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In 1976, Parliament made the penalty the same as driving while impaired, created the offence of refusing to provide a breath sample (with the same penalties), and created laws allowing the police to use roadside screening devices. [4] Both offences are now set out in the same section of the Criminal Code, section 320.14. [5]
Section 718 of the Criminal Code sets out the purposes of sentencing [6] and acts to protect society and to contribute, along with crime prevention initiatives, respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that include one or more of a codified list of sentencing objectives, [7] as follows:
All non-summary offences are indictable: the available penalties are greater for indictable offences than for summary offences. These in turn may be divided into three categories: 1. Very serious indictable-only offences including treason and murder (section 235) [2] that are listed in section 469 of the Criminal Code. [2]
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BAC over 0.2% or DUI caught 3 times : License revocation for indefinite period and imprisonment for up to 5 years and fine up to KRW 20,000,000(about USD $20,000). Drunk driving crash resulting in death : 3 years minimum, up to life imprisonment. [54] The penalties were increased after public resentment towards lenient sentencing. [55]
[5] [6] For example, individuals found in the driver's seat of a car while intoxicated and holding the car keys, even while parked, may be charged with DUI because they are in control of the vehicle. [7] In contrast, California only makes it illegal to drive a motor vehicle while under the influence, requiring actual "driving". "The distinction ...
However, a driver is not legally obligated to submit to field sobriety tests, pre-arrest breath tests, or cheek swabs at a DUI checkpoint, according to Shouse California Law Group.
Penalty assessments also increase to somewhere between $520 to $1,300, which can bring total fines to $1,020 and $1,800. Again, you also face the possibility of your vehicle getting impounded ...