AR Law

Are You a Commercial Driver in Ontario?

If you drive commercially in Ontario and you’re charged with driving under the influence (DUI), you could lose your job as well as your Commercial Vehicle Operator’s Registration (CVOR). You must be defended by a Toronto DUI lawyer, and you must reach out to that lawyer at once.

Driving under the influence is called “impaired driving” in Canada, and Ontario enforces a zero-tolerance law for commercial drivers. You may not have any cannabis or alcohol in your system when you drive a vehicle that requires a Commercial Vehicle Operator’s Registration in Ontario.

There is only a single exception to Ontario’s zero-tolerance law. Medical cannabis patients are not subject to the zero-tolerance requirements, although a cannabis patient nevertheless may still face a criminal charge if his or her ability to drive was impaired by using medical cannabis.

Impaired driving remains a serious concern in Ontario. More than 10,000 drivers were charged with impaired driving in Ontario in 2023. Hundreds of serious injuries, along with forty-nine fatalities, were also reported in alcohol- and drug-related traffic accidents in Ontario in 2023.

Why Are Impaired Driving Penalties Harsher for Commercial Drivers?

The penalties for DUI convictions are often harsher for commercial drivers because commercial drivers generally have a greater obligation than other drivers to drive safely. Drivers of taxis, buses, and other drivers who carry passengers are answerable for the safety of those passengers.

Many commercial drivers are truckers who deliver products and goods throughout Ontario and across Canada. However, because they haul valuable cargo and often drive large trucks, these commercial drivers usually face harsher penalties in Ontario for impaired driving convictions.

Large trucks usually cause far more damage in traffic collisions than automobiles or pickup trucks. A fully-loaded large commercial truck, for example, may weigh forty or more tons, while the typical automobile weighs only about three thousand pounds.

What Are the Penalties for Commercial Drivers Who Are Convicted of DUI?

If alcohol or drugs are detected in a commercial driver’s bloodstream, that driver’s license is suspended for 90 days, with no immediate fine. There’s also a $281 license reinstatement fee. These are “administrative” penalties entirely separate from any criminal DUI prosecution.

A commercial driver who receives a criminal conviction for impaired driving in Ontario may be penalized with a one-year license suspension and a minimum fine of $1,000. Subsequent DUI convictions will almost always entail lengthier license suspensions and additional penalties.

When Will You Need to Contact a DUI Defence Lawyer?

A commercial driver must carry a valid Commercial Vehicle Operator’s Registration in order to stay employed. In other words, you must avoid a conviction for impaired driving. Promptly hiring a DUI lawyer gives you the best chance to retain your CVOR and protect your future.

If a commercial driver in the Toronto area and you’re placed under arrest for impaired driving, call an Ontario DUI lawyer as quickly as you can. Your lawyer will examine the details of the case and develop an appropriate, aggressive, effective strategy for your defence.

Until you consult your DUI defence lawyer, exercise your right to remain silent. Whatever you say to the police could be misinterpreted or twisted and used against you. Be polite to the police officers, but insist on your legal rights and speak to your lawyer before answering any questions.

An arrest and a DUI charge do not necessarily mean that you will be convicted, but your Ontario DUI lawyer will need time to prepare a defence strategy on your behalf, so acting as swiftly as possible is absolutely essential.

How Will Your DUI Defence Lawyer Handle Your Impaired Driving Case?

Your lawyer will cast doubt on the case against you, and you may be able to avoid a conviction and the costly penalties that a DUI conviction entails for a commercial driver. The tactics an impaired driving lawyer may use to prevail in a commercial driver’s defence include:

1.  challenging the reason for the traffic stop that led to the impaired driving charge
2.  challenging the way the driver’s impairment was established
3.  challenging the reliability or accuracy of a breathalyzer device or field sobriety test
4. offering medical evidence that explains why a commercial driver appeared to be impaired
5. negotiating with the crown prosecutor to drop or reduce the charge or reduce the penalties

A DUI lawyer will protect your rights, explain your legal options, describe the penalties you may face, and fight for the justice you need. If the police violated your rights or if medical evidence can be offered on your behalf, your lawyer will seek a dismissal of the charge or an acquittal.

Your lawyer may question the legal basis of your impaired driving arrest, the results of a breathalyzer test, or the credentials of the individual who conducted the test. But with so many lawyers practicing in and near the Toronto area, how can you, as a commercial driver, locate a DUI lawyer who will prioritize your case and fight effectively for justice on your behalf?

Commercial Drivers in Ontario Can Rely on AR Law

In a DUI case, your lawyer’s attention to detail can make the difference between a conviction and an acquittal. At AR Law, Toronto DUI lawyer Arvin Ross will develop a defence strategy that brings your impaired driving case to its best possible outcome. He has substantial experience – and he’s had a record of success – defending drivers charged with DUI in the Toronto area.

