Aggravating factors are circumstances around an offence that increase its severity. They can entail additional penalties on top of the base penalty a charge already carries.
Aggravating Factors Specific to a DUI Charge
Section 320.22 of the Criminal Code lists the following circumstances as aggravating in an impaired driving sentencing:
- Bodily harm or death to more than one person.
- Racing or a contest of speed on a road or public place at the time of the offence.
- A passenger under 16 in the vehicle.
- Being paid to operate the vehicle, such as a commercial or rideshare driver.
- A blood alcohol concentration of 120 mg or more per 100 mL of blood.
- Operating a large motor vehicle, like a transport truck.
- Not being legally permitted to drive at all, such as an already-disqualified driver.
The high BAC factor doesn’t add anything to a standard first offence. It becomes an aggravating factor mainly on repeat offences.
Impaired Driving Causing Death in Canada
Death is the most serious outcome, and it changes the charge entirely. Such serious cases require assistance and representation from a Toronto DUI lawyer who knows local courts and will be able to make a real difference.
Impaired driving causing death carries a maximum sentence of life imprisonment under section 320.21 of the Criminal Code.
Starting January 1, 2026, a conviction for impaired driving causing death in Canada also triggers a lifetime suspension of your provincial driver’s licence, on top of any penalties from criminal court. Reinstatement is possible after 25 years, but only in limited circumstances.
Aggravating and Mitigating Factors
While aggravating circumstances make the penalties more severe, mitigating factors do the opposite. Having no prior record, showing genuine remorse, or voluntarily starting treatment before the case is even resolved are amongst such factors and can influence the outcome of your DUI case.