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Toronto lawyers dedicated to helping people charged with impaired driving

Second offence DUI charges in Canada

If you are charged for the second time in Ontario, Canada for a DUI related offence you will be subject to a -minimum- sentence of 30 days in jail as per Section 320.19 of the criminal code. This is of course if the accused is found guilty by the court. It may be possible for their lawyer to get the charges dropped completely or in exchange for a plea to an HTA provincial offences charge instead. Charges being dropped is slang for being withdrawn or stayed.

Many impaired driving cases go to trial because there are often multiple defences to the accused's lawyer available.

With a mandatory minimum sentence of 30 days in jail many accused will opt to go to trial in hopes of getting off on the charges. These people, for the most part, already have a criminal record unless they received a Records Suspension (Pardon) for a dated prior charge. They generally have not been to jail before and do not want to end up there. Most have spent time in a jail cell by themselves at the police station but have not been to an actual jail where they will most likely have a cellmate and be interacting with other prisoners in the general population.

In Ontario the jails contain people who cannot get bail (often because they are deemed too dangerous to reoffend) or have been found guilty and sentenced to a jail term of less than two years. This means that someone charged with a DUI related offence for the second time could be confined with a murderer or other violent offender. Ontario’s jails are known for being quite harsh and many inmates end up being assaulted, sexually abused, infected with HIV, and leaving with problems they will have to live with forever.

Some people sentenced to 30 days or more will receive an intermittent sentence (aka weekends) which allows them to work during the week and report to the jail on the weekend. They are incarcerated similarly as everyone else. They may catch a break if the jail is full and be sent back home with credit for the days checked in. For the most part they are able to do their time when they are not working.

If you get charged with a 2nd offence DUI you should contact a lawyer immediately.

It is imperative that you do everything possible to avoid going to jail for your own personal safety. While the rest of the world moves along when you go to jail everything in your life is negatively impacted including things like receiving medication that you need, contact lenses or glasses, and myriad other things nobody thinks of beforehand.

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.

    call us: 647-228-5969


  call us: 647-228-5969


Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel

* Please note:

If you are not a paying client, we cannot answer questions and provide assistance with U.S. travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to Ontario, Canada area cases. Please see our FAQ for a listing of the courthouses we service.

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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  Law and Consequences

  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help