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Tom Rees | Criminal Defence Lawyer Winnipeg
26
May

What is the Sentencing Range for an Impaired Driving Conviction?

 

If you are convicted of impaired driving, the sentencing range depends on whether this is the first, second, or subsequent impaired driving conviction.

For a first conviction, the minimum sentence is a fine of $1000 and a 12 month driving prohibition. For a second conviction, a minimum 30 days imprisonment and a 2 year driving prohibition. For a subsequent offence, a minimum 120 days imprisonment and a 3 year driving prohibition.

The Crown Attorney has discretion to proceed with an impaired driving charge as a second offence if you have a previous impair driving conviction.

The maximum sentence for impaired driving depends on whether the Crown elects to proceed by summary conviction or prosecute by indictment. For summary convictions, the maximum sentence is 18 months imprisonment or a $5000 fine. For indictable convictions, the maximum sentence is 5 years imprisonment.

The sentencing judge will consider a number of factors when determining sentence. For example, a blood alcohol reading exceeding one hundred and sixty milligrams of alcohol in one hundred millilitres of blood is statutorily aggravating. The court will consider the nature of your driving and whether anyone was put at risk or injured.

In Manitoba, if you are convicted of an impaired driving offence your driver’s licence will also be suspended under the Highway Traffic Act. For a first offence, a 1 year suspension (2 years if convicted of failure or refusal to provide breath sample). For a second offence, a 5 year suspension (7 years if convicted of failure or refusal to provide breath sample). For a third offence, a 10 year suspension. For a fourth or subsequent offence, a life suspension.

To read more articles written by Joshua Rogala, click here to view his website.

*Note: The information on this page is for general knowledge and is not legal advice.

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