Imagine driving your car with your favorite song on a free road and getting hit by a recklessly driven car.
These kinds of harsh driving are usually influenced by someone or the effects of intoxication – both are criminal offences with a high chance of hurting others and oneself. If you face this, you must contact the authority lawyers, like DUI lawyers in Saskatchewan, to get the best help.
But is it serious enough to send someone to jail? You will get to know about that in the following section. Read until the end.
What is DUI?
All states in Canada consider driving under the influence (DUI) and while intoxicated/impaired (DWI) to be criminal offences. Using alcohol, narcotics, or other restricted substances while driving while impaired falls under this offence. A person who falls under any of these is liable to get a penalty for this offence.
What are the punishments for DUI as a Driver?
Let’s discuss the punishments a driver can get for committing DUI.
Immediate roadside suspension
Police will suspend the driver’s license immediately on that spot. As soon as the police provide the suspension notice to the driver, the suspension starts on that day. Again, the license will stay indefinite if the driver doesn’t clear it up in court. In that case, get help from an expert DUI lawyer to remove the claims and lift the suspension.
Vehicle impoundment
After police suspend your driver’s license, they’ll impound your vehicle. The vehicle will be impounded under the following conditions:
30 days vehicle impoundment:
- Impaired driving
- Exceeding the legal limit of alcohol that is less than.16 BAC (Blood alcohol content)
- Exceed legal limit for drugs
- Combination of alcohol and drugs that is less than .16 BAC
60 days vehicle impoundment
- Exceeds legal limit alcohol, that is.16 BAC or more
- A combination of alcohol and drugs that is.16 BAC or more
- Refusing or not being able to comply with a demand
Impaired driving education
The driver will stay suspended once the car has been seized and suspended while the result of the Criminal Code charges comes out. The lawyer will notify him in written form of the required impaired driving education course if he is found guilty.
The program will depend on how many previous offences you have:
- 1st-degree offence: Driving Without Impairment (DWI) program
- 2nd-degree offence: Alcohol and Drug Education (ADE) program
- 3rd and subsequent offence: Addiction assessment
The driver’s license will stay suspended until he completes the required program or hasn’t been taken within the specified time frame.
Mandatory ignition interlock
The driver will need to Install an ignition interlock device before he can drive again after getting rid of the ban order.
Depending on the offence he has committed, he must maintain the ignition interlock device for a specific period of time. The license will be cancelled if he takes it off within that time.
Before he can continue driving and finish the remaining time, he must reinstall the device.
Offence type 1:
- Exceeds legal limit alcohol that is less than .16 BAC
- Impaired
- Combination of alcohol and drug that is .05 to .159 BAC
Time
- 1st-degree offence: 1 year
- 2nd-degree offence: 3 year
- 3rd and subsequent offence: 10 year
Offence type 2:
- Exceed the legal limit alcohol, that is.16 BAC or more
- Refusal or failure to comply with the demand
- Combination of alcohol and drug, that is.16 BAC and more
Time
- 1st-degree offence: 2 year
- 2nd-degree offence: 5 year
- 3rd and subsequent offence: 10 year
Can you go to jail for committing DUI?
There are a set of mandatory penalties for committing a DUI in Saskatchewan. According to those rules, you may need to go to jail for this crime.
- First offence: a fine of $1,000
- Second offence: imprisonment for 30 days,
- Third and subsequent offence: Imprisonment for 120 days
However, these are minimum penalties in this case. If it gets more serious, you may face more serious punishments.
- For a summary conviction, a sentence of no more than two years in prison.
- A maximum 10-year prison sentence for an indictment.
If there remains a chance of winning the case at trial, you can negotiate the jail time with the prosecution, but that is usually possible in fewer cases.
To wrap up
You might or might not be a victim of DUI; what if you or your loved ones had been a victim of it? So, as a responsible person, it is your duty to report crimes like DUI. it will be a lesson for that person to avoid such crimes in the future and keep himself and others safe.
