DUI Laws in Canada
Driving under the influence is defined as "impaired driving" in Canada. Impaired driving in Canada incurs automatic fines, restricted driving privileges, prison time for multiple offenses or a sentence if the impaired driver caused bodily harm or killed someone else. Canadian police have discretion to charge uncooperative drivers if they have reason to believe that they are driving impaired.
Other People Are Reading
-
Legal blood alcohol limit
-
The legal blood alcohol limit in Canada is 80 mg per 100 ml of blood, which is the the same legal limit in the United States. Canadian officers typically test blood alcohol levels with a breathalyzer, but can use a blood test to determine the exact concentration. A driver can be arrested even if they did not exhibit impaired behavior. Refusing a breathalyzer test does not prevent an arrest. If the driver has slurred speech, bloodshot eyes, alcohol-scented breath, or if the driver could not stay in his driving lane, the officer can charge the driver with being "over 80," which is the Canadian Department of Justice's term for being over the legal limit.
Minimum punishment for impaired driving
-
The Canadian legal system considers impaired driving a serious criminal offense. For the first offense, drivers must pay a minimum fine of $600 Canadian and cannot drive for 1 to 3 years. Drivers are sentenced to at least 14 days in jail and cannot drive for 2 to 5 years for a second offense. Drivers with multiple offenses will be sentenced for at least 90 days in jail and cannot drive for at least 3 years, or perhaps for the rest of their life. If an impaired driver caused bodily harm, the judge can sentence him or her to serve a maximum of 10 years in prison. If an impaired driver killed someone, the judge can sentence him or her to serve a life-sentence in prison.
-
DUI conviction and the immigration act
-
Canadian law considers impaired driving a felony, which is an "excludable offense" under the Immigration Act. Therefore, any US Citizen convicted of DUI, DWI, reckless driving or negligent driving can be denied entrance into Canada at any point of entry. If there are two or less convictions on a person's record and the convictions did not involve serious property damage or death, the convicted person can apply for a temporary resident permit through a Canadian consulate in the US to gain entrance into Canada.
-
References
Resources
- Photo Credit lemon image by Mat Hayward from Fotolia.com
