How Long Does a DUI Charge Stay on Your Record?
When you receive a DUI conviction in Ontario, it understandably carries with it serious penalties and legal consequences. In addition to potential jail time, fines, and a suspended licence, as a criminal offence, a DUI is put on one’s permanent criminal record.
Long after the terms of your sentence are concluded, such a conviction will continue to follow you around. Any time a background check is done for a job, when you apply to rent an apartment, or with other processes and procedures in life, there is the risk that a DUI conviction will present itself.
A criminal offence such as a DUI does not stay on your criminal record in perpetuity. Some DUI convictions can be eventually expunged. Even if expungement is not an option, a DUI conviction can still be removed from your driving record after a specified amount of time.
If you are looking to remove a DUI conviction from your criminal record, contact a DUI lawyer at Costa Law Firm.
Understanding DUI Convictions
A DUI or impaired driving offence in the Criminal Code of Canada refers to operating a conveyance with a blood alcohol concentration exceeding 80 mg per 100 ml of blood or operating a conveyance while impaired to any degree by alcohol or a drug, or a combination of both. A conveyance in this context refers to a motor vehicle, vessel, boat, airplane, train, and similar motorized vehicles. A DUI conviction can be issued to someone impaired by legal substances as well, such as prescription medications or cannabis.
Impact of a DUI Charge on Your Driving Record
A DUI charge stays on your criminal record and Ontario Ministry of Transportation driving abstract record for several years.
The MTO considers a DUI conviction 10 years old or less to be a prior conviction that can be used to escalate licence suspensions for subsequent convictions. If you plead guilty or are found guilty on DUI charges, the MTO will search your driving record abstract to see if there have been convictions within the past decade. If they find a single prior DUI conviction, your driver’s licence will be automatically suspended for three years. If the MTO finds two or more prior DUI cases, your licence will then be suspended permanently and you will no longer be permitted to drive.
How DUI Impacts a Driver’s Insurance
A DUI conviction has lasting financial consequences, particularly when it comes to auto insurance. Once convicted, insurers label you as a high-risk driver, which leads to substantial premium increases—often doubling or tripling your previous rates. Some insurance providers may even refuse to renew your policy, requiring you to seek coverage from specialized high-risk insurers, which typically charge even higher premiums.
Consequences of a DUI Conviction
There’s no question that a DUI arrest and conviction has lasting consequences. The legal penalties are severe in addition to the broader impact it can have on a person’s life.
From a legal standpoint, DUI charges result in fines, driving prohibitions, and licence suspensions. For repeat offenders or excessively severe violations, impaired driving can lead to imprisonment.
If you have pled guilty to a DUI and have prior DUI charges to your name, the Crown may file a Notice of Application of Increased Penalty. The result is a lengthy mandatory minimum jail term and prohibition on driving.
After one has navigated through the legal consequences of a DUI conviction, there’s still the aftermath. Professional opportunities are limited, especially if you’re seeking a position requiring a clean criminal record and/or driving record. This puts a financial burden on you and limits your income-making potential. As if that wasn’t enough, understandably, someone with DUI charges on their criminal record can expect to pay increased insurance rates.
How Long a DUI in Ontario Stays on Your Record
An impaired driving conviction or DUI will remain on your criminal record indefinitely. The only way to have DUI charges removed is if you obtain a record suspension.
Removing a DUI from Your Criminal Record
To receive a record suspension, or DUI pardon, one must apply which is where a DUI lawyer can assist.
Eligibility to apply for a record suspension starts 5 years after the completion of a summary conviction offence or 10 years if it was an indictable offence. This waiting period begins immediately after the completion of your sentence and includes waiting until the end of any period of prohibition or probation.
This means you are ineligible to receive a record suspension until 7 or 12 years – or likely longer – following the mandatory minimum driving prohibition of 1-year for a first time DUI conviction.
Getting Approved to Remove Your DUI Record
To launch a successful application to have your DUI record removed, an applicant must demonstrate and maintain good conduct. The application must be filed with the Parole Board of Canada and be complete. Court records and character references must be provided in support of your application.
The Board will review your application, review the circumstances surrounding your criminal charges, and consider the public interest and administration of justice.
It is important to note that, if approved, your conviction is not erased in full. However, a successful record suspension can alleviate much of the stress of impaired driving charges as it relates to employment opportunities with potential employers, insurance premiums, travel restrictions, and future criminal background checks.
The Importance of Hiring a DUI Lawyer
If you are being charged with Driving Under The Influence, understand that you have legal options available.
A DUI lawyer is an experienced legal professional who will work on your behalf if you are facing DUI charges and its potential consequences.
A skilled DUI lawyer can review and identify key details of your DUI arrest. They can offer guidance into how to question the evidence and explore avenues to potentially have these charges dropped, winning your case, or securing a favorable plea deal which can sometimes involve avoiding a criminal record.
Furthermore, if you are facing a complex impaired driving case, an expert DUI lawyer is all the more essential.
- Were there aggravating circumstances?
- How strong is the evidence that you were drunk drinking?
- What are the immediate penalties being proposed?
- Were you convicted before of a DUI and this is not your first offence?
- Did your impaired driving cause bodily harm or death?
These are all situations where a DUI lawyer can help you reduce the charges, lessen the penalties, and ensure you put forth your best defense.
Seek Legal Counsel and Support to Beat Your DUI Charges
Don’t let a DUI stay on your criminal record forever.
Reach out to a Toronto DUI lawyer at Costa Law Firm today to discuss strategies that can be used to remove these criminal charges from your name.
If you’ve been convicted in the past and have followed through with every consequence issued by the courts, talk to a member of our legal team to discover what options are available to you to ensure you can live your life free from the stigma of having a prior DUI conviction attached to your record.
CAUTIONARY WARNING: these writings are intended by Costa Law Firm Professional Corporation to serve strictly for promotional purposes and are not to be considered to be legal advice to the reader’s particular situation – ALWAYS actively consult directly and exchange particular information with a licensed lawyer or paralegal as appropriate in the circumstances.
David Costa
Dir.(416)788-6329
