Law

What Happens When You Get DUI Charges In Canada

Driving under the influence laws are strict in Canada, as such driving poses a significant risk to public safety. If you have a DUI, the consequences can be serious. From heavy fines and possible time in jail, to further restrictions on your driver’s license and vehicle use. Here’s a look at what happens if you get a DUI in Canada and how long a DUI stays on your driving record in Canada. Here is some good news before you start reading — dui charges dropped! So you can get professional help and avoid the worst consequences at an affordable price. 

What Is A DUI In Canada?

DUI stands for “driving under the influence.” The term drunk driving is not used in Canada, as it may be associated with someone who is merely speaking or acting in a way that may be perceived as inappropriate by others. However, both short-term and long-term effects of alcohol can affect your mental and physical ability to drive. It is important to keep this in mind when considering how much you have had to drink before getting behind the wheel of a vehicle. 

A DUI in Canada can be charged if you operate a motorized vehicle with a blood alcohol concentration (BAC) of .08% or greater. This BAC level is the same as for most other countries, but there are certain penalties that may not apply to those living outside of Canada.

What Happens When You Get A DUI In Canada?

A DUI, Or Driving Under The Influence Of Alcohol Or Drugs, Is A Serious Offense And Can Lead To Severe Consequences.

  1. You’ll be charged with a crime, either simple or indictable, since it’s illegal to operate a motor vehicle if you have more than 80 milligrams of alcohol per 100 milliliters of blood (or 33 years old if you don’t have any alcohol in your system).
  2. You’ll be charged with a criminal offense in Canada, which means you have a criminal record whether or not you have been convicted.
  3. You’ll lose your license for at least one year (though it could be longer under some circumstances).
  4. The police officer who stopped you will become a witness for the Crown against you and your lawyer is not allowed to call that officer as a witness at trial (unless he or she becomes an expert in alcohol impairment and the reliability of alcohol testing equipment).
  5. You’ll have to report the new criminal charge to the Canada Border Services Agency (CBSA) and have an interview with them. They might refuse your entry into Canada and if they do, you’ll have to wait at least three years after you serve your jail sentence before you can apply to enter Canada again.
  6. If you are a permanent resident, you could lose your status in Canada if convicted of impaired driving because it will be considered a crime that reflects adversely on character.

How Long Does A DUI Stay On Your Driving Record?

Even if you are ultimately acquitted of all charges or the case is thrown out of court, there will still be a record of a charge on the Canadian DMV system. This will be kept for at least three years. If your charges are withdrawn, dismissed, or acquitted, the record should eventually be removed from the system.

The Consequences Of DUI Conviction In Canada

In Canada, there are different consequences for each driver depending on their age and how many times they’ve been convicted before. Minimum penalties vary from a fine up to $1,000 or up to two years in jail. For drivers under 21 who have never been convicted of DUI before, the sentence for the offense can be less than one year in jail. A second offense will result in a minimum of 6 months without a license and 10 years of probation. A third offense will result in a minimum of 12 months without a license and a lifetime of probation.

Applying For A Pardon For A DUI In Canada

A pardon is a document that can lead to the removal of your criminal record for driving under the influence offense. In order to qualify for a pardon or criminal record suspension, you’ll need to meet the requirements set by the national government. 

Applying for a pardon for a DUI in Canada is a possible way you can avoid the consequences of a DUI conviction. By applying for a pardon, you can start your sentence from the date of your arrest and avoid several penalties that might be associated with a DUI conviction. You can visit this page for more information about applying for pardons.

You should remember that driving under the influence is a very serious violation. If you feel  that you are not able to drive and you need to go somewhere, postpone this task for another day. This way you will protect yourself and the people around you. 

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