Kara Sears
Driving under the influence (DUI) is a serious crime in Canada, with impaired driving laws prohibiting driving while impaired by drugs, alcohol, or a combination of both. The federal government has implemented tough new DUI laws, increasing the maximum length of imprisonment to a decade. The penalties for impaired driving in Canada range from fines to life imprisonment, with additional laws or regulations varying across provinces and territories. For example, Ontario has recently increased the use of ignition interlocks, imposed lifetime driving bans for DUI causing death, and mandated education and treatment. The blood alcohol concentration (BAC) limit is typically 0.08, and refusal to submit to a breath test can result in penalties similar to impaired driving. Entering Canada with a DUI conviction from another country may result in denied entry, with some options for temporary entry or criminal rehabilitation.
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What You'll Learn
Entering Canada with a DUI
If you have a DUI (Driving Under Influence) charge or conviction, you may be denied entry into Canada. Canadian law considers impaired driving a serious crime, and a DUI is grounds for denying entry to the country. The method of transportation does not matter, and even if you are not planning to drive during your visit, you can still be stopped at the Canadian border.
To overcome this criminal inadmissibility, you must apply for and receive permission from Canadian authorities to enter the country. This can be a complex process, and it is recommended to consult an experienced Canadian immigration lawyer to maximize your chances of approval. There are two main ways to overcome criminal inadmissibility:
Temporary Solution: Temporary Resident Permit (TRP)
A TRP allows individuals with a DUI to enter and stay in Canada for a specific period, provided they have a valid reason for their visit. It is typically valid for multiple visits for up to three years. A TRP can be applied for at a Canadian visa office or, in emergencies, at the border.
Permanent Solution: Criminal Rehabilitation (CR)
Criminal Rehabilitation is an application process where individuals petition Canadian immigration authorities to forgive their prior DUI conviction. To be eligible, at least five years must have passed since the completion of the sentence, including any fines, community service, probation, or other court-imposed conditions. Criminal Rehabilitation, unlike a TRP, never needs to be renewed and provides lifetime access to Canada.
If your DUI conviction occurred before December 18, 2018, and more than ten years have passed since the completion of your sentence, you may be eligible for "Deemed Rehabilitation" and may not need to go through the rehabilitation process. However, it is important to consult a lawyer to determine your eligibility.
In summary, while a DUI can create significant challenges when entering Canada, there are legal pathways to overcome this inadmissibility, either temporarily or permanently, with proper planning and professional guidance.
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Penalties for impaired driving
Impaired driving is a serious crime in Canada, and the penalties for this offence vary depending on its severity. The Criminal Code prohibits driving while impaired by drugs, alcohol, or a combination of both. The penalties for impaired driving range from a mandatory minimum fine to life imprisonment. The prohibited blood-alcohol concentration (BAC) is 80 milligrams or more of alcohol per 100 millilitres of blood.
If a police officer has reasonable grounds to believe that a person is impaired by alcohol, they can demand breath samples to be taken with an approved instrument. If the officer suspects drug use, they can request an oral fluid sample, and if the driver tests positive, they may demand a blood sample. Refusal to comply with these demands can result in penalties identical to those for impaired driving.
The enactment of Bill C-46 repealed all Criminal Code driving offences and introduced new provisions, including recognising the reliability of approved instruments for blood alcohol concentration readings and evaluating officers for determining impairment.
In Ontario, new laws include increased use of ignition interlocks, lifetime driving bans for DUI causing death, and mandatory education and treatment. Other penalties include licence suspension, vehicle impoundment, and fines of up to $3,000. A conviction can also have lifelong impacts on employment, immigration status, and travel.
Additionally, a criminal record for impaired driving can affect admissibility to Canada, even if the individual does not intend to drive during their visit. A Temporary Resident Permit (TRP) or criminal rehabilitation may be required for entry.
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Blood Alcohol Concentration (BAC) limits
In Canada, the Criminal Code prohibits driving while impaired by drugs, alcohol, or a combination of both. The prohibited blood-alcohol concentration (BAC) is 80 milligrams or more of alcohol per 100 millilitres of blood. This is equivalent to a BAC of 0.08%.
If a police officer has reasonable grounds to believe that a person has been drinking alcohol and operating a vehicle within the past three hours, they can demand a breath sample to be provided into an approved screening device. These devices are typically calibrated to display a fail if a person has a BAC above 0.1%, warn or caution if a BAC is between 0.05% and 0.1%, and a numerical value if the BAC is below 0.05%. In Ontario, drivers with a BAC of 0.05% or more will have their licences suspended for seven days and their cars impounded for three days. A BAC of over 0.08% results in a three-month licence suspension and vehicle impoundment for a month, with fines exceeding $3,000.
If a driver is unable to provide a breath sample, a police officer can demand a blood sample under the direction of a medical doctor. Refusing to provide a breath sample can result in the same penalties as impaired driving, including a minimum fine of $2,000, a 90-day licence suspension, and a one-year driving prohibition.
