Hamilton 2nd DUI Defence
Fighting a Second Offence DUI in Hamilton, Ontario
Due to the severe and harsh punishments handed out to Hamilton DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
What To Do When Charged With a Second Offence DUI in Hamilton, ON
The consequences of a conviction for a 2nd DUI offence can be disastrous to the life of the accused. Sentencing under the Criminal Code of Law has harsh punishments and in some cases, DUI second offence penalties are so extreme that paying the quantum of stipulated fines can lead a person perpetually into debt.
Your best option when faced with a 2nd offence DUI is to get in touch with a reliable and experienced drinking and driving lawyer who will fight your case in trial. We are one of the most reputed DUI lawyers in Hamilton and have consistently shown favorable results on behalf of our clients in DUI cases. Do not hesitate to contact us when faced with a second DUI charge.
The Consequences of a Second Offence DUI in Hamilton, Ontario
Getting a 2nd DUI is the last thing you would wish for. It puts you in the category of “repeat offender” which, in any city in Ontario, will mean more fines and penalties than in the first DUI offence. It gets more worse if you have committed the 2nd offence DUI within 5 years of the first offence. In this case, as far as the Crown is concerned, prosecutors will go all out to establish that you have broken the law once and you will continue to endanger the lives of other motorists and people on the road.
As a result, both the police officers and the prosecutors will do everything in their capacity to ensure that you cannot beat stiff sentencing and penalties. Your best option in such second offence DUI is to seek help from a top flight DUI lawyer who will get you out of the impending adverse consequences. We at Hamilton DUI Lawyer have a team of DUI lawyers who have the expertise to find flaws in the circumstances leading to your arrest as well as making sure that the Charter Right Provisions have been scrupulously followed in your case.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Hamilton
Types Of DUI Charges:
Consequences Of A DUI:
A Brief Overview of Sentencing for 2nd Offence DUI Offenders in Hamilton
First, as stated earlier, a second DUI can lead to extreme penalties, simply because the accused is considered to be a threat on the roads. There are several consequences that you will be faced with under this offence but the most severe is the permanent loss of your driver’s license and a jail term and/or probation can be imposed for a period of 5 years. However, in rare cases an exception is made and a hardship license may be issued to the accused. In such cases, an Ignition Interlock Device will have to be installed in the car for a minimum period of a year or even more.
Both the cost of installation and the maintenance of the device will be at the expense of the accused, adding to financial woes of the convicted 2nd offender.
The Different Sentences in Hamilton for a DUI Second Offence
Any person who has been convicted in Hamilton, Ontario for a 2nd drunk driving offence automatically faces a countrywide driving prohibition, jail term, fines and other penalties.
The minimum sentences for DUI second offence is as follows:
- 30 days in jail and a 24 month driving prohibition
- If no one is killed and the Crown decides on summary conviction, the maximum sentence is 18 months in jail.
- If no one is killed and the Crown decides on indictment, the maximum sentence is 5 years of jail.
- In case bodily harm has been caused, the maximum sentence is a 10-year jail sentence.
- In case a person is killed because of the offence, the maximum sentence is life imprisonment.
- Under Federal law, most provinces are allowed to have ignition interlock programs. In the provinces where this is a part of the system, an accused can drive with an interlock device 6 months after the day of sentence for a second offence DUI.
Was This Your Second DUI in Hamilton within 10 Years of the First?
Hamilton has implemented stricter DUI laws recently with tougher consequences and quantum of sentencing than before. Any driver with a second DUI within 5 to 10 years of the first DUI faces an automatic suspension of license for 1 year or longer. Upon conviction, the offender faces a mandatory jail term of 90 days to 6 months on average. In any case, either for conviction or for a guilty plea within 10 years, an interlock device has to be installed and maintained for a period of 2 years along with all other costs.
Defending a Second DUI in Hamilton – Hire Us Today and Fight the Consequences
Getting a top of the line DUI Lawyer is essential to fighting a 2nd offence DUI in Hamilton, Ontario. We will work out strategies to beat the charges through inspecting the circumstances that led to the arrest and evaluating whether the Charter Rights of the accused have been fully adhered to.
Give us a call today for more information and a free consultation.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
Hamilton DUI Defence Attorney
