If you’re charged with a 3rd DUI offence in Canada, you have already been through the criminal justice system twice so you know more or less what to expect.
However, with a 3rd offence, it’s much tougher for your lawyer to argue that your behaviour was an honest mistake.
The Crown prosecution will likely try to paint a picture of habitual behaviour that presents a grave risk to the public.
Stronger punishments will be sought in order to deter further offences. This may include a longer period in jail.
As an experienced DUI lawyer who knows the legal system in Canada inside out, Alan Pearse will build a defence to help you avoid the most serious consequences.
Consequences for 3rd DUI Offence
The Canadian Criminal Code states that impaired driving is when a person “operates” or “controls” a motor vehicle while his/her ability to do so is impaired by alcohol or a drug.
There is actually no such thing as “DUI” in Canada, though the term is widely used.
Impaired driving has been a federal criminal offence since 1921 and, in recent times, the law has clamped down on repeat offenders.
Every person convicted of impaired driving will end up with a criminal record but with a skilled lawyer, the immediate and longer-term consequences can be mitigated.
When compared with a first or second offence, a conviction for a 3rd DUI Offence usually results in longer jail time and other harsher penalties and restrictions.
If you commit the 3rd offence within five or ten years of the second offence, the penalties will be harsher still.
Crown prosecutors will attempt to demonstrate that you are a persistent threat to other motorists and road-users. They will try to persuade the judge to impose the heaviest penalties allowable under the law.
The federal laws dictate the following mandatory minimum penalties (if nobody was injured):
120 days in jail (maximum sentence 10 years)
36-month driving prohibition
If nobody was killed, the maximum jail sentence is two years for a summary conviction and five years for an indictable offence.
Where bodily harm has been caused, the maximum jail term is 14 years. If someone has been killed, the maximum penalty is life imprisonment.
Your precise punishment will depend on the circumstances of your case, your criminal background, and provincial licence suspension rules.
However, there are also longer-term consequences of a 3rd DUI conviction to consider, including:
Great experience and would highly recommend Alan. Never had to set foot in a courtroom. Alan and his team got me off of all my charges with no record. Great experience, would recommend to anyone. Very professional, worth every dollar.
Alan was very helpful in defending my case under the new Alberta IRS regulations. He was very honest, straightforward forward and helpful to answer anything I needed to have answered. He got me out of a very tight spot in my life and could not have asked for a better lawyer. Thank you!!!!!
I found myself in a nightmare situation. Contacted Alan immediately. Put my total trust in his hands, and he exceeded all of my expectations. I paid for a first-class, well-prepared attorney who knew the best way to handle a complicated DUI, and that is what I got. I believe I got the best and now have my life back. Thank you, Alan.
I’m very pleased with how my case was handled. All the questions were answered and everything was explained in great detail along the way. Would highly recommend Alan to anyone looking to get the best possible results.
I hired Alan a few days after the incident requiring legal help. I was quite upset about what had happened, and how I was treated by the police involved. My case was not normal, as I wasn’t driving so I had refused a breathalyzer, and the police tried to make everything as bad as they could for me. I had a trial date set, but Alan had several times told me how odd some of the things in my case were and how ridiculous the documents were that were handed to him by the Crown. Then one day he told me he needed to see me and he informed me all charges are dropped and that I wouldn’t be setting foot in a courtroom. I am ecstatic with the results. I recommend him. He is a great lawyer and got back to me anytime I needed an update or wasn’t sure about something.