DUI charges for international student?

[Crassiva]

What happens if an international student is charged with DUI? anyone on the same boat?

 

[scylla]

What happens if an international student is charged with DUI? anyone on the same boat?

That's bad news and will create issues for your future stay in Canada if you are convicted.

Hire a very good lawyer and get the charges either dropped or reduced to a non-DUI charge.

The rules changed a few years ago and a DUI is now a much more serious situation for an international student then it was previously.

 

[Crassiva]

That's bad news and will create issues for your future stay in Canada if you are convicted.

Hire a very good lawyer and get the charges either dropped or reduced to a non-DUI charge.

Whats the likelyhood of the charges being dropped or reduced with a alcohol level of 240mg/100ml blood? do you know any good lawyers you can suggest?

 

[scylla]

Whats the likelyhood of the charges being dropped or reduced with a alcohol level of 240mg/100ml blood? do you know any good lawyers you can suggest?

I'm not a criminal lawyer and don't know what the chances are.

I don't know any lawyers to recommend.

 

[PMM]

Hi

What happens if an international student is charged with DUI? anyone on the same boat?

1. If you are convicted, it is considered serious criminality, and if you are reported, there is a very good chance you will be removed from Canada.

 

[Crassiva]

Hi



1. If you are convicted, it is considered serious criminality, and if you are reported, there is a very good chance you will be removed from Canada.

Hi thanks for your reply, what do you mean by if you get reported?

 

[canuck78]

Hi thanks for your reply, what do you mean by if you get reported?

think what @PMM means is that once convicted the courts can report your case to CBSA who can chose to deport you. It will depend on the length of your mail sentence or if you get a Jail sentence. When you go to apply for any status in Canada you will have to declare any criminal record. Depending on what your criminal record is that could make you inadmissible to Canada. You need a criminal lawyer who can take into account your immigration status.

 

[Ottawa-applicant]

Like everyone else said in here. You will need to get a good criminal and immigration lawyer for defense and legal advise.
Make sure they are aware of your immigration status and the consequences if you are convicted.

 

[scylla]

Holy jumpin'! .240 is a VERY high reading - 3 times the legal limit.

That was my reaction exactly when I saw this. I didn't want to be a downer, but I agree it's going to take a lot of $$$ to try to fix this and an excellent lawyer. That's an absolutely terrible BAC. How one can even be driving a car at that point...

 

[Crassiva]

Holy jumpin'! .240 is a VERY high reading - 3 times the legal limit. Criminal Code amendments in 2018 made impaired driving law and penalties tougher. If you end up convicted after a trial, you could face jail, as well as a fine of $1,000 or more, plus a lengthy driving prohibition. On top, it could be fatal to your immigration status. With evidence of a .240 reading, you can expect a pretty good tongue lashing from the bench, but that will be the least part.

Your only hope at trial, as I see it, is to somehow suppress the breathalyzer evidence. There are endless ways to attack it, including arguments it was procured in breach of the Charter of Rights. It will take a good lawyer. I do not know your province. A perusal of your previous posts shows one that hints at Ontario, but just a guess.

You asked about charges being dropped. No chance, not at .240, unless there is a serious flaw in the Crown's case.

As for charges reduced. To what? You could offer to plead guilty to a parking ticket in exchange for a stay of proceedings. Sorry to sound flip, but I see little prospect there. Again, if your lawyer sees a hole in the Crown's case making it risky for the Crown to go to trial, but risky for you too, maybe a deal could be cut, but chances are slim.

In short, you need to take this very seriously, and soon. To do that will cost money. Your legal bill could easily be $15,000 or more. One must remember:

Justice is open to every man. Just like the Ritz Hotel.

I wasn't even driving the car i was just charging my phone to order an uber or call a friend Plus i'm just 3 months here so i didn't know the laws unfortuantely...

 

[Naturgrl]

I wasn't even driving the car i was just charging my phone to order an uber or call a friend Plus i'm just 3 months here so i didn't know the laws unfortuantely...

Where were you sitting in the car? Do you have a driver's license? Was it your car? It doesn't matter if you aren't driving, if you are sitting in the driver seat with the engine turned off or even sleeping, you can be charged with impaired driving. The law is designed to prevent impaired driving too.

Start googling lawyers in your area. Pick a firm that focuses on impaired driving and if lucky immigration too.

 

[Frozen11]

Holy jumpin'! .240 is a VERY high reading - 3 times the legal limit. Criminal Code amendments in 2018 made impaired driving law and penalties tougher. If you end up convicted after a trial, you could face jail, as well as a fine of $1,000 or more, plus a lengthy driving prohibition. On top, it could be fatal to your immigration status. With evidence of a .240 reading, you can expect a pretty good tongue lashing from the bench, but that will be the least part.

Your only hope at trial, as I see it, is to somehow suppress the breathalyzer evidence. There are endless ways to attack it, including arguments it was procured in breach of the Charter of Rights. It will take a good lawyer. I do not know your province. A perusal of your previous posts shows one that hints at Ontario, but just a guess.

You asked about charges being dropped. No chance, not at .240, unless there is a serious flaw in the Crown's case.

As for charges reduced. To what? You could offer to plead guilty to a parking ticket in exchange for a stay of proceedings. Sorry to sound flip, but I see little prospect there. Again, if your lawyer sees a hole in the Crown's case making it risky for the Crown to go to trial, but risky for you too, maybe a deal could be cut, but chances are slim.

In short, you need to take this very seriously, and soon. To do that will cost money. Your legal bill could easily be $15,000 or more. One must remember:

Justice is open to every man. Just like the Ritz Hotel.

Agreed! The social aspects of a reading that high alone are going to make it difficult for you! Best of luck!

 

[scylla]

I wasn't even driving the car i was just charging my phone to order an uber or call a friend Plus i'm just 3 months here so i didn't know the laws unfortuantely...

Claiming ignorance of the law won't help you. You need to get yourself an excellent lawyer and get prepared to shell out some big $$$.

 

[Crassiva]

Naturgrl is right. It does not matter that you were not driving. The Criminal Code uses the word "operate" and that is defined to include both driving and merely having "care and control". All the more reason to hire a lawyer experienced in these matters. Sometimes, whether one had "care and control" can be an arguable proposition.

As Naturgrl suggests, even sleeping in the vehicle can get you charged if you have the keys in your possession and you could have set the vehicle in motion. But the cases reveal a wide range of fact patterns and whether the facts in your case open the door to a legal argument for the defence will have to be determined by your lawyer.

The .240 BAC is indeed worrying. One of the few impaired cases I defended (unsuccessfully) years ago involved a reading in that range. At the trial in Provincial Court in Vancouver (222 Main St., still there), I was told by the judge: "At that level of impairment, you might as well put a gun in his hands and set him loose". The exact words spoken might have varied from that slightly. The "might as well put a gun in his hands" part I recall well.

I really appreciate your comment i hope everything goes well.

 

[Unknown12345]

I really appreciate your comment i hope everything goes well.

What’s the status now?