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Charged with DUI in India

kosam

Newbie
Dec 17, 2020
5
0
I have been charged with a DUI in India in march 2020 and couldn't get the final judgment from the court as the courts are open only for essential/urgent cases (due to COVID).
I had a BAC of 44mg(0.044%) against a permissible limit of 30mg (0.03%) and I'm currently applying to universities in Canada but then I came to know about the DUI Inadmissibility .
But the legal limit in Canada is 80mg(0.08%) and from the official website it states "Note: In order to determine inadmissibility, foreign convictions and laws are equated to Canadian law as if they had occurred in Canada. "
So I would like to know if I have a chance at getting my Study Visa Approved as my BAC of 44mg is lesser than what a DUI is considered in Canada(80mg)
P.S : I'm applying for September 2021 and hope that I receive a judgment by the time I apply for a Visa.

TIA
 
Last edited:

scylla

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Jun 8, 2010
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I have been charged with a DUI in India in march 2020 and couldn't get the final judgment from the court as the courts are open only for essential/urgent cases (due to COVID).
I had a BAC of 44mg(0.044%) against a permissible limit of 30mg (0.03%) and im currently applying to universities in Canada but then I came to know about the DUI Inadmissibility .
But the legal limit in Canada is 80mg(0.08%) and from the official website it states "Note: In order to determine inadmissibility, foreign convictions and laws are equated to Canadian law as if they had occurred in Canada. "
So I would like to know if I have a chance at getting my Study Visa Approved as my BAC of 44mg is lesser than what a DUI is considered in Canada(80mg)

TIA
You should be OK since your BAC was under 0.08. However I don't know if it will be possible for you to get a study permit until you have a final judgement in your case.
 
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kosam

Newbie
Dec 17, 2020
5
0
You should be OK since your BAC was under 0.08. However I don't know if it will be possible for you to get a study permit until you have a final judgement in your case.
Thank your for your response, I'm sorry I haven't mentioned earlier that I've applied for Fall 2021(September intake), so I still have time to apply for visa and hope I get a judgement by then
Thank you for the quick response
 

canuck78

VIP Member
Jun 18, 2017
54,763
13,278
Thank your for your response, I'm sorry I haven't mentioned earlier that I've applied for Fall 2021(September intake), so I still have time to apply for visa and hope I get a judgement by then
Thank you for the quick response
Assume you declared your charges on your application as required. Your application will essentially be put on hold until the case is resolved.
 

kosam

Newbie
Dec 17, 2020
5
0
Assume you declared your charges on your application as required. Your application will essentially be put on hold until the case is resolved.
Yeah I hope it gets resolved soon. and what do you think of the equating to Canadian law.... any opinion on that?