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DUI - Blow a 'Warn' or over 0.05. What happens next?



- What happens when the Police make you take a roadside breath test and the result comes back as a "Warn”?

- First, some important context.

- The Police will make you take a breath test if they suspect that you've consumed alcohol while driving or in the care or control of a vehicle.

- At the roadside, you'll be asked to blow into a device.

- This device will come back with three possible results.

- Pass, which means you've done nothing wrong.

- Fail, which indicates that your blood alcohol concentration level is above 80.  

- At this point, the Police will place you under arrest and will take you to the Police station to undergo further alcohol testing.

- The third possible result is a "warn."

- That means that the device detected alcohol in your system above 50 but below 80, which would place you under arrest.

- However, there are consequences of blowing in this "warn" range.



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- First, your driver's license will be immediately suspended.

- If this is the first time you've blown a "warn" result, then your license will be suspended for 3 days with a $250 fine.

- On a second "warn" result, you'll get a 7-day immediate suspension, a $350 fine, and you'll be required to take an education or treatment program.

- On a third "warn" result, you'll get a 30-day immediate suspension, a $450 fine, you'll be required to take an education or treatment program, and you will have to get an Ignition Interlock installed for 6-months.

- Once installed in your vehicle, you will need to blow into this device. And your car will only start if you have zero alcohol in your system.

- And finally, you will have to pay a license reinstatement fee to get your license back after the suspension period.

- You cannot drive during your license suspension period.

- If you drive and get caught, you will face a charge under section 53(1) of the Highway Traffic Act of Ontario called, Driving While Under Suspension.

- This is a serious charge that carries with it an automatic 6-month license suspension and a minimum fine of $1,000.

- If you've previously been convicted of this charge in the past, in addition to the fines and the 6-month suspension, you will face up to 6 months in jail.



https://youtu.be/_eoZoB3_iHk https://www.nextlaw.ca/2022/05/10/dui-blow-a-warn/

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