Add or Edit a General Definition of this Concept All Cases
On your first offence of impaired driving, driving with a blood alcohol content over 80, or refusing to give a breath or blood sample there may be minimum penalties. The minimum penalties that a judge must impose in Canada for a first offence would be a fine of at least $600 and prohibition from driving anywhere in Canada for at least one year. The existence of a pardon may cause a second or third offence to be treated as a first in Canada. A second offence which occurred at a point in time before the actual conviction for the first may also be treated in Canada as a first offence for Criminal Code purposes.
Add a Paragraph for Your State or Province
Add a Paragraph for Your Country
Ontario Edit this Entry Cases for this Ontario paragraph
The Highway Traffic Act of Ontario provides for a minimum licence suspension of one year for a first offence. This automatic minimum suspension for a first offence occurs because of section 41 of the Ontario Highway Traffic Act . There are no exceptions for employment.
The lookback period for determination of whether an offence constitures a prior is 10 years in Ontario. To calculate whether an offence is a prior offence for purposes of the Highway Traffic act consider the sequence of convictions.
See also: first offence
See also: Subsequent Conviction
Links to legislation in International Referral Database:
Ontario : Reduction in Post-conviction Suspension with Interlock
Ontario : Ignition Interlock Devices on Re-instatement After Suspension
Ontario : Minimum Fine/Jail
Ontario : Driving Prohibition
Ontario : Automatic 90 Day Suspension when Charged with Over 80 or Refusal
Breath Instruments Links
Breath and Blood Departments and Standards Links
Constructive Peer Review is Encouraged By and Among Judges, Lawyers, and Forensic Scientists and Technologists- Click an Add, Edit, or Update Link to Participate
This Criminal Law first offence page is for expression by students of law and forensic science in understanding and peer reviewing important Criminal Law: first offence concepts, words, issues, and ideas. This site is not intended to provide Criminal legal advice to the public. Members of the public with Criminal law questions should consult and retain a Criminal lawyer or attorney for proper legal advice. Because this first offence information comes from many sources who may not be Criminal law lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to rely upon this first offence information. This database was developed by Stephen R. Biss, Barrister & Solicitor, who practices law in Mississauga, Ontario, Canada.
DUI Law: List of Words, Concepts, Issues, Terminology, and Ideas
Criminal Law: List of Words, Concepts, Issues, Terminology, and Ideas
Charter of Rights Law: List of Words, Concepts, Issues, Terminology, and Ideas
Youth Court Law: List of Words, Concepts, Issues, Terminology, and Ideas
Family Law: List of Words, Concepts, Issues, Terminology, and Ideas
For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. The author and the participants make no representation or warranty whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. The participants do not practice in association. WARNING: All information contained herein is provided by students of the law for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.
Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly.