The main distinction between “DWI” and “DUI” in Canada is their informal usage, especially regarding impaired driving offences in Ontario.
The correct legal term is “impaired operation.” While many still refer to it as “impaired driving,” “DUI” stands for “driving under the influence,” and “DWI” means “driving while impaired.” Using “impaired operation” or “impaired driving” in legal contexts carries legal significance in court.
This article summarizes the differences between DWI and DUI in Ontario, potential consequences of charges, and how traffic lawyers can assist with these offences.
Impaired Driving vs DUI vs DWI
In everyday language, “DWI” refers to “driving while impaired” and “DUI” stands for “driving under the influence.” Although these acronyms are commonly used in Canada, including Ontario, they do not have any legal significance under Canadian law.
The correct legal term for impaired driving in Ontario and throughout Canada is simply “impaired driving” or “driving while impaired”. It is officially regnozed under the Criminal Code of Canada, Section 20:
- Subsections 320.14(1), (2) and (3) (operation while impaired)
- 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death)
What is the difference between DUI and impaired driving in Ontario?
The primary distinction between DUI and impaired driving in Ontario is their legal classification:
- DUI is a common term used to describe the offence of operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. It has no legal significance under Canadian law.
- Impaired driving is the legal term used across Canada and Ontario under the Canadian Criminal Code to describe the offence of operating a vehicle while under the influence of alcohol, drugs, or a combination of both. This impairment affects a person’s ability to drive safely.
Types of Driving While Impaired (DWI) in Ontario
In Canada, impaired driving is regulated by the Criminal Code, section 320, which details the legal framework and penalties for related offences. It includes various types of DUI charges that individuals may encounter, such as:
- Impaired driving: This offence happens when a person drives a vehicle while impaired by alcohol, drugs, or both. Impairment can be shown through physical signs or erratic driving, and no specific blood alcohol concentration is needed for conviction.
- Over 80 charge: Driving with a blood alcohol concentration (BAC) over 80 mg of alcohol per 100 millilitres of blood is a criminal offence, regardless of visible impairment.
- Refusal to provide a breath sample or refusing a breathalyzer test: If a police officer suspects that a driver has alcohol in their system, they may request a breath sample. Refusal to take a breathalyzer test is a Criminal Offence.
- Care and control: This offence involves individuals who are not driving but have care and control of a vehicle while impaired by alcohol or drugs. Exmaples include is a driver found in the driver’s seat with the ability to operate the vehicle, such as having the keys in the ignition.
- Driving while impaired by drugs: This charge applies when someone drives a vehicle while impaired by drugs, as determined by a Drug Recognition Expert (DRE), approved drug screening equipment, or blood testing.
- Zero tolerance impaired driving: This offence affects novice drivers (G1, M1, or M2 license holders) and commercial vehicle operators. Any detectable level of alcohol or drugs while driving is considered an offence. Penalties include criminal records, licence suspensions, fines, and potential imprisonment.
- Under 21: If a driver is under 21 years old and shows any level of impairment, they can be charged with underage impaired driving, even if no breath sample is provided.
Impact of DWI on Car Insurance
After a DUI, expect a rise in your insurance costs. If your insurer discovers a DUI, they may cancel your policy, raise your rates, or refuse coverage altogether, leaving you uninsured. The best strategy is to avoid drinking and driving altogether, but if you find yourself in this situation, here’s how your premiums could be impacted:
- Driving record: A clean driving record before a DUI can help lower rates over time if you maintain safe driving afterward. Your record is important; a clean history may lead to a lower rate increase than one with existing violations.
- Classes: Mandatory driver training classes after a DUI demonstrate your commitment to safe driving and may help lower insurance rates.
- Car make and model: Your insurance rates will be impacted by the type of vehicle you drive, regardless of a DUI.
- Location: Your location has a significant impact on your insurance costs, as some areas have higher premiums than others.
- Increase deductible: Raising your deductible can reduce your insurance premiums, but remember that you will have to pay more if you make a claim.
- Time: DUIs can stay on your record for years, but safe driving may lower your insurance rates over time. In Ontario, a DUI conviction remains for three years, and a license suspension lasts at least six years.
- High-risk driver status: Driving with a BAC over the legal limit or drugs in your system marks you as a high-risk driver after a conviction, making it harder to obtain car insurance, as insurers are often unwilling to cover you.
- Insurance company provider: Each insurance company has its guidelines for adjusting car insurance rates after a DUI conviction.
- Type of Coverage: The type and amount of car insurance you carry can affect rate increases, with comprehensive coverage potentially seeing larger hikes than basic policy types.
- Claim history: A history filled with previous claims can increase the rate. More claims signify higher risk, which raises premiums.
- Policy discounts: After a DUI, your policy discounts may decrease or be eliminated, which could lead to higher premiums.
How Will A DUI/DWI Charge Impact Your Criminal Record
A DUI/DWI conviction in Canada leads to a criminal record, which can affect employment, travel, and more. Although a pardon can later seal the record for some purposes, the initial conviction and charges can impact background checks and future opportunities.
