Do you know that a DUI charge has been a Federal Criminal Offence in Canada since 1921? It is, and it is also the most common type of criminal charge in the entire nation. Luckily for those convicted with driving under the influence, it is possible to get a record suspension or a DUI pardon in Canada.
What Is DUI?
A DUI is a charge for driving under the influence. In Canada, it refers to operating a motor vehicle under the influence of drugs or alcohol and is categorized as a criminal offence.
The above means that anyone driving with a blood alcohol level of more than 80 milligrams of alcohol per 100 milliliters of blood in Canada can be punished under the Criminal Code. This is usually found out by a breath test that can be administered on it’s own or after a failed physical coordination test.
It is normal for a police officer to ask someone suspected of being under the influence to undergo the mentioned tests to ensure road safety; more so if someone has been observed to be driving erratically or is smelling strongly of alcohol. An evaluating officer may also request for a urine or blood sample to test for drugs in order to determine if someone has been driving under the influence of such.
A DUI Arrest and Conviction
Having a high blood alcohol level or failing a physical coordination test can lead to a DUI arrest. Failure to comply with the tests can result to license suspension as well.
Note that fines and suspensions will have some differences depending on which province and territory a suspected DUI occurred. The severity of the consequences are dependent on whether someone was harmed and/or how cooperative the person being arrested is.
Charges may also be dropped if it was later revealed that the taking of breath, urine, and blood samples were done in violation of The Canadian Charter of Rights and Freedoms particularly Section 8.
It should be noted that penalties and suspensions may still be dealt with even though someone passed the blood alcohol level assessment and other related tests. Some people may simply have a lower tolerance and different provinces and territories each have their own parameters of assessment.
Impaired Driving in Canada
The Government of Canada has introduced stiffer penalties and more rigid restrictions for impaired driving since 2008. A $1000 fine for the first offence and 30 and 120 days jail time for the second and 3rd offences.
People convicted of a DUI charge will have it as a criminal record attached to their name until they get a DUI pardon or a record suspension. Having a DUI charge attached to one’s name will mean a harder time getting employment, applying for insurance, going out of the country, and so on.
Apply for DUI Record Suspension or Get a DUI Pardon
Calvin Barry Law can help you apply for a DUI pardon or a record suspension even though it is not yet 5 years past the date when you paid your DUI fine (but be sure to pay any fines as soon as possible!). The Calvin Barry DUI Lawyer team can gather all the paperwork you need before the application process and work with you throughout the 10-12 months process of cleaning your records.
Need help from Calvin Barry, DUI Lawyer to get a DUI pardon? Calvin Barry Law has been helping people get a DUI pardon for years. Contact us or drop by our office so we can talk about your case as soon as possible.