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Consequences of a DUI on Car Insurance in Ontario

Criminal Charges
jason-baxter-xcpJason Baxter

Consequences of a DUI on Insurance

A DUI conviction in Ontario almost always leads to higher insurance premiums. Insurance companies view impaired driving as a high-risk behaviour. A conviction is recorded on your Ministry of Transportation (MTO) driving abstract, and even if your criminal charge is reduced to careless driving, insurance providers still classify you as high-risk.

Insurance companies review up to three years of your driving record when determining your premiums. A conviction—even if it’s not criminal—can trigger a major increase. In some cases, you may be denied regular coverage altogether and forced to seek insurance from high-risk providers, which can double or triple your premiums.

Careless driving, often used as a plea deal to avoid a criminal record, still results in permanent notations on your MTO abstract. Even though it’s not a criminal offence, insurers treat it with the same seriousness because of the circumstances behind the charge. If both a 90-day administrative suspension and a careless conviction appear on your record, insurers often assume you were originally charged with impaired driving.

Your insurance can also be affected if your blood alcohol level was over the provincial limit (50mg) but under the criminal limit (80mg). Even without a conviction, a three-day roadside suspension is recorded on your abstract, and this can be visible to insurers. Some companies may increase your rates based on this suspension alone.

Increased insurance premiums are not the only issue. You may also face difficulty obtaining commercial insurance if you’re a professional driver. Many employers in trucking, delivery, or transport industries won’t hire individuals with recent DUI-related entries on their abstract—even if no conviction occurred.

Can You Fight a DUI in Ontario?

Fighting a DUI charge in Ontario is possible and often recommended, especially when trying to avoid insurance penalties. The legal process allows you to challenge the evidence and seek a resolution that may reduce or eliminate the criminal charge.

You begin by attending a Crown pretrial, where your lawyer and the Crown Attorney discuss the case. If your case involves legal or procedural issues, there may be a judicial pretrial with a judge. This process helps assess whether a full trial is needed or whether a resolution can be reached earlier.

Here is the general sequence for fighting a DUI charge:

  1. Initial 90-Day Suspension – After you’re charged, your licence is automatically suspended.
  2. Disclosure – You receive police notes, video, and testing results.
  3. Pretrial Discussions – Your lawyer meets with the Crown to examine weaknesses in the case.
  4. Charter Applications (if needed) – Your lawyer may argue police violated your rights, which can suppress evidence.
  5. Trial Date Set – If no resolution is reached, a trial is scheduled—usually three to twelve months after the charge.

Trials in Ontario DUI cases do not include juries unless the incident caused serious injuries or death. Most trials are conducted in the Ontario Court of Justice. If your trial is not completed within 18 months of the charge, you can apply to have it dismissed for delay under the Jordan decision.

Should You Hire a DUI Lawyer? – Yes

Hiring a lawyer who specializes in DUI cases will give you the best chance to avoid conviction and minimize insurance consequences. DUI law in Ontario is technical and often hinges on proper police procedure and machine calibration, which most general criminal lawyers may not focus on.

A skilled DUI lawyer knows how to identify unlawful breath demands, Charter breaches, and procedural mistakes. For example, if police failed to have a breathalyzer present at the time of demand or made the demand unlawfully inside your home, evidence may be thrown out. These are the types of flaws that experienced lawyers look for right away.

You should choose a lawyer who asks detailed questions during your first meeting, such as whether you were in control of the vehicle, where you were stopped, or whether you had immediate access to legal counsel. These questions help uncover possible defences specific to your situation.

Fees for fighting a DUI typically range from $5,000 to $20,000, depending on the complexity. While this can be expensive, a conviction without a defence can cost more over time when you factor in insurance increases, employment issues, and licence reinstatement fees.

How Much Does a DUI Lawyer Cost?

The cost of hiring a DUI lawyer in Ontario depends on the complexity and seriousness of your case. Here’s what you can expect:

  • Basic cases:
    • Start around $5,000
    • Usually involve a single court appearance or a plea deal
  • Moderate cases:
    • Range from $7,500 to $12,000
    • Involve multiple court dates, pretrial meetings, or Charter applications
  • Complex or trial cases:
    • Can cost $15,000 to $20,000 or more
    • Include multi-day trials, expert witnesses, and detailed evidence review
  • Payment structure:
    • Most DUI lawyers charge flat fees
    • Payment plans may be available depending on the firm
  • Additional costs:
    • Court transcripts (if needed)
    • Expert reports or toxicology analysis
    • Travel or administrative fees in rare cases

Hiring a lawyer is a major decision, but strong legal defence can often reduce long-term financial loss from insurance hikes, licence suspensions, and lost income.

Can You Get a DUI Removed From Your Record?

You cannot automatically remove a DUI conviction from your criminal record, but you can apply for a record suspension. This process is managed by the Parole Board of Canada and is only available five years after your sentence is completed.

Record suspensions are not guaranteed. You must complete an application, pay a fee of about $60, and show that you have stayed out of legal trouble. If successful, your criminal record is sealed, which can help you in job applications and reduce future insurance problems. However, the Ministry of Transportation abstract (your driving record) is separate and will still show licence suspensions and traffic-related entries.

If your DUI was resolved to a non-criminal charge, such as careless driving, your record with the Ministry will still list the conviction indefinitely. Insurance companies will continue to use this information when setting rates. Even if a criminal conviction is removed, the insurance system often considers your entire driving history when calculating premiums.

While it’s possible to reduce the effect of a DUI with time and a clean record, the best way to limit long-term insurance consequences is to avoid a conviction in the first place. This is why fighting the charge with proper legal support can make a meaningful difference.

X-Copper Specializes in DUIs – We Can Help You

We understand how overwhelming it can feel to face a DUI charge—especially when your insurance, job, and future are on the line. We’ve helped thousands of people across Ontario deal with these exact situations, and we know what it takes to fight back.

Our focus is always on protecting your record, keeping your insurance from getting out of control, and finding the best possible outcome for your case. Whether you’re looking to challenge the charge or reduce the impact, we’re ready to guide you through every step.

If you’re unsure about what to do next, talk to us. We’ll review your case, explain your options clearly, and help you make the right move. You don’t have to face this alone—reach out today.

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