In Canada, a DUI conviction stays on your record for at least 80 years, and it cannot be automatically removed, even if you avoid further trouble. DUI/DWI is a criminal offence, and all criminal convictions are recorded, regardless of prior offences. These records can also be transferred between provinces.
Employment
A DUI/DWI conviction is a criminal offence in Canada and will appear on your criminal record, accessible through systems like the RCMP’s CPIC. Even if acquitted or charges are withdrawn, a DUI charge may still occur in background checks, affecting employability and making some career paths unavailable and other opportunities.
Permanent Record
A DUI conviction can stay on your record indefinitely, depending on provincial rules, unless a pardon or record suspension is granted. Even if acquitted, the DUI arrest will still show up on background checks, potentially leading to serious consequences.
Impact on Future Interactions With Police
If you are ever pulled over again for any traffic violation, it’s important to understand that law enforcement may have access to your DUI history through their databases. This could lead to heightened scrutiny during the stop, as officers may view you as a higher-risk driver. Regardless of the situation, you might experience more thorough questioning, closer inspection of your vehicle, and potentially even field sobriety tests.
International Travel And Visas
A conviction can significantly impact your ability to travel to various countries and may lead to complications during the visa application process or even denial of entry at the border. Some countries may request an official court record or a rehabilitation letter, depending on the time since the offence.
It is important to seek legal advice from an experienced DUI defence lawyer to understand a charge’s specific impacts and explore options such as a record suspension or other strategies to mitigate the consequences.
How To Remoe A DUI/DWI Charge On A Criminal Record
The only way to remove a DUI conviction from your criminal record is to apply for a Record Suspension from the Parole Board of Canada.
There are strict rules regarding when you can apply, and the waiting period can be 3, 5, or 10 years, depending on the specifics of your case. Therefore, it’s crucial to apply for a Record Suspension as soon as you are eligible in order to minimize the impact of your DUI conviction on your life.
While a DUI conviction will remain on your driving record for a certain number of years, depending on the circumstances of your case, it will stay on your criminal record permanently unless you apply for and receive a Record Suspension.
How Traffic Lawyers Assist with DUI/DWI Charges
DUI attorneys can leverage their expertise to challenge evidence, protect your rights, negotiate with prosecutors, and represent you in court. Their work may lead to reduced charges, acquittals, or lighter penalties while ensuring fair treatment and safeguarding your constitutional rights throughout the legal process.
Investigating Your Case and Challenging Evidence
DUI lawyers thoroughly investigate the circumstances surrounding the arrest. They review police reports, dashcam footage, and witness statements for inconsistencies or procedural errors that could support your case.
They can examine breathalyzer test results by considering several factors that can affect their accuracy, assess the administration of the test, ensuring that proper protocols were followed, the device was calibrated correctly, and the officer conducting the test was adequately trained.
Lastly, lawyers also assist in reviewing disclosure requests – any discrepancies in these areas may lead to legitimate challenges that could result in the exclusion of evidence or, in some cases, the dismissal of charges.
Court Representation
When a case goes to trial, having a skilled DUI lawyer is crucial for effective representation in court. They will meticulously prepare your defence by gathering evidence, interviewing witnesses, and analyzing police reports to build a strong case.
During the trial, your lawyer will adeptly present arguments that highlight any weaknesses in the prosecution’s case and advocate for your rights in front of the jury. They will expertly cross-examine witnesses to challenge their credibility and reliability, ensuring that your side of the story is accurately communicated.
Negotiating Reduced Charges
Individuals facing legal challenges may negotiate with prosecutors to seek reduced charges or lesser penalties. This process often involves presenting mitigating circumstances or evidence that demonstrates the potential for rehabilitation.
They can explore alternative resolutions, such as participation in counselling programs, restorative justice initiatives, or community service. These options can lead to more constructive outcomes, allowing defendants to address underlying issues while minimizing the impact of legal penalties.
Licence Reinstatement
Attorneys who specialize in DUI/DWI cases can provide valuable assistance in the process of getting your driver’s license reinstated after a conviction. Their expertise can help you understand the steps required to regain your driving privileges, including filing necessary paperwork and attending hearings.
They can guide you through the various penalties associated with a DUI conviction, such as mandatory alcohol education programs, community service requirements, and potential fines. By navigating these complex legal and administrative processes, a knowledgeable attorney can help mitigate the consequences of a conviction and support you in moving forward.
Is DWI a felony in Canada?
In Canada, “DWI” typically stands for “Driving While Impaired,” which is similar to the term “DUI” (Driving Under the Influence) used in some other jurisdictions. Impaired driving is generally considered a criminal offence under the Criminal Code of Canada.
Although impaired driving offences are criminal in nature, they are not categorized as “felonies” in the same way as in the United States. In Canada, criminal offences are classified as either summary offences (less serious) or indictable offences (more serious). The term “felony” is not commonly used in the Canadian legal system.
If you or someone you know is facing impaired driving charges in Ontario, it’s vital to seek help from experienced DUI lawyers. Our skilled team has a strong track record in defending clients. We’re here to guide you through the legal process and offer professional representation. Contact JUSTICEJOLT for a free consultation to get the best defence for your case.