It is important to note that impaired driving laws in Canada also apply to the presence of drugs in the body. THC, the primary psychoactive component of cannabis, has two prohibited levels: a less serious offence of 2-5 nanograms per millilitre of blood, and a more serious offence of 5 nanograms or more per millilitre of blood. When combined with alcohol, the prohibited levels are 50 milligrams or more of alcohol per 100 millilitres of blood and 2.5 nanograms or more of THC per millilitre of blood. The presence of other drugs, such as LSD, psilocybin, ketamine, cocaine, or methamphetamine, within two hours of driving is also prohibited.
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Drug impairment laws
Drug-impaired driving has been illegal in Canada since 1925. The Criminal Code prohibits driving while impaired by drugs, alcohol, or a combination of both. The prohibited blood-alcohol concentration (BAC) is 80 milligrams or more of alcohol per 100 millilitres of blood.
There are two prohibited levels for THC, the primary psychoactive component of cannabis: it is a less serious offence to have between 2 and 5 nanograms of THC per millilitre of blood. It is a more serious offence to have 5 nanograms of THC or more per millilitre of blood. The prohibited levels of alcohol and cannabis, when found in combination, are 50 milligrams or more of alcohol per 100 millilitres of blood and 2.5 nanograms or more of THC per millilitre of blood.
Having any detectable amount of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, or 6-mam (a metabolite of heroin) in your system within two hours of driving is prohibited. The prohibited level for GHB is 5 milligrams or more per litre of blood, as the body can naturally produce low levels of this drug.
Police officers can demand that any lawfully stopped driver provide a preliminary breath sample to test for alcohol, without reasonable suspicion. Oral fluid drug screeners can be used by police to detect the presence of some drugs in oral fluid, including THC. These devices are fast, non-invasive, and accurate. The police can demand an oral fluid sample if they reasonably suspect a driver has drugs in their body. Reasonable suspicion can be developed based on objective facts. If a driver tests positive, the positive result confirms the presence of the drug and, combined with other signs of impairment or drug use observed by the police at the roadside, may provide grounds for the investigation to proceed further by making a demand for a blood sample.
Standardized Field Sobriety Tests (SFST) and Drug Recognition Evaluations (DRE) are used by trained police officers and Drug Recognition Experts to determine if someone is under the influence and can be charged with impaired driving. SFST tests are conducted at the roadside to provide preliminary indications of impairment, while DRE evaluations are conducted at the police station and can include a bodily fluid sample. Blood samples are required to prove the new blood drug concentration offences.
Consequences for driving under the influence of drugs include license suspension, fines, criminal charges, and jail time. Impaired driving is the leading criminal cause of death and injury in Canada.
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Criminal inadmissibility
A DUI is considered a serious crime in Canada, and a conviction can result in criminal inadmissibility for Americans seeking to enter the country. This means that individuals with a DUI conviction may be denied entry into Canada, regardless of their transportation plans or whether they intend to drive during their visit.
The Canadian government has implemented tough new DUI laws, increasing the maximum length of imprisonment to a decade. As a result, impaired driving offences are now considered too serious to qualify for "deemed rehabilitation", a status that previously allowed individuals with a single non-serious conviction to enter the country after a certain period.
To maximize the likelihood of gaining entry into Canada with a DUI, it is recommended to consult with an experienced Canadian immigration lawyer. They can provide guidance on overcoming criminal inadmissibility issues and assist with the necessary steps before and during the application process.
In some cases, a Temporary Resident Permit (TRP) may be required to enter Canada with a DUI conviction. Obtaining a TRP involves a processing fee and requires justifying the reason for travelling to Canada, but it does not guarantee entry or continued stays in the country.
Criminal rehabilitation is another option to regain admissibility to Canada. To be eligible for criminal rehabilitation, individuals must meet certain criteria, and there must be enough time since the completion of all sentencing, including any probation. It is important to note that the specific regulations regarding criminal inadmissibility and rehabilitation may vary, and it is advisable to seek legal advice for personalized guidance.
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Frequently asked questions
Driving under the influence of drugs or alcohol is a serious crime in Canada. The Criminal Code prohibits driving while impaired by drugs, alcohol, or a combination of both. The prohibited blood-alcohol concentration (BAC) is 80 milligrams or more of alcohol per 100 millilitres of blood. The penalties for impaired driving range from a mandatory minimum fine to life imprisonment, depending on the severity of the offence.
On December 18, 2018, the Canadian government dramatically changed impaired driving laws across the country by repealing the old law and replacing it with newly expanded impaired driving laws. These new laws give police officers more power to demand breath and blood samples from drivers and increase the penalties for impaired driving. For example, in Ontario, drivers with a BAC of .05 or more will have their licenses suspended for seven days and their cars impounded for three days. A three-month license suspension and vehicle impoundment of one month are issued for drivers with a BAC of .08 or more.
A DUI is considered a serious crime in Canada, and a person with a criminal record for impaired driving may be deemed inadmissible to Canada. However, there are options for temporary entry, such as a Temporary Resident Permit (TRP), or criminal rehabilitation, which allows a person to become admissible to Canada again.
