Drunk driving destroys lives. Nevertheless, some people still choose to drive after consuming alcohol. Worse still, others persist even after a first arrest for impaired driving. When this happens, what are the consequences of recidivism for drinking and driving on a criminal record?
Drunk driving, recidivism and your criminal record: an overview
A police officer can stop you at any time while you are driving a vehicle to perform a roadside check. At that point, the officer may order you to blow into an approved screening device and conduct roadside movement coordination tests if they suspect that you are driving while impaired.
You will be arrested if you exceed the legal limit of 80 mg of alcohol per 100 ml of blood and refuse to obey a peace officer, including by refusing to blow into the breathalyzer or to perform the required movement coordination tests. A series of penalties will follow. But what happens if you reoffend?
The impact of recidivism for drunk driving
When you are arrested a second time for DUI, the Highway Safety Code provides for several penalties. First, your vehicle will be immediately seized for a period of 90 days. In addition, you will be prohibited from driving for a minimum of 2 years. Furthermore, it will be impossible for you to register, acquire, rent and put into service a vehicle in your name during this period.
And if you are arrested again afterwards…
What if, after your second arrest, you are arrested for impaired driving again? In this case, your driver’s licence will be immediately suspended for a period of 90 days. Your vehicle will also be seized for the same period of time and you will receive a fine for the offence and you should know that there is no minimum amount provided for at this level. You will also face a prison sentence of 30 to 120 days or more and your licence will be revoked for a period ranging from 3 to 5 years. In addition, you will be required to complete the Program to Assess and Reduce the Risk of Impaired Driving (PERRCCA) and add an alcohol interlock device for 2 years, 3 years or lifetime depending on the situation.
Reduce the impact of a repeat drunk driving offence on your criminal record
The consequences of a first arrest for DUI should be sufficient to discourage you from reoffending. However, if you choose to drive while impaired again, know that you are at risk of serious consequences, that could follow you for the rest of your life. Therefore, if you plan to have a drink, leave the car at home and find another way home. After all, it’s just that easy.
Were you arrested for impaired driving? Contact Riendeau Lawyers. Our criminal lawyers will defend your rights.