The legal defence team at AR Law knows all too well what an impaired driving conviction can do, especially if you are a commercial driver, to your job, your family, and your future. If you’re charged with impaired driving, call us at once for a no-cost, no-obligation review of your case.

Our law offices are located in Scarborough and Oshawa, and we represent commercial drivers accused of impaired driving in the Toronto area and throughout Ontario. If you are charged with impaired driving, call AR Law immediately at 416-960-0781, and let us go to work for you.

What Are the Potential Consequences of Being Convicted as a Repeat Offender in Ontario?

The consequences of repeat convictions in Ontario can be significant. The province’s government reported earlier in 2024 that it’s putting more repeat offenders involved in violent crimes in jail and more closely monitoring activity while the repeat offenders are out on bail. 

The consequences for nonviolent repeat offence convictions are also severe. For example, while a first-time DUI conviction can result in a one-year license suspension and a fine of up to $1,000, a second or third DUI conviction can lead to at least 30 days in jail and a fine that’s up to the judge’s determination. 

In general, someone facing a conviction for a crime they’ve previously been convicted for may face some or all of the following consequences.

• Mandatory time in jail, or more time in jail than would have been decreed for a first offense. (Note that sentences of two years or fewer usually are served in provincial jails called remand or detention centres, or provisional correctional centres, while longer sentences are usually served in federal penitentiaries.)
• Potential to be denied early release for good behaviour.
• Stiffer fines.
• More stringent parole and probation requirements, plus potentially closer monitoring by law enforcement while on parole and probation.
• The convicted person may have difficulty gaining access to rehabilitation programs because of their criminal history.
• There are myriad consequences that someone charged with a repeat offence, particularly those involving violent crimes, could face. 

What Defenses Might Be Used to Reduce the Severity of Repeat Offender Convictions?

Every criminal defense case is unique. There is no single defense tactic that applies to every situation. That’s why it’s crucial to contact an experienced criminal defense lawyer as soon as possible who can examine the specifics of your charges to help you determine the best possible approach.

That being said, there are several strategies that might be used, again depending on the circumstances of the case. These are just a few of the strategies your lawyer could use to try to have the charges dismissed, withdrawn, or reduced, or to have you acquitted.

• Negotiate for reduced charges or push to have the charges dropped. 
• Negotiate for a peace bond. In Canada, a peace bond is a criminal court order that requires the person receiving it to maintain good behaviour and remain peaceful. The bond can restrict what the person can do, where they can go, and who they can see. That can be anything from restricting the person from seeing an ex-spouse or possessing firearms, for example. A peace bond usually lasts up to 12 months, and if any of the terms are violated, they could face criminal charges again.
• Challenge the evidence in the case, including witness testimony.
• Look for charter rights violations. For example, if illegal drugs were found in an illegal search and seizure, your charter rights may have been violated, and the drugs may not be admissible in court. 
• Present evidence of the charged person’s innocence along with positive witness testimony or testimony backing up the evidence of innocence.
• If convicted, appeal the conviction or negotiate for less stringent sentencing terms.

If I’m Convicted of a Repeat Offense in Ontario, Is There Any Chance of a Reduced Sentence?

Don’t give up hope if you’re convicted of repeat offenses. There are still possibilities that your criminal defense lawyer can help you receive a reduced sentence. Many factors can affect the court’s decision when it comes to sentencing, including but not limited to the following.

• What types of charges were involved. Summary conviction offenses are usually less severe than indictable offenses and could lead to lesser consequences.
• Whether or not any person was harmed or whether or not society is considered to be harmed. 
• The type and extent of the crime. Even if repeated, less serious crimes may lead to less severe outcomes. 
• Whether the person convicted may be eligible for parole under Canadian law.

What Are Mandatory Minimum Sentences in Ontario?

Mandatory minimum sentences (MMS) in Canada are in a state of change. Earlier in the 2000s, there was a trend toward requiring MMS in the hopes that they would act as a deterrent and reduce crime. However, other trains of thought have argued that they’re not a deterrent, and because each case is unique and complex, the judge in each case should have more discretion over determining what an appropriate sentence would be for that specific case.

In fact, the Canadian Supreme Court recently struck down three of the so-called “tough on crimes” sentencing guidelines as being unconstitutional. One such guideline required a year in jail for drug offenses. The Court said that was cruel and unusual punishment because the circumstances of many drug cases vary too widely, and not all of them warranted that level of consequence.

It’s important to understand that a MMS may not involve jail time but rather fines, victim restitution, or probation.

What Should I Do if I’m Being Charged as a Repeat Offender in Ontario?

Call AR Law as soon as possible at 416-960-0781 to request a free case evaluation. The consequences of being convicted as a repeat offender can be severe, even life-changing. Working with an experienced, knowledgeable criminal defense lawyer who understands the law and potential tactics to reduce the consequences could be in your best interests.