Is DUI a Criminal Offense or a Traffic Violation?
Being charged with a DUI can certainly be a pain in the back. You will be overwhelmed with a number of things, including investigations, question-and-answer sessions, several trials, and a lot more—making you confused about whether DUI is a criminal offence or a traffic violation. Keep reading this blog post to find out the answer!
It is inevitable to see panic setting in just as you see yourself being charged with a DUI. Other than that, there are serious legal consequences that can impact your driving privileges, criminal record, and even your personal and professional life- which otherwise doesn’t happen in a normal traffic violation case.
Let’s unfold on what grounds the DUI charges rests: whether they’re something solemn as a criminal offence, or have subtle consequences like that in a traffic violation.
Consequences of DUI
At our law firm, our DUI lawyers in Toronto often encounter questions from people regarding how they should comprehend the DUI charges imposed on them. Here’s a brief on how you should:
- • Criminal Offence: There are many states wherein DUI is observed as a criminal offence, relating to more severe consequences than just a traffic violation.
- • Traffic Violations: In cases, when there is involvement of underage individuals or simply there are low BAC levels, the DUI results in minimised penalties and offences.
- • Permanent Criminal Record: When there is death or third-party injuries involved due to DUI, a DUI can be a criminal record.
Factors determining the seriousness of a DUI case
1. Total Number of Times
a). First-Time Offence – In the case of the first DUI, when no one was harmed, it can result into a misdemeanour. What can be the repercussions, you ask? Our DUI lawyer in Toronto explains you can face fines, community service, licence suspension, and even a short time period in jail, but it’s not as severe as a felony.
b). Repeat Offence – When somebody has been in multiple repeat offences, it can lead to lengthy jail sentences and stricter penalties.
2. Aggravating Circumstances – Certain factors can increase the severity of any DUI offence. Some of them are listed below:
- • Accident that has resulted in injury or death
- • High BAC levels
- • Driving under the influence with a minor in the vehicle
- • Driving under influence on a suspended or revoked license
As the DUI gets gruesome, it is more than just a slap on the wrist and a serious criminal charge that can affect your life, career, job, and whatnot!
As the repercussions can be gruesome, our criminal lawyer in Toronto, Ontario suggests connecting with a skilled criminal defence lawyer as early as you can to navigate the complexities of your case.
When a DUI Case can be termed as a traffic violation?
The DUI offence can be regarded as a traffic violation in the following cases:
- • The BAC level is barely over the legal limit
- • There was no reckless driving involved
- • No accident or injury occurred
- • It’s a first-time offence and the driver shows remorse
In the cases listed above, the culprit might just face heavy fines or temporary suspension of licence. However, this is not the norm, and the consequences may vary from one individual to another.
The Real-World Consequences of a DUI
Our DUI lawyer in Toronto has dealt with a huge number of DUI cases and can accurately depict the various consequences. Here are some of the real-world consequences of being into DUI convictions:
- • Employment Issues: Having a DUI can impact your job, especially in fields that require driving.
- • Higher Insurance Rates: Getting imposed on a DUI can spike up your insurance premiums, disturbing your entire monthly budget.
- • Travel Restrictions: Canadian regulatory bodies often impose strict restrictions on travel for individuals with a DUI conviction.
- • Social Stigma: A DUI can change the way people perceive you, from friends and family to colleagues.
Can a DUI Be Expunged From Your Record?
Now that you have understood when is DUI a criminal offense and when it is just a traffic violation, you must be wondering whether or not it can be expunged from your record.
Yes, DUI can be expunged from your record in certain cases. For example- when you’re a first-time offender and are remorseful for your act. Second, when you’re obeying all the court-related decisions, then a judge can think about a negotiation session. However, this process isn’t automatic and you may require the assistance of a skilled lawyer to get DUI expunged from your record.
How to Safeguard Yourself from A DUI?
The best to save yourself from the repercussions of a DUI is to save yourself from getting trapped in it. Here’s how:
- • Use a Driver: It is wise to have a DUI lawyer by your side when you already know that you might indulge in drug or alcohol.
- • Use Ride-Share Services: Make use of rental car services to save yourself from hefty fines.
- • Know Your Limits: You might feel normal, but police will believe in BAC ratings. So, make sure you stop at the right time.
- • Stay Overnight: If you’re at a party or bar, consider crashing at a friend’s place instead of driving home.
Final Thought
So, is DUI a criminal offense or is it just a traffic violation? The answer largely depends on where you are, the circumstances of the offence, and whether it’s a first-time or repeat occurrence.
No matter the scenario, getting proper legal help can make a world of difference. Whether you’re in Toronto, Winnipeg, or anywhere else in Canada, acting quickly is crucial. With the right guidance and a skilled DUI lawyer, you can walk through this challenging time.
Thankfully, there are expert DUI lawyers at Legal Access that can help you overcome the challenges of any DUI case. Whether you’re looking for DUI lawyer in Toronto, DUI lawyer in Winnipeg, or DUI lawyer in Thunder Bay, Legal Access has an extensive network of experienced legal professionals who are always ready to support you.
With hundreds of trusted lawyers at your disposal, you can confidently find the right legal expert for your needs. Contact us today!
FAQs on DUI Laws
Can I go to jail even in the first DUI attempt?
Ans: Yes, you may go to authorities even in the first-time DUI, especially when there are aggravating factors like injuries, death, or high BAC levels.
Can a DUI lawyer fight for my rights?
A skilled DUI lawyer can fight for your rights, negotiate, and can even make the charge reduced or dismissed, helping you avoid severe penalties and protect your future.
Disclaimer- The information provided in this content is just for educational purposes and is written by a professional writer. Consult us to learn more about legal representation.
