Is a DUI a Felony in Canada?
Drinking and Driving (DUI) is a serious offense in Canada that can result in severe legal consequences, including fines, imprisonment, and even cancellation of one’s driver’s license. But is DUI a felony in Canada?
Answer:
It depends on the circumstances. In Canada, DUI laws vary by province and the specific penalties can differ greatly. While DUI is usually considered a criminal offense and is treated as a major infraction, it may not always be considered a felony. In provinces like Quebec, DUI is considered a summary offense and is punished with fines, whereas in provinces like Manitoba, DUI is considered an indictable offense and may be punishable by imprisonment and fines.
What Constitutes a DUI in Canada?
In Canada, a person is considered drunk while driving if their blood alcohol level exceeds 0.08% (or 0.15% if they are Commercial Drivers) or if their ability to operate a motor vehicle is impaired by intoxication, whether or not they have exceeded the maximum allowed blood alcohol level.
Punishments for DUI in Canada:
The penalties for DUI in Canada depend on the offender’s previous record, their blood alcohol level, and the severity of the impaired driving offense. Here is a general breakdown of the punishments for DUI in different provinces:
| Province | Maximum Fine | Maximum imprisonment | Driver’s License Suspensions |
|---|---|---|---|
| Alberta | CAD 1,000 (approx. USD 810) | 2-5 years | 15 years |
| British Columbia | CAD 2,000 (approx. USD 1,620) | 2-7 years | 5-10 years |
| Quebec | CAD 1,000 (approx. USD 810) | – | 1-6 months |
| Ontario | CAD 2,750 (approx. USD 2,230) | 2-5 years | 1-6 months |
Circumstances that can Consider a DUI a Felony in Canada:
A DUI may be considered a felony in Canada if certain circumstances are present, including:
- Accidental Death: If a drunk driver is involved in a fatal accident, they can be charged with Fatal Impaired Driving Causing Death, which is punishable by a maximum 14-year imprisonment and a fine of CAD 50,000 to CAD 150,000 (approx. USD 40,500 to USD 121,500).
- Injury: If a drunk driver injures someone, they can be charged with Gross Negligence Impaired Driving Causing Injury, which is punishable by a maximum 10-year imprisonment and a fine of CAD 30,000 to CAD 75,000 (approx. USD 24,300 to USD 60,750).
- Prior Offenses: If a person has multiple prior DUI convictions or other serious criminal records, they may be more likely to face felony-level charges and harsher punishment.
Conclusion:
In Canada, a DUI can result in severe legal consequences, including fines, imprisonment, and driver’s license suspensions. While most DUI cases are considered minor offenses, certain circumstances such as accidental death, injury, or prior offenses may elevate the charge to a felony-level offense. As the consequences of a DUI conviction can be severe and long-lasting, it’s essential for individuals to know the laws and penalties for impaired driving in their specific province.
Additional Facts:
- In Quebec, a breathalyzer test is not needed to charge a person with DUI; a police officer can rely on their observational evidence alone to make the charge.
- In British Columbia, a mandatory minimum penalty of 6 months in jail applies if a person is convicted of a third or subsequent offense of impaired driving.
- The Canadian Impaired Driving Law allows the courts to impose a longer sentence for impaired driving related to an accident that involves the death or serious harm of another person.
References:
- Government of Alberta: Drinking and Driving [PDF]
- Government of British Columbia: Impaired Driving
- Government of Quebec: Drinking and Driving [PDF]
- Criminal Code of Canada: Drinking and Driving
