Impaired Driving: Difference between revisions

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====What are the penalties under the ''Criminal Code''====
====What are the penalties under the ''Criminal Code''====
For a first offence of over.08, impaired driving, or refusing to blow, the mandatory minimum sentence is a $1000 fine and a driving prohibition between 1 and 3 years. That is the usual sentence, unless the judge considers your case more serious because of aggravating facts such as high breathalyzer readings or an accident. This minimum sentence means you get a criminal record. A judge cannot give you a discharge.</p>
For a first offence of over.08, impaired driving, or refusing to blow, the mandatory minimum sentence is a $1000 fine and a driving prohibition between 1 and 3 years. That is the usual sentence, unless the judge considers your case more serious because of aggravating facts such as high breathalyzer readings or an accident. This minimum sentence means you get a criminal record. A judge cannot give you a discharge.


<p>Previous drinking and driving convictions mean higher penalties&mdash;usually at least 30 days in jail for a second offence, and at least 120 days in jail for each offence after that. Plus, in BC, driving prohibitions are longer: between 3 and 5 years for a second conviction and a lifetime prohibition for a third or later conviction. If you have an accident, you may be personally responsible for all the costs ICBC pays. And if you kill or injure someone by drinking and driving, you risk being sued for a lot of money and your insurance company will not cover you. The penalty for killing someone while impaired or over .08 is always a jail term. It&rsquo;s the same for refusing to blow if it was reasonable to assume that the driving caused death or bodily harm.</p>
<p>Previous drinking and driving convictions mean higher penalties&mdash;usually at least 30 days in jail for a second offence, and at least 120 days in jail for each offence after that. Plus, in BC, driving prohibitions are longer: between 3 and 5 years for a second conviction and a lifetime prohibition for a third or later conviction. If you have an accident, you may be personally responsible for all the costs ICBC pays. And if you kill or injure someone by drinking and driving, you risk being sued for a lot of money and your insurance company will not cover you. The penalty for killing someone while impaired or over .08 is always a jail term. It&rsquo;s the same for refusing to blow if it was reasonable to assume that the driving caused death or bodily harm.</p>
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