Impaired driving or a DUI as it’s often called, is a severe criminal offence that will result in criminal charges and conviction if not addressed properly. It is important to take DUI charges seriously and get the services of a DUI lawyer as soon as possible to prevent worse consequences.
Know that in Toronto, impaired driving cases come with 3 main types of sentencing: a criminal discharge, an absolute discharge, and a probation order, says DUI lawyer Calvin Barry.
A criminal discharge is given when the offender for the crime is guilty but has not been given conviction yet. For example. You were found to be driving while having a blood alcohol level beyond the legal limit, you can then be given probation. Failure to comply with the conditions for the probation means you committed a DUI probation violation.
If you are the offender, know that a criminal discharge will be on your record for 3 years after you met the conditions for the probation. It will be taken off your record after that without you needing to apply for a pardon.
You can also get an absolute discharge which is like a criminal discharge sans probation. You do not have to comply with a set of conditions if given an absolute discharge. You won’t have any criminal record with this either.
If given a probation order, an offender must follow certain rules during the given time period according to what was given by the judge. The purpose of a probation order is to give an offender a chance to avail of rehabilitation. It often comes with a fine.
Probation is a period wherein the court supervises the offenders of a given charge. For a DUI probation, the court supervises offenders charged with impaired driving. During this period, the offender must follow the conditions set by the court because a breach can lead to a probation violation, which is another crime in the eyes of the law. A DUI probation violation is treated severely. Anyone who commits a probation violation can face either an indictable offence or a summary offence although if there is not enough evidence, charges can be withdrawn.
If you are on probation and charged with another DUI, then know that the outcome can be more severe. The court frowns on anyone who commits the same offence and more so if the accused committed the same DUI offence he or she is on probation for. If you were caught committing a DUI while on DUI probation, you must make sure to contact your DUI lawyer. Your DUI lawyer can help mitigate the consequences if your lawyer is experienced enough in handling such cases. At any rate, you can avoid further offences under the guidance of your lawyer.