In Ontario, a charge for driving under the influence (DUI) is not just a fleeting mistake; it’s a criminal charge with enduring consequences. The question we often encounter at our criminal defense law firm is – how long does a DUI linger on your criminal record and your Ontario Ministry of Transportation (“MTO”) driving abstract record? Allow us to offer some clarity on this matter.

In this article, we elucidate what the Ontario law states about a DUI, how long it stays on your record, the possibility of having it removed, and how a DUI attorney can aid in lessening the consequences you face.

What Does a DUI Mean Under Ontario Law?

According to section 320.14 of the Canadian Criminal Code, a DUI or impaired driving charge includes operating a conveyance (e.g., a car, boat, airplane, train, etc.) with a blood alcohol concentration (BAC) over 80 mg per 100 ml of blood, or operating a conveyance while impaired by alcohol, a drug or a combination of both. It also covers drug-impaired driving, including legal substances like prescription drugs or cannabis.

What are the Ramifications of a DUI?

A DUI conviction in Ontario carries severe legal penalties and broader impacts on life. Legally, it may lead to fines, driving prohibitions, license suspensions, and even imprisonment, particularly for repeat offenders or serious violations. It can also hinder professional opportunities, especially in careers that require a clean criminal and driving record. Financially, the burden is amplified with increased insurance rates.

How Long Does a DUI Stay on Your Criminal Record and Ontario Ministry of Transportation Records?

A DUI conviction results in a criminal record that stays indefinitely, unless or until you secure a record suspension. If you have pleaded guilty to a DUI and have one or more prior DUI convictions, the Crown can file a Notice of Application of Increased Penalty, resulting in extended mandatory minimum jail terms and driving prohibitions.

The Ontario Ministry of Transportation (“MTO”) also documents DUI convictions. Any DUI conviction that is 10 years old or less is considered a prior conviction by the MTO, resulting in escalating license suspensions for subsequent convictions. 

Can a DUI be Removed from Your Criminal Record?

Despite the overwhelming nature of an impaired driving conviction, there is a possibility to clear your criminal record. This can be achieved by applying for and receiving a record suspension, formerly known as a DUI “pardon.” You can apply for a DUI record suspension 5 years after completing a summary conviction offense or 10 years for an indictable offense. 

Obtaining a record suspension does not eliminate a conviction, but it can lessen its impact on your life.

How Can a DUI Lawyer Help in Mitigating the Consequences of a DUI?

Engaging the services of a competent DUI lawyer is essential when facing DUI charges. They can help mitigate the impact of the consequences or penalties you could face.

Experienced criminal lawyers can dissect the details of your DUI arrest, question the validity of evidence, and explore ways to win your case or secure favorable plea deals. Their expertise becomes invaluable in complex scenarios such as a second DUI offense or severe impaired driving convictions.

Orcus Law – Protecting Your Rights, Record, and Future

A DUI can stay indefinitely on your criminal record unless you make successful strides to secure a record suspension. The MTO also maintains separate records of DUI convictions, which can lead to a lifetime driving suspension for a third-time offender.

The specific details of your case will determine the duration of the impact of a previous DUI conviction. The process of applying for a DUI record suspension is intricate and requires careful navigation, given the grave long-term repercussions of a DUI or impaired driving conviction. We recommend contacting an experienced lawyer if you ever face a DUI charge.

At Orcus Law, our lawyers offer bespoke legal representation for DUI and other Criminal Code driving offenses, backed by a history of successful case outcomes. We are here to protect your rights. If you’re facing DUI charges, contact us today for a free consultation.

Disclaimer: The information in this blog post is for general informational purposes only and should not be construed as legal advice. The author does not guarantee the accuracy or completeness of the content, and reliance on it is at your own risk. Consult a qualified legal professional for personalized advice.