I agree there has to be tougher punishments for DUI's.
I found this information in my Province about DUI's. I know these laws may not be the same elsewhere but thought it would be interesting to share. Sorry this will be long to read..
Source: Manitoba Justice
Drinking and Driving is a Crime.
Drinking and driving is dangerous and it’s a crime. Manitoba takes a tough stand against drinking and driving any kind of vehicle, on or off the road.
Protect the safety of your family, friends and neighbours. Be road wise – make the right choice – don’t drink and drive!
Note - Fees and charges referred to below are subject to change.
Immediate Consequences under The Highway Traffic Act:
When stopped by the police, your driver’s licence can be suspended immediately for 24-hours if:
You fail or refuse a standardized field sobriety test (SFST). Trained officers have the authority to administer a series of field sobriety tests to assess whether a driver is impaired by alcohol or drugs.
You fail an approved roadside breath screening device.
You have a blood alcohol concentration of .05 or more.
When your licence is suspended for 24-hours:
You are disqualified from driving any type of vehicle on or off the road for the same time period.
You are subject to a $50 reinstatement fee.
If you receive two or more 24-hour suspensions in a three year period, you will be required to attend a mandatory impaired driver’s assessment at your own expense.
Along with the immediate 24-hour suspension:
If your blood alcohol concentration is .08 or more:
You will immediately receive a three-month administrative driver’s licence suspension, including disqualification from driving any vehicle including all-terrain or off-road vehicles.
Your vehicle will be impounded for at least 30 days. You may be subject to longer vehicle impoundment for higher blood alcohol levels and subsequent offences.
If you refuse to provide a breath or blood sample or refuse to comply with an SFST demand:
You will immediately receive a three-month administrative driver’s licence suspension, including disqualification from driving any vehicle including all-terrain or off-road vehicles.
Your vehicle will be impounded for at least 60 days.
If you fail a SFST:
You will immediately have your licence suspended for 24 hours.
You can also be asked to take a breathalyzer test, which could lead to an additional three-month licence suspension and vehicle impoundment if you refuse or fail the test.
Criminal Charges and Consequences upon Conviction
In addition to the immediate consequences enumerated for impaired driving, you can also be charged with criminal offences such as:
Driving while Impaired by Drugs or Alcohol
Driving with a Blood Alcohol Concentration over .08
Refusing to Provide a Breath or Blood Sample to Police upon Request
Impaired Driving Causing Bodily Harm or Death
Persons convicted of drive impaired, drive with a blood alcohol concentration over .08 or refuse breathalyzer may receive the following penalties:
A minimum fine of $600 for a first conviction.
A mandatory minimum jail sentence of 14 days for a second conviction or 90 days for subsequent convictions.
A minimum one year driving prohibition for a first conviction, a minimum 2 year driving prohibition for a second conviction and a minimum of 3 year driving prohibition for subsequent convictions.
Manitobans convicted of one the above Criminal Code charges face the following suspensions under The Highway Traffic Act:
Drive Impaired or Drive Over .08 – 1 year suspension for first conviction, 5 year suspension for second conviction, 10 year suspension for third conviction and lifetime suspension for four or more convictions within 10 years
Refusal to Provide Breath or Blood Sample – 2 year suspension for first conviction, 7 year suspension for second conviction,10 year suspension for third conviction and lifetime suspension for four or more convictions within 10 years
Impaired Driving Cause Bodily Harm or Death - 5 year suspension for first conviction, 10 year suspension for second conviction and a lifetime suspension for three convictions or more within 10 years
Vehicle forfeiture is another consequence that impaired drivers in Manitoba may face:
First-time offenders where death or bodily harm results from a crime involving a vehicle including impaired driving causing bodily harm or death; manslaughter; criminal negligence causing bodily harm or death; dangerous operation of a vehicle causing bodily harm or death; and flight from police causing bodily harm or death.
Offenders convicted of three Criminal Code driving offences with five years. The offences include: drive while impaired; driving with a blood alcohol level over. 08; refusing to supply a breath or blood sample; driving while disqualified; dangerous operation of a vehicle; flight from police and failure to stop at an accident.
Upon conviction, the vehicle is forfeited and becomes the property of the province.
Other Considerations:
Under the Graduated Licencing Program in Manitoba, there is a zero blood alcohol content mandated for a minimum of the first five years of driving.
All sanctions and Criminal Code penalties related to drinking and driving or impaired driving apply to all types of off-road vehicles. Off-road vehicles are any vehicles designed or adapted for cross-country travel on land, water, ice, snow, marsh or other natural terrain. Examples include snowmobiles, all-terrain vehicles, dirt bikes and construction or farm implements.
All convicted offenders of impaired driving cause death or bodily harm and all repeat impaired driving offenders are subject to a mandatory licence condition requiring them to use an ignition interlock device. Impaired drivers who have conditional licences are also required to use an ignition interlock device. The device requires a breath sample from the driver and prevents the vehicle from being operated if alcohol is detected.
Towing costs, storage costs and a provincial impoundment fee must be paid by vehicle owners before their vehicles can be released. The approximate cost is $450 for a 30-day impoundment and $900 for a 90-day impoundment. Registered owners who were not driving when the vehicle was impounded may apply to have the vehicle released. Costs must still be paid before the vehicle is released.
If your driver’s licence is suspended you may have to:
Pay a driver’s licence reinstatement fee of $50.
Undergo an assessment of your alcohol/drug use at a cost of $525. The assessment is conducted by the Addictions Foundation of Manitoba (AFM).
Pay a licence surcharge premium to Manitoba Public Insurance of up to $999.
Complete driver exams or a driving course, at a cost ranging from $40 to $150.
