Roger Walsh, of St. Lazare, Quebec, holds some dubious impaired-driving records. Not only does he hold the Canadian record for most DUI convictions, with 19, but that last conviction earned him a record for receiving the longest prison sentence — “life” — ever handed down by a Canadian court for impaired driving.
With 19 DUI convictions under his belt — not to mention 114 other convictions for various other offenses — a life sentence may not seem that harsh. However, even if Walsh had only been convicted for that last DUI, he still faced a potential life sentence because he had been charged with impaired driving causing death.
The DUI criminal defence lawyers of the Greater Toronto Area’s Mass Tsang law firm strive to warn their clients and the general public about the severe consequences imposed on those convicted of impaired driving. Roger Walsh’s story exemplifies how harsh those consequences can be when an impaired driver causes death. Any time you drink and drive, you risk causing injuries and death to other people. Thus, the law authorizes severe penalties for the offence.
Let’s further examine the offence of impaired driving causing death, along with similar laws addressing impaired driving causing bodily harm. Not only do you not want to be the cause of someone’s injuries or death, but you also don’t want to face the legal consequences of being so.
Note: Cases involving impaired driving causing injury or death can involve both severe sentencing exposure and complex evidentiary questions, including impairment, causation, police procedure, and aggravating factors.
“ Cases involving injury or death require more than a standard impaired-driving analysis. A strong defence must examine impairment evidence, causation, police procedure, and every factor that may affect sentencing exposure.”
— Jeff Mass , Co-Founder, Mass Tsang LLP
| Offence / Issue | How the Article Describes It | Potential Sentence or Consequence |
|---|---|---|
| Basic impaired driving - summary conviction | Criminal impaired driving charged summarily | Maximum two years imprisonment and minimum $1,000 fine |
| Basic impaired driving - indictment | Criminal impaired driving charged by indictment | Maximum 10 years imprisonment and minimum $1,000 fine |
| Second impaired driving conviction | Subsequent conviction under either offence category | Mandatory minimum 30 days imprisonment |
| Third or subsequent impaired driving conviction | Further subsequent conviction | Mandatory minimum 120 days imprisonment |
| Impaired driving causing bodily harm | DUI that causes injury or bodily harm | Maximum 14 years imprisonment when charged by indictment |
| Impaired driving causing death | DUI that causes a fatality | Maximum life imprisonment |
| Refusal to comply with DUI testing | Refusing demanded roadside screening, breathalyzer, or other DUI testing | Same penalties as the equivalent DUI offence, with possible aggravating sentencing impact |
As a “criminal” offence, a DUI conviction carries severe penalties and other negative impacts, whether the Crown charges it as an indictable or summary conviction offence. As an indictable offence, a basic DUI conviction carries a maximum 10-year prison sentence and a minimum $1,000 fine. As a summary conviction offence, the respective maximum and minimum sentences are two years’ imprisonment and a $1,000 fine. Subsequent convictions under both offence categories lead to mandatory minimum jail terms of 30 days for a second offence, and 120 days for each subsequent one. Judges can also impose higher fines for subsequent convictions, starting at up to $5,000 for a second one.
Ontario’s Highway Safety Act further penalizes those convicted with:
Other DUI conviction consequences include:
| Consequence | First Conviction | Second Conviction | Subsequent Convictions |
|---|---|---|---|
| Licence suspension | One year | Three years | Lifetime / indefinite suspension |
| Ignition interlock | Mandatory term starting at one year | Longer mandatory term | Longer mandatory term |
| Back on Track program | Mandatory | Mandatory | Mandatory |
| Financial impact | Minimum $2,200+ in related fees, plus fines and transportation costs | Higher fines and ongoing costs | Higher fines and long-term costs |
| Insurance impact | High-risk premiums may apply for years | Higher risk and cost exposure | Long-term high-risk insurance consequences |
If Ontario Police charge you with impaired driving causing bodily harm or death, a lengthy prison sentence is a distinct possibility. Because the whole purpose of DUI laws is to prevent impaired driving fatalities and injuries, Crown prosecutors typically seek severe punishment for those so charged. A DUI conviction that causes death or injuries carries all of the consequences resulting from a basic DUI charge. However, the Criminal Code authorizes much higher prison terms for those convicted. Section 320.2 of the Code imposes a maximum 14-year term on those convicted under indictment of impaired driving causing bodily harm. When charged as a summary conviction offence, it carries the same penalties as a standard DUI. However, prosecutors tend to charge the offence by indictment.
Section 320.21 imposes a maximum life imprisonment term for impaired driving causing death, which can only be charged as an indictable offence. However, the minimum sentence is the same as it is for a standard DUI. As noted, Roger Walsh is the only person convicted of the offence in Canada who has been sentenced to a lifetime sentence (and he was granted day parole in 2019 and is likely now free on full parole).
