Understanding Impaired Driving Charges in Canada: First vs. Second Conviction

Impaired driving remains one of the most serious criminal offences in Canada. Every year, thousands of Canadians face criminal charges for operating a motor vehicle while their ability is impaired by alcohol or drugs. Understanding the consequences of a conviction is important, particularly because penalties increase significantly for repeat offenders.

Under the Canadian Criminal Code, a person may be charged with impaired driving if they operate a motor vehicle while their ability is impaired by alcohol, drugs, or a combination of both. A person may also be charged if they have a blood alcohol concentration of 80 milligrams of alcohol or more in 100 millilitres of blood (commonly referred to as "over 80"), or if they have prohibited levels of certain drugs in their system.

First Conviction

A first conviction for impaired driving carries serious consequences. The Criminal Code imposes a mandatory minimum fine of $1,000 for most first-time offenders. However, courts may impose higher fines depending on the circumstances. In more serious cases, particularly where there is a high blood alcohol concentration, the minimum fine increases. The court can also impose the victim fine surcharge, which is an additional 30% added to your fine imposed.

In addition to the criminal penalty, individuals often face a driving prohibition, licence suspension, increased insurance costs, mandatory education or treatment programs, and the creation of a criminal record. A criminal record can affect employment opportunities, travel, professional licensing, and volunteer activities.

Second Conviction

The consequences become much more severe for a second impaired driving conviction. Unlike a first offence, a second conviction carries a mandatory minimum jail sentence of 30 days. The court may impose a longer sentence depending on the circumstances and the offender's history. In some cases, and depending on how recent the last conviction was, an individual can negotiate with the crown or advocate to the court (if the Notice to Seek Increased Penalty was not filed or relied upon by the crown), for the individual to obtain a conditional sentence order and serve their sentence in the community under conditions that can include house arrest or curfew.

A second conviction also typically results in a longer driving prohibition and licence suspension. Many provinces impose additional administrative penalties, including mandatory participation in ignition interlock programs before driving privileges can be restored. Insurance premiums often increase dramatically, and some insurers may refuse coverage altogether.

Courts view repeat impaired driving offences as a significant public safety concern. After a second conviction, the penalties continue to increase in severity. As a result, judges generally place greater emphasis on deterrence and denunciation when sentencing repeat offenders.

Serious Consequences

Many people assume that an impaired driving charge only results in a temporary loss of licence. In reality, the consequences can be long-lasting and can affect many aspects of a person's personal and professional life. The penalties increase substantially after a first conviction, making it critical for individuals facing these charges to understand their rights and obtain legal advice promptly.

MacKillop Pictou Law Group is here to help

For more detailed information, or assistance with an impaired driving allegation, please feel free to contact the MacKillop Pictou Law Group team, located in Halifax, Nova Scotia, as our team of dedicated criminal law lawyers are always happy to help!