When a second DUI offence is committed, it is natural to expect that the repercussions will be more serious. The severity of the punishment is intended to deter the offender from committing another offence.
In the event of an arrest, it is recommended to consult a lawyer to find out more about the penalties. In this article, our traffic crime specialists will detail some of the consequences of a second arrest.
The consequences of a second arrest for DUI
As all drivers know, alcohol impairs your driving ability. However, this has not prevented some drivers from being stopped a second and even third time for impaired driving. In this case, the sentences handed down often consist of a two-year driving prohibition with a minimum prison sentence of 30 days. After 6 months of driving prohibition, it is possible to drive again after installing an alcohol ignition interlock in most cases.
The penalties mentioned are only a common example, but they can differ depending on the blood alcohol level.
The consequences of a second arrest for driving with a blood alcohol level of 80 mg/100 ml
In the event that a driver has a blood alcohol level of 80 mg/100ml that does not exceed twice the permitted level, the penalty is an immediate suspension of the licence for a period of 90 days and seizure of the vehicle for a period of 30 days. The driving licence may be revoked for a period of 3 years.
In addition, the SAAQ (the Société d’Assurance Automobile du Québec) will have to conduct a comprehensive review of the situation to determine whether or not the person concerned can recover his or her driver’s licence. If this is the case, the driver will be required to install an alcohol interlock device in his or her car for a period of two years after the licence is suspended.
More severe repercussions for a second arrest with a blood alcohol level above 160 mg/100 ml
The consequences of a second arrest are more serious when the blood alcohol level is higher than 160 mg/100 ml. This is of course twice the amount of alcohol allowed in the blood.
The same consequences will apply if you refuse to obey the orders of the arresting police officer. They include automatic withdrawal of the driver’s licence for a period of 90 days and seizure of the car for 30 days. As for the suspension of the driving licence, this time it will apply for 5 years. The SAAQ must also conduct a detailed examination of the case and when your car is returned to you, it must be equipped with an alcohol ignition interlock device for a period of 3 years following the revoking of your licence. This device must be present in your car for life.
The penalty of imprisonment in the case of a repeat offence
A prison sentence is something that should never be taken lightly. It is foreseeable based on how the procedures are initiated. If they are initiated by summary conviction, the sentence of imprisonment will be at least 18 months as stipulated in the Criminal Code. In the event that they are initiated by indictment, you are subject to a maximum prison term of 5 years.
Consult a criminal lawyer if you are facing a second arrest for DUI
The above information gives you a brief idea of the legal consequences in the event of a second DUI offence.
To find out more about your chances of winning when the proceedings are initiated against you, do not hesitate to contact the lawyers at DUI Montreal Lawyer. Our experts will help you build your legal file and have the best chances of acquittal.