PrincessLuna said:
Hi,
I am a PR who just came back to Canada a few months ago as I was removed as a minor. Having this chance really means everything to me and I worked hard to try to come back here, study and settle.
Anyway the other day I did something really stupid. I went to a party and agreed to drive a friend home as she said she was too drunk to drive. On the way I unfortunately rear ended a van and hit a parked car from the side.
The cops came and impounded the car. My friend had no insurance on her car.
Unfortunately, while I know how to drive, I do not have a BC license. While I was not in the state of my friend, I also had a few glasses of Port Wine and got a BAC of 0.1. I got fined for no insurance, DUI, no license.
Can I be deported over these charges and if yes is there anything I can do. I am feeling really bad now
I am usually very law abiding, I don't know what made me do this, I don't do well with peer pressure at parties. Is it likely for CIC to deport DUI offenders.
Also will this affect my ability to get a job in the future?
Its clear from the posts on this so far that you realize the severity of your actions. The Immigration and Refugee Protection Act (IRPA) has been amended recently so its far easier for a Permanent Resident to be inadmissible when convicted under the Criminal Code of Canada (CCC).
IRPA - Serious criminality
36. (1) A
permanent resident or a foreign national is inadmissible on grounds of serious criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament
punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
..........
CCC
253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
Punishment
255. (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,
(i) for a first offence, to a fine of not less than $1,000,
(ii) for a second offence, to imprisonment for not less than 30 days, and
(iii) for each subsequent offence, to imprisonment for not less than 120 days;
(b) where the offence is prosecuted by
indictment, to imprisonment for a term not
exceeding five years; and
(c) if the offence is
punishable on summary conviction, to imprisonment for a term of not more than
18 months.
Marginal note:Impaired driving causing bodily harm
(2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Marginal note:Blood alcohol level over legal limit — bodily harm
(2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Get a good lawyer versed in both criminal and immigration law so that this doesn't go the indictment route or the summary route with imprisonment. If it does you become inadmissible under the IRPA and will get a removal order. I can't recall the situation in your home country but you may need to explain if this case goes far what the conditions are back there and why you should not be sent back. Usually a first offence where no one has been harmed you will get put on a probation type situation where any removal order is on hold for usually between 2-3 years and you must stay out of trouble. However in Canada DUI offences are taken very seriously unlike say shoplifting where there is some leeway for dropping first time offences.
You have to seek some help/counselling with the drinking regardless you think you have a problem or not. The Judge will consider your remorse and that you have made efforts to get the drink issue resolved. The judge will also consider any employment or study you are undertaking as this shows you are working hard to be a contributing member of society.
You have to declare this conviction in all visa and immigration applications and it will delay any application for Canadian citizenship. Once you are able to drive again expect a huge hit on your insurance premiums - you may be required to get an interlock device that only works if you have zero alcohol via a breath test. Also you may consider that you know how to drive but driving in Canada is very different to driving in other jurisdictions - get some lessons. Lastly as you've stated ditch the bad company - seems like your 'friend' found someone impressionable to take the hit as she likely had previous convictions. Remember with freedom as you now have returning to Canada comes with responsibility.
Good luck
