jail and a 24-month driving prohibition, and
- For a third or subsequent offence, 120 days of jail and a 36-month driving prohibition
- If no one is hurt or killed, and the prosecutor is proceeding by summary conviction, the maximum sentence is 18 months of jail. If no one is hurt or killed, and the prosecutor is proceeding by indictment, the maximum sentence is 5 years of jail.
- If another person suffers bodily harm because of the offence, the maximum sentence is 10 years in jail.
- If another person is killed because of the offence, the maximum sentence is a life sentence
A province is allowed to set up special ignition interlock device programs specifically to limit criminal driving prohibitions. Not all provinces have such specific programs, but if they do, and a person is enrolled in one, then they can drive during their prohibition period with an interlock device, beginning as follows:
- For a first offence, 3 months after the day of sentence,
- For a second offence, 6 months after the day of sentence, and
- For a third offence or subsequent offence, 12 months after the day of sentence.
Driving otherwise while on a driving prohibition is a criminal offence.