PR - crime - driving while under the influence of alcohol

[a.mariana.ods]

I had a fine in Brazil for driving while under the influece of alchool.
I need to pay the fine and I'm not alowed to drive for 1 year.

No register was made in my criminal record!

I am inadimissible to get in Canada?
Do they ask for futher documents besides the criminal records?
Do I need to mention that I had this fine, even if is not resgitred in my criminal records?

Thak you.

 

[a16107]

no....unless it shows on criminal record

but you advise to mention it so its 50/50 at the end

 

[a.mariana.ods]

no....unless it shows on criminal record

but you advise to mention it so its 50/50 at the end

I was so stupid about doing that, and know I so afraid

 

[scylla]

I had a fine in Brazil for driving while under the influece of alchool.
I need to pay the fine and I'm not alowed to drive for 1 year.

No register was made in my criminal record!

I am inadimissible to get in Canada?
Do they ask for futher documents besides the criminal records?
Do I need to mention that I had this fine, even if is not resgitred in my criminal records?

Thak you.

Yes - a DUI generally makes you inadmissible to Canada - assuming your BAC was 0.08 or above.

If you fail to include information about this in your application and it's discovered during background / security checks, you'll be risking a 5 year ban.

 

[a.mariana.ods]

Yes - a DUI generally makes you inadmissible to Canada - assuming your BAC was 0.08 or above.

If you fail to include information about this in your application and it's discovered during background / security checks, you'll be risking a 5 year ban.

I refused to take a breather test, and a blood test wasn't required.
However, in Brazil we receive a fine when we recuse to take a test.
What do you think?

 

[scylla]

I refused to take a breather test, and a blood test wasn't required.
However, in Brazil we receive a fine when we recuse to take a test.
What do you think?

If you were specifically charged with driving under the influence, you are inadmissible to Canada.

 

[consh1985]

I think you need to analyze what's being asked in order to answer truthfully. To have a criminal record in Brazil, it is imperative that you are convicted of a crime. This means that you are given the opportunity to defend yourself in a court of law (legal due process). So, if the question is: 'have you ever been convicted...?', then the answer is obviously NO (if you haven't been convicted, that is...). However, a completely different question is: 'have you ever comitted a crime...?'. This is definitely a grey zone, because it's possible that - for the same conduct (DUI) - you'd be convicted in Canada but not in Brazil (perhaps depending on the legal process, the amount of alcohol in your system, etc). I think it would be a good idea to contact a canadian immigration lawyer and thus avoid a misrepresentation ban.

 

[consh1985]

There's more information here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html

It says: Under Canada’s immigration law, if you have committed or been convicted of a crime, you may not be allowed into Canada. In other words, you may be “criminally inadmissible.”

This includes both minor and serious crimes, such as:

• theft,
• assault,
• manslaughter,
• dangerous driving,
• driving while under the influence of drugs or alcohol, and
• possession of or trafficking in drugs or controlled substances.

I would definitely encourage you to reach out to an immigration lawyer before doing anything...

 

[consh1985]

If you were specifically charged with driving under the influence, you are inadmissible to Canada.

I' don't think this answer is correct. You are not automatically banned from Canada just because you were charged with a felony. You can be charged and then acquitted in a court of law. However, the problem here has to do with OP not willing to disclose this incident. I did a quick research of this issue and found an interesting opinion (https://canadian-visa-lawyer.com/understanding-criminal-inadmissibility/)...

"Given the serious potential consequences for non-disclosure, it is best to disclose any prior criminal history and to provide the supporting documentation relating to it such as court records and police reports. Although you may be reluctant to disclose a prior criminal history, you should be aware that there are many reasons why you may still be found admissible to Canada, including:

• You may have been charged with or convicted of a crime that is not a crime in Canada.
• You may have been convicted but because you completed your sentence at least five years ago you can apply for criminal rehabilitation to permanently overcome the conviction or be considered deemed rehabilitated if you completed your sentence at least 10 years ago.
• You may have had your criminal conviction expunged or pardoned and Canada will recognize the expungement or pardon and not hold the conviction against you.
• You may have been charged with a crime, but the available evidence is not sufficient to find that a crime was committed in the foreign country or in Canada.

In summary, when it comes to a prior criminal history, it is preferable to disclose more information rather than less. If you find yourself answering “yes” to the question of whether you have committed, been arrested for or have been charged or convicted with a criminal offence, then you may benefit from obtaining advice on whether your past criminal record will negatively affect your ability to come to Canada to visit, study or work, or obtain permanent residence."

 

[a.mariana.ods]

I think you need to analyze what's being asked in order to answer truthfully. To have a criminal record in Brazil, it is imperative that you are convicted of a crime. This means that you are given the opportunity to defend yourself in a court of law (legal due process). So, if the question is: 'have you ever been convicted...?', then the answer is obviously NO (if you haven't been convicted, that is...). However, a completely different question is: 'have you ever comitted a crime...?'. This is definitely a grey zone, because it's possible that - for the same conduct (DUI) - you'd be convicted in Canada but not in Brazil (perhaps depending on the legal process, the amount of alcohol in your system, etc). I think it would be a good idea to contact a canadian immigration lawyer and thus avoid a misrepresentation ban.

Thank you very much for your reply, it really opened my eyes. I searching for a immigration lawyer!

 

[consh1985]

Thank you very much for your reply, it really opened my eyes. I searching for a immigration lawyer!

You're welcome. I think it would be wise for you to gather all documents related to the incident before you speak with the lawyer. E.g.: Incident report, proof of the fee payment, any court records and so on. You'll also have to explain to the immigration lawyer how DUIs are treated in Brazil, so perhaps you'll need to study a bit about it or even consult with a brazilian lawyer...

 

[a.mariana.ods]

You're welcome. I think it would be wise for you to gather all documents related to the incident before you speak with the lawyer. E.g.: Incident report, proof of the fee payment, any court records and so on. You'll also have to explain to the immigration lawyer how DUIs are treated in Brazil, so perhaps you'll need to study a bit about it or even consult with a brazilian lawyer...

It's just recorded on my drive licence. I wasn't charged of anything, no action was taken by the police, because I refused to take a breather test. So, in this case in Brazil, it's not a crime. It's just a fine in my drive licence and I'm not allowed to drive for 1 years.
I'm searching for a good Brasilian immigration lawyer.

Thank you so much for the response

 

[a16107]

At the end, nobody can change the past

Find a lawyer to consult about your case and submit your application to try.

 

[consh1985]

It's just recorded on my drive licence. I wasn't charged of anything, no action was taken by the police, because I refused to take a breather test. So, in this case in Brazil, it's not a crime. It's just a fine in my drive licence and I'm not allowed to drive for 1 years.
I'm searching for a good Brasilian immigration lawyer.

Thank you so much for the response

Correct, refusing to take the test is not a crime in Brazil. It's an infraction (infração) with administrative consequences; such as a hefty fine plus a 12 month driving suspension. Here's a link that may help you explain these legal aspects to a canadian immigration lawyer...

https://draflaviaortega.jusbrasil.com.br/noticias/335308137/lei-13281-2016-e-as-consequencias-diante-da-recusa-em-se-submeter-ao-bafometro

 

[a.mariana.ods]

Correct, refusing to take the test is not a crime in Brazil. It's an infraction (infração) with administrative consequences; such as a hefty fine plus a 12 month driving suspension. Here's a link that may help you explain these legal aspects to a canadian immigration lawyer...

https://draflaviaortega.jusbrasil.com.br/noticias/335308137/lei-13281-2016-e-as-consequencias-diante-da-recusa-em-se-submeter-ao-bafometro

Thank you!!