A second impaired driving conviction in Toronto carries devastating consequences under the Criminal Code of Canada, including a mandatory minimum of 30 days in jail and a mandatory 2-year criminal driving prohibition (accompanied by a parallel 3-year provincial licence suspension). The Crown Attorney will actively seek these increased penalties, making an aggressive legal defence absolutely critical.
Understanding Repeat Offender Laws in Ontario
Getting charged with impaired driving or Over 80 once is a stressful ordeal, but facing a second charge is a life-altering legal emergency 😫. In Canada, Parliament and the courts have absolutely zero tolerance for repeat impaired drivers. The Criminal Code of Canada dictates a escalating scale of mandatory minimum sentences designed specifically to punish and deter repeat offenders .
When you are arrested for a second offence in Toronto, the Crown Attorney will almost certainly file a formal “Notice of Increased Penalty” 📄. This legal document alerts the judge that you have a prior conviction on your criminal record. If you are found guilty, the judge loses all discretion to give you a fine or probation; they are legally forced to send you to a provincial jail for at least a month .
Step-by-Step Process in Toronto
Whether you were pulled over in Scarborough, Etobicoke, or downtown Toronto, the process for a repeat offender is intensely scrutinized by the Ontario Court of Justice 📍. Here is how your defence lawyer will navigate this high-stakes situation .
Step 1: The Bail Hearing
Unlike a first-time offence where you are often released directly from the police station, a second impaired driving charge usually results in being held for a formal bail hearing 👮. Because you have a prior record, the Crown will argue that you are a danger to the public. Your lawyer will need to quickly arrange a strong surety (a family member willing to supervise you) to convince the justice of the peace to release you .
Step 2: Immediate Licence Suspension
The Ministry of Transportation (MTO) does not wait for a conviction to punish you 🚫. Upon your arrest, you will be hit with an immediate 90-day Administrative Driver’s Licence Suspension (ADLS), and your vehicle will be impounded for 7 days. Your lawyer will help you manage these immediate administrative burdens while preparing the criminal defence .
Step 3: Aggressive Crown Pre-Trial Negotiations
Because the stakes include actual jail time, your law firm will engage in intense Crown Pre-Trial (CPT) meetings 🤝. They will thoroughly analyze the police disclosure, looking for any constitutional Charter breaches or flaws in the Intoxilyzer calibration. The goal is to negotiate a withdrawal of the Notice of Increased Penalty or reduce the charge to a non-criminal traffic offence .
Step 4: Trial or Sentencing
If the Crown refuses to negotiate, your lawyer will strongly advise proceeding to a full trial 💭. You have nothing to lose by fighting the charge, as pleading guilty guarantees a jail sentence. If you are convicted, your lawyer will present mitigating factors to the judge to keep the sentence as close to the 30-day minimum as possible, rather than months in custody .
How Much Does it Cost in Toronto?
Defending a second impaired driving charge is more expensive than a first offence because the complexity and stakes are significantly higher 💵.
| Expense Type | Estimated Cost in CAD | Details |
|---|---|---|
| Criminal Defence Lawyer | $10,000 – $20,000+ | Block fees for a complex trial fighting mandatory jail time. |
| Vehicle Impound (7 Days) | $400 – $800+ | Paid to the towing company to recover your car. |
| Ignition Interlock System | $1,500+ per year | Mandatory for 3 years if you qualify to drive again eventually. |
- Insurance Devastation: A second impaired driving conviction will usually cause your auto insurance provider to drop your coverage entirely. You will be forced into high-risk Facility insurance, which can cost $10,000 to $20,000 CAD annually.
- Lost Income: You must factor in the real possibility of losing your job if you are sentenced to 30 days in a provincial jail facility like the Toronto South Detention Centre.
How Long Does the Process Take?
The legal process for a repeat offence is lengthy ⌛. Securing disclosure, conducting multiple pre-trials, and setting a trial date in the backlogged Ontario Court of Justice typically takes 12 to 18 months. If convicted, your 2-year criminal driving prohibition begins on the date of sentencing, while the Ontario MTO will impose a parallel 3-year provincial licence suspension, meaning you will not legally operate a vehicle for years .
Frequently Asked Questions (FAQ)
Can I serve my 30-day jail sentence on weekends?
Yes, it is possible. Sentences of 90 days or less can be served intermittently (usually from Friday evening to Monday morning) so you can maintain your employment. Your defence lawyer must specifically request this from the judge during sentencing.
What if my first impaired driving conviction was 15 years ago?
In Canada, impaired driving convictions remain on your criminal record permanently unless you receive a record suspension (pardon). However, for licensing purposes, the Ontario Ministry of Transportation (MTO) applies a strict 10-year look-back period under the Highway Traffic Act (HTA). If your prior conviction is older than 10 years, the MTO will treat your new conviction as a first-time offence, imposing a 1-year provincial suspension instead of the standard 3-year suspension. Additionally, the Crown Attorney may exercise discretion not to file a Notice of Increased Penalty, which can spare you from the mandatory 30-day jail sentence.
Will I ever be able to drive again?
Yes, but it takes years. After serving the mandatory driving prohibition, you must complete the “Back on Track” program, pay reinstatement fees, and install an ignition interlock device in your vehicle under the provincial Stream D program. Stream D is designed specifically for second-time offenders, allowing eligible drivers to reduce their provincial licence suspension to 9 months, followed by an 18-month interlock condition, provided they enter an early guilty plea.
Can a lawyer negotiate to drop the mandatory jail time?
A lawyer cannot change the law, but they can negotiate with the Crown Attorney. If your lawyer finds major flaws in the police evidence, the Crown might agree to withdraw the Notice of Increased Penalty in exchange for a guilty plea, which removes the mandatory jail requirement.
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