Charged with dui, can i apply my citizenship or renew my pr

[Jasdeepsidhu]

I got my PR back in oct 2013 n now i am eligible to apply citizenship but i got charged with dui. My trial is due in may 2018. I just wanted to know can i apply for citizenship or renew my permanent residence status as its due for renewal in next year in April. If anyone have any information about it would be highly appreciated

Thank you

 

[scylla]

I would hold off applying for citizenship util your trial is over and a decision on the charges has been made. CIC won't process your citizenship application until the outcome of the trial is known.

 

[trebor]

I got my PR back in oct 2013 n now i am eligible to apply citizenship but i got charged with dui. My trial is due in may 2018. I just wanted to know can i apply for citizenship or renew my permanent residence status as its due for renewal in next year in April. If anyone have any information about it would be highly appreciated

Thank you

Hi we are in the same situation. yes you can still renew your pr card. i assumed that you got charged dui just this year 2017? you have your PR status already,just wait for your trial

 

[rahul061]

Hi Jaspreet
I am going through the same . I got my my first DUI. And on crown disclosure they said "this is an appropriate case for :with 5 diversion program like direct accountability and few others" plus they looking for custody and driving probation on early guilty pleasure.
I noticed their was 31 min delay in completion of the breath samples at police station . As I was just sleeping in my car and tires was just touching the tires of another unoccupied vehicle in the parking lot and that person Informed the police but they never saw me driving but when cops came I was in driving seat sleeping but reading came 164 and 160.
I am just wondering if have something like it or I lll be really thankful if you can advise if I still can renew my pr card
Many thanks

 

[scylla]

Hi Jaspreet
I am going through the same . I got my my first DUI. And on crown disclosure they said "this is an appropriate case for :with 5 diversion program like direct accountability and few others" plus they looking for custody and driving probation on early guilty pleasure.
I noticed their was 31 min delay in completion of the breath samples at police station . As I was just sleeping in my car and tires was just touching the tires of another unoccupied vehicle in the parking lot and that person Informed the police but they never saw me driving but when cops came I was in driving seat sleeping but reading came 164 and 160.
I am just wondering if have something like it or I lll be really thankful if you can advise if I still can renew my pr card
Many thanks

Already answered here:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-but-charged-with-impaired-operation-with-bac-160.563370/

 

[canuck_in_uk]

Hi Jaspreet
I am going through the same . I got my my first DUI. And on crown disclosure they said "this is an appropriate case for :with 5 diversion program like direct accountability and few others" plus they looking for custody and driving probation on early guilty pleasure.
I noticed their was 31 min delay in completion of the breath samples at police station . As I was just sleeping in my car and tires was just touching the tires of another unoccupied vehicle in the parking lot and that person Informed the police but they never saw me driving but when cops came I was in driving seat sleeping but reading came 164 and 160.
I am just wondering if have something like it or I lll be really thankful if you can advise if I still can renew my pr card
Many thanks

Interesting how in this post, you were in the driver's seat but in the other post, you were not in the car...

 

[zardoz]

The precedent via case law in the UK is that you are in a parked vehicle and you have possession of the keys, you are "in control" of it, regardless of where or why you are inside it. If you are also over the BAC limit, you are guilty of DUI. "Not driving it" is not a defence.

Does the same logic hold in Canada?

 

[canuck_in_uk]

The precedent via case law in the UK is that you are in a parked vehicle and you have possession of the keys, you are "in control" of it, regardless of where or why you are inside it. If you are also over the BAC limit, you are guilty of DUI. "Not driving it" is not a defence.

Does the same logic hold in Canada?

Pretty much, yeah.

 

[Buletruck]

Does the same logic hold in Canada?

Yes you can be charged for being in “care and control” as long as you are in possession of the keys.

Not only can you be charged with operating a motor vehicle while impaired by alcohol or drugs, but also if you had “care or control of a motor vehicle” while impaired, as per section 253(1) of the Criminal Code of Canada. To be found in “care and control” it can be enough to be sitting in the driver’s seat.

 

[rahul061]

Interesting how in this post, you were in the driver's seat but in the other post, you were not in the car...

Hi I am sorry. It I couldn't recall the whole event at all. All I was thinking that I wasn't in the car.

 

[rahul061]

Interesting how in this post, you were in the driver's seat but in the other post, you were not in the car...

Hi there
I was just wondering if I can go with diversion program so I can avoid a criminal record. And hopefully if they can dismiss if I complete the diversion program.
Thank you

 

[canuck_in_uk]

Hi there
I was just wondering if I can go with diversion program so I can avoid a criminal record. And hopefully if they can dismiss if I complete the diversion program.
Thank you

After driving with a blood alcohol content twice the legal limit, I hope not.

 

[TJ Sing]

I am a PR and was in a Dui situation last year. My trial finished a few weeks ago and I was acquitted. You can renew your PR card but cannot apply for citizenship. Getting convicted can have a major impact on jobs and travel. All I have learnt from this is to never ever drink or drive. It can destroy your and other lives.

My limits were low right around 0.09 and that helped. Secondly what helped was getting a good lawyer. Do your research, not what just google recommends or the so called DUI specialists. Get an experienced and reputable Criminal lawyer. I know that it can be very expensive to get a good lawyer, but a conviction can have a huge impact on your life.

 

[Harmanhira87]

hey were U able To renew your pr card?
Thanks

 

[scylla]

hey were U able To renew your pr card?
Thanks

Canada has stiffened its rules around DUIs and this is now considered as a serious crime. As a result, DUIs can now result in the loss of your PR status. You want to make sure you are working with a really good lawyer to get the charges dropped or reduced to a non-DUI offence.

This info may be helpful: https://www.albertacriminaldefencelawyers.ca/dui-lawyer-calgary/can-a-dui-affect-permanent-residency/#:~:text=But most significantly, DUIs are,a first-time DUI offence.