YCJA Youth DUI/impaired/over 80/Refuse Breathalyzer charges

Anyone under age 18 who gets charged by the police with impaired driving will have their case governed by the terms of the Youth Criminal Justice Act (YCJA). The YCJA makes special provisions regarding the release of information (such as names in the media) and sentencing. This being said a 16 or 17 year old is still subject to the same Criminal Code laws as an adult (18+) and the YCJA does allow for youths to receive a permanent adult criminal record. This decision is ultimately up to the Judge if the youth (young offender) is ultimately found guilty.

One of the major considerations that a judge will use when sentencing is the age of the youth at the time of the offence. Since most DUI charges are laid against youths aged 16 or 17, they are at the higher end of the youth age spectrum. As with any criminal case the specific facts of what happened are the most relevant. If a youth gets pulled over after a party because the police see a bunch of rowdy kids in a car, blows 90, and everyone goes home safely this is much better than if a youth drives drunk and kills someone.

Youths have a greater chance of avoiding a criminal record under the YCJA than adults do. Anyone who is an adult (age 18) at the time of their arrest will receive a criminal record if they are found or plead guilty in court but this is not the case for those under age 18. In YCJA youth court cases the Judge has discretion to hear the facts and not sentence the young offender to a criminal record. Every case is different and will depend on its own facts.

Another requirement for YCJA Youth charged with impaired/DUI offences is that the police must serve their parent/guardian with a “Notice to Parent, Adult Relative or Other Adult” informing them of the charges.

While some kids in the criminal justice system (under 18) unfortunately do not have a lot of parental support, those charged with impaired driving tend to come from homes that can afford to provide them with a vehicle to use and they tend to be better off financially.

Having supportive and loving parents is a positive factor that will be taken into consideration by the Judge when determining how to sentence your child if they are found guilty. Similar to adult DUI cases, there are also many potential defences that can be used to win an acquittal or convince the Crown Attorney to drop the charges. In fact, the YCJA spells out many more required procedures the police must follow in making an arrest which can be used in the accused youth’s favour by their lawyer if any mistakes are made.

It is also extremely beneficial if the accused youth gets along well with their parents and is willing to follow the instructions of them and their lawyer when going through the process. This can include attending counselling, mental health or addictions assessments, and undertaking tasks such as community service.


Call us today.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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