Skip to main content


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.



_____________________

✅   DUI Arrest Test - You should take our free “DUI Arrest Test.”  This free test assesses the nature of your arrest to determine if your charges may be withdrawn.

_____________________

✅   Book a free, confidential call with lawyer, Dan Joffe - Reach out and let’s discuss a legal strategy to get the best outcome for your DUI charge.

____________________



- 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/

Comments

Post a Comment

Popular posts from this blog

Distracted driving has become one of the most significant road safety issues in Ontario and across Canada in recent years. To address this growing problem, the Ontario government introduced Section 78(1) of the Highway Traffic Act, which prohibits using hand-held devices while driving. This article provides a detailed overview of Section 78(1), its implications for drivers, and its impact on road safety in Ontario. Background and Context With the proliferation of smartphones and other mobile devices, distracted driving emerged as a significant concern. Studies have shown that using a phone while driving significantly increases the risk of accidents. In response, Ontario first banned hand-held devices while driving in 2009. Section 78(1) was later introduced to strengthen and clarify these laws. Key Provisions of Section 78(1) - Section 78(1) of the Highway Traffic Act states: "No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless co...
Post a Comment
Read more
This is BAD for your DUI Case - In this article, I will explain what increases the seriousness of your DUI case. - This is an important topic because a more serious DUI case will significantly impact your legal process and the outcome you may face. _____________________ ✅   Take our DUI Arrest Test _____________________ ✅   Book a free, confidential call with lawyer, Dan Joffe ____________________ - There’s something called aggravating factors that can impact the gravity of your Impaired Driving, Over 80 or Refusal Breathalyser case. - In plain English, it means there’s evidence surrounding your DUI, which increases the severity of what happened. - Here are some examples of aggravating factors. - Very high blood alcohol readings. - If there were kids in your vehicle. - If you were travelling at a high rate of speed. - If you were driving in an erratic manner such as swerving your vehicle in and out of traffic. - An accident causing property damag...
Post a Comment
Read more