Although all jurisdictions in North America consider alcohol-related driving charges serious, there is definitely no consensus on the best way to punish those who drink and drive. In a survey of states and provinces, it was found that there were large differences in minimum fines, license suspensions, imprisonment, and other consequences.
In Canada, the offense of drunk driving is a federal offense and is governed by the Canadian Penal Code. There is a standard penalty across Canada if you are criminally charged with an alcohol or driving related offence. On the first offense, the minimum fine is $1,000.00 and a license suspension for one year. Jail time is possible and an option for judges when sentencing in more serious cases.
The legal maximum blood alcohol content is 0.08% in Canada. However, provinces are free to institute their own regulations regarding alcohol and driving on provincial roads. Some provinces, such as British Columbia and Nova Scotia, have penalties that are immediate, such as highway driver’s license suspension for drivers who have a BAC based on a breath test machine that is less than the criminal statutory limit. However, a driver charged under these provincial rules is not criminally charged. Although some of these penalties can be severe, if a driver is only charged under a provincial regulation, he will not have a criminal record.
However, in the US, individual states have the authority to legislate laws related to drink driving and blood alcohol concentration levels. Each State has its own penalties and awards that are legislated by the State. Although all states in the US currently have a standard maximum blood alcohol concentration of 0.08%, this has not always been the case. Until recently, there was even a variation in the legal blood alcohol concentration limit between states.
In a survey of penalties for drink-driving offences, it was found that there is wide variation in the number of states that impose penalties for those offences. Some like Michigan have a first offense fine of just $100.00 while other states like Washington have a minimum fine of $1,120.50.
Jail sentences for a first offense also vary greatly. In Pennsylvania, jail time is not legislated if your BAC was between 0.08% AND 0.099%, but in Washington state, you will spend 24 hours in jail and up to 1 year. There is also the possibility of a period of electronic home surveillance in Washington.
Some states have different penalties depending on your BAC when you were arrested. In Michigan, having a BAC greater than 0.17% is now considered a “Super DUI” and carries increased penalties upon conviction.
Additionally, there are places in the United States where a drunk driver faces increased penalties if they were driving with a passenger under a certain age. In some States this age is 21 years, while others have legislated harsher penalties for transporting a child under 16 years of age.
Perhaps one of the most complicated systems for determining sentencing and fine for a DUI conviction is found in the State of South Carolina. Penalties for a DWI in North Carolina are based on a very complicated system that includes items such as “mitigating factors” and “severely aggravating factors.” This is definitely a state where you will benefit from the services of drunk driving attorneys. to help you negotiate and navigate through the court system.