According to MADD Canada , sentences of 18-24 months were often the norm before 2007, with many defendants granted conditional status that allowed some form of in-the-community detention. The organization, which has long called for stricter sentencing, believes that sentences in the four-plus range are now standard, and legislation has limited judicial use of conditional sentencing in such cases.
With regard to impaired driving causing bodily harm, MADD believes that only about 80% of offenders receive custodial sentences, with an average term of about 214 days.
| Issue | Standard DUI | DUI Causing Bodily Harm or Death |
|---|---|---|
| Crown position | Serious criminal offence | Prosecutors typically seek severe punishment |
| Custodial sentence risk | Possible, especially for repeat offences | Distinct likelihood of imprisonment |
| Maximum sentence | Up to 10 years by indictment | Up to 14 years for bodily harm; life for death |
| Causation issues | Usually focused on impairment and operation | Crown must connect impaired driving to injury or death |
| Life consequences | Licence, insurance, record, employment, education, and travel impacts | All standard DUI consequences plus heightened sentencing and public-safety concerns |
“ In serious impaired-driving cases, causation can become as important as impairment. The defence must carefully examine whether the Crown can prove that the alleged impairment legally caused the injury or death.”
— Robbie Tsang , Co-Founder, Mass Tsang LLP
While some form of custodial sentencing is typically imposed on the majority of convicted DUI offenders who cause death or injuries, aggravating factors can make it a certainty. Section 320.22 of the Code sets out aggravating factors judges must consider in their DUI sentencing decisions:
| Aggravating Factor | Why It Matters |
|---|---|
| More than one person injured or killed | Increases the seriousness of the offence and potential sentence |
| Racing or speed contest | Suggests high-risk driving behaviour beyond impairment alone |
| Passenger under age 16 | Adds child-safety concerns to the sentencing analysis |
| Driver was being paid to operate the vehicle | Raises the expected duty of care for professional or paid driving |
| BAC at or above 120 mg of alcohol in 100 mL of blood | Signals a higher level of alcohol concentration |
| Large motor vehicle involved | Raises the risk of catastrophic harm |
| Driver was not legally permitted to operate the vehicle | Adds licensing or prohibition-related concerns |
| Defence Issue | What the Defence May Examine |
|---|---|
| Impairment evidence | Whether alcohol, drug, breath, blood, or observational evidence is reliable and legally admissible |
| Causation | Whether the alleged impairment actually caused the bodily harm or death |
| Police stop or detention | Whether police had lawful grounds and followed proper procedure |
| Charter rights | Whether rights to counsel, timely testing, or other constitutional protections were breached |
| Accident reconstruction / other causes | Whether road conditions, another driver, mechanical issues, or other factors contributed |
| Sentencing factors | Whether mitigating factors reduce the appropriate sentence if conviction occurs |
Police investigation and DUI testing
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Charge laid and Crown election
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Disclosure and evidence review
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Causation and Charter analysis
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Resolution discussions or trial
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Sentencing, acquittal, or negotiated outcome
“ Early defence work can be critical in serious DUI cases. Preserving evidence, reviewing disclosure, and identifying procedural issues may significantly affect the direction of the case.”
— Jeff Mass , Co-Founder, Mass Tsang LLP
With 30 years of combined experience defending Greater Toronto Area clients in DUI cases, the lawyers of Mass Tsang have distinct expertise in defending those accused of impaired driving causing bodily harm or death. Join the 1,000-plus clients who secured a positive outcome in their DUI cases by contacting us today for a free consultation.
Legal Disclaimer: This article is for general information only and does not constitute legal advice. Anyone charged with impaired driving causing bodily harm or death should speak with a criminal defence lawyer about their specific circumstances.
Ontario criminal defence lawyers, like those at Mass Tsang, typically advise potential clients that they should not refuse to undergo DUI testing if demanded by the police. Such refusals constitute a criminal offence that carries the same penalties as the equivalent DUI, and the burden of proving guilt is often lower than it is for standard DUI cases. Additionally, judges typically perceive such refusals as an aggravating factor in their sentencing decisions, which can lead to even harsher punishment.
According to the latest Statistics Canada’s incident-based crime data, since 2020, Ontario Police have charged an average of 11 motorists per year with impaired driving causing bodily harm. For the same time frame, Ontario Police have charged an average of four drivers per year for impaired driving causing death.
Common criminal defences against impaired driving causing bodily harm or death include:
Not necessarily. While the Ontario Highway Traffic Act mandates an indefinite/lifetime license suspension for those convicted of impaired driving causing death, the suspension can be reduced after 25 years if you meet strict criteria.
Yes. Ontario criminal defence lawyers, like those at Mass Tsang, frequently negotiate reduced charges that can include dangerous operation causing injury or death, criminal negligence, and others.
