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Penalties for Blowing a “Warning”

Instead of being charged with the criminal offence of impaired driving, you are charged with a Provincial Offence for blowing in what is considered the “warn range” at a RIDE Program check point. A “warn range” offence is not a criminal offence. The penalties for a “warn range” offence are immediate and cannot be appealed in a court of law. In addition, the offence is recorded onto your driver’s record and applies to your driver license, too.

It is worth noting that if you are stopped by the police outside of a RIDE Program check point, and are found to be impaired, you can be charged with the criminal offence of “Impaired Driving.”

The penalties one is charged with take effect immediately and depend upon whether this is the driver’s first offence or a subsequent offence. “Warn range” offences remain on driving abstracts for five years. If someone is charged with a “warn range” offence and it has been less than five years since their prior one, it is considered a subsequent offence. Further, all offences include a $150 monetary fine.

First “Warn Range” Offence

  • Three-day immediate license suspension
  • Potential vehicle impound

 

Second “Warn Range” Offence

  • Seven-day immediate license suspension
  • Potential vehicle impound
  • Mandatory completion of an alcohol treatment program

 

Third “Warn Range” Offence

  • Thirty-day immediate license suspension
  • Mandatory installation of an interlock device
  • Required use of interlock device for six months
  • Mandatory completion of an alcohol treatment program
  • Potential vehicle impound

 

Subsequent “Warn Range” Offences

  • Thirty-day immediate license suspension
  • Mandatory installation of an interlock device
  • Required use of interlock device for six months
  • Required medical evaluation
  • Mandatory completion of an alcohol treatment program
  • Potential vehicle impound

 

Keep in mind your vehicle could be impounded on the spot for a “warn range” offence if there is no one who is able to drive the vehicle since the license suspension is immediate and you will not be allowed to drive away. Additionally, you insurance rates could increase.

Driving over 80

If you fail the RIDE Program screening test and blow over 0.80 milligrams of alcohol per 100 millilitres of blood, your vehicle is impounded immediately for a seven day period, your license is suspended for ninety days, and you are taken to the local police station where you are required to submit two additional samples. If both samples are also over 0.80, you are charged with the criminal offence “Driving over 80.”

The above information should not be used for actual legal advice. If you, a friend, or loved one has been charged with a criminal drinking and driving offence, contact Jeffrey Reisman, criminal defence lawyer now by calling 647-351-4357 for a free consultation appointment.

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If You Have Been Arrested

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Jeffrey I. Reisman
1000 Finch Ave. West, Suite 705 Toronto, ON M3J 2V5
Phone: 647.351.HELP (4357)