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Under Criminal Code s 320.19(1), impaired driving is a hybrid offence. For both summary and indictment, the minimum punishments are the same: | Under Criminal Code s 320.19(1), impaired driving is a hybrid offence. For both summary and indictment, the minimum punishments are the same: | ||
:(i) for a first offence, a fine of $1,000, | |||
:(ii) for a second offence, a term of imprisonment for a term of 30 days, and | |||
:(iii) for each subsequent offence, imprisonment for a term of 120 days. | |||
The court does not have to impose the minimum sentence if the accused successfully completes a treatment program (s 320.23(2)). If convicted of an indictable offence under s 320.19(1), the accused may be liable to imprisonment for a maximum term of 10 years. If convicted on summary conviction, the accused may be liable for a fine of not more than $5,000, imprisonment for a maximum term of 2 years less a day, or both. | The court does not have to impose the minimum sentence if the accused successfully completes a treatment program (s 320.23(2)). If convicted of an indictable offence under s 320.19(1), the accused may be liable to imprisonment for a maximum term of 10 years. If convicted on summary conviction, the accused may be liable for a fine of not more than $5,000, imprisonment for a maximum term of 2 years less a day, or both. |
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