DUI and Immigration

[Fuzu]

6 months ago I was at an office party. Rarely do I drink but had 3-4 drinks that night and got stopped on the way home for doing 70 in a 60 zone. They did a routine breathalyzer and I was convicted with impaired driving over the limit ( over 0.08 ).

I know it's a serious offence however the officer on scene along with some lawyers I spoke to who specializes in DUI confirmed for first time offence it is 100% NOT a criminal charge and does not go on your criminal record ONLY in Alberta, Canada. They gave me an administrative penalty ( harsh consequences, I deserve it) under the traffic safety Act.

Other provinces in Canada might charge you criminally under Criminal code of Canada for 1st offence. But not in the province of Alberta unless something more serious happens like killing someone while impaired or 2nd offence. However the consequences ( losing driving privileges, hefty fines ) are similar.

Since it is not a criminal record, will it affect my immigration? Any one had a similar experience?

Everything I worked for my entire life has potentially been ruined by that one night.

I don't expect sympathy; I understand the gravity of my actions and take full responsibility. I'm grappling with the consequences and the impact on my life, expressing sincere remorse for letting myself, my parents, and others down

 

[Kaibigan]

6 months ago I was at an office party. Rarely do I drink but had 3-4 drinks that night and got stopped on the way home for doing 70 in a 60 zone. They did a routine breathalyzer and I was convicted with impaired driving over the limit ( over 0.08 ).
...

Is there a reason why you have posted about this matter here today? You have, after all, posted it several times in the past 2 weeks and it seems the matter has had a thorough airing and has been the subject of multiple in-depth replies several members and by @dpenabill in particular. What more needs to be said?

Maybe it's the case that you see multiple posts to multiple threads as part of a cathartic journey. You are regaling all here with multiple expressions of remorse. It would say enough is enough.

I'll add that you are fortunate in how the matter has been handled. My guess is that you were not subjected to a "routine breathalyzer". That seems to have lapsed into history in Canadian law enforcement. My guess is that you were asked to blow into what is called in BC an "RSD" or "Roadside Screening Device". It does not provide a BAC reading, but records, simply, "Pass" or "Fail". A breathalyzer is a more complicated device and its use involves a trip to the police station and sitting in a room for awhile with the machine and a breathalyzer technician. Most cops do not know how to operate the machine. Two samples must bt taken, 15 minutes apart. The RSD test is not at all like that. You blow once. If you fail, you will usually be offered the opportunity to blow again into a different RSD.

A fail reading, in BC, will get you, inter alia, a 90-day "IRP" or "Immediate Roadside Prohibition". You may seek a review by a delegate of the Superintendent of Motor Vehicles. If that does not work, judicial review can be tried, to set aside the IRP and other consequences. I suspect Alberta is much the same.

One upon a time there was an organization self-styled as "Mothers Against Drunk Driving", a.k.a. "MADD". If that organization still exists, I would kinda' expect them to be mad about the de-criminalizing of impaired driving offences. Some time ago, you could sit in Courtroom 101 at 222 Main St. in Vancouver, criminal division of the BC Provincial Court, and see a parade of impaired driving first appearances. No more. It's been a long time since I have seen a prosecution for any of the Criminal Code drunk driving offences, including impaired driving, impaired care and control, driving with BAC above legal limit, failure to blow etc. Out of curiosity, I just looked back at my own database of BC judgments, which contains most judgments from all BC courts since January 1996 and did not spot one after about 2004 and it seems that the IRP regime started up circa 2000. In the years since about 2004, only impaired driving causing bodily harm or death seem to attract criminal sanction.

So, Fuzu, be grateful for being the beneficiary of the more recent soft on crime attitude of law enforcement. In another era, you would almost certainly have ended up with a criminal record.

Since writing all of this, I see that @scylla replied to an identical post you made elsewhere on the forum 4 minutes earlier than the one to which I have replied. She is right. If you want more input, seek legal advice, which is not the purpose of this forum.

 

[Fuzu]

Thank you for your valuable insights and clarification. I wish I had family, friend or support from a partner to go through this so maybe that is why I am coming back here feeling ashamed at myself and also worried about my future. I plan on hiring a lawyer and won’t make any more posts.

Is there a reason why you have posted about this matter here today? You have, after all, posted it several times in the past 2 weeks and it seems the matter has had a thorough airing and has been the subject of multiple in-depth replies several members and by @dpenabill in particular. What more needs to be said?

Maybe it's the case that you see multiple posts to multiple threads as part of a cathartic journey. You are regaling all here with multiple expressions of remorse. It would say enough is enough.

I'll add that you are fortunate in how the matter has been handled. My guess is that you were not subjected to a "routine breathalyzer". That seems to have lapsed into history in Canadian law enforcement. My guess is that you were asked to blow into what is called in BC an "RSD" or "Roadside Screening Device". It does not provide a BAC reading, but records, simply, "Pass" or "Fail". A breathalyzer is a more complicated device and its use involves a trip to the police station and sitting in a room for awhile with the machine and a breathalyzer technician. Most cops do not know how to operate the machine. Two samples must bt taken, 15 minutes apart. The RSD test is not at all like that. You blow once. If you fail, you will usually be offered the opportunity to blow again into a different RSD.

A fail reading, in BC, will get you, inter alia, a 90-day "IRP" or "Immediate Roadside Prohibition". You may seek a review by a delegate of the Superintendent of Motor Vehicles. If that does not work, judicial review can be tried, to set aside the IRP and other consequences. I suspect Alberta is much the same.

One upon a time there was an organization self-styled as "Mothers Against Drunk Driving", a.k.a. "MADD". If that organization still exists, I would kinda' expect them to be mad about the de-criminalizing of impaired driving offences. Some time ago, you could sit in Courtroom 101 at 222 Main St. in Vancouver, criminal division of the BC Provincial Court, and see a parade of impaired driving first appearances. No more. It's been a long time since I have seen a prosecution for any of the Criminal Code drunk driving offences, including impaired driving, impaired care and control, driving with BAC above legal limit, failure to blow etc. Out of curiosity, I just looked back at my own database of BC judgments, which contains most judgments from all BC courts since January 1996 and did not spot one after about 2004 and it seems that the IRP regime started up circa 2000. In the years since about 2004, only impaired driving causing bodily harm or death seem to attract criminal sanction.

So, Fuzu, be grateful for being the beneficiary of the more recent soft on crime attitude of law enforcement. In another era, you would almost certainly have ended up with a criminal record.

Since writing all of this, I see that @scylla replied to an identical post you made elsewhere on the forum 4 minutes earlier than the one to which I have replied. She is right. If you want more input, seek legal advice, which is not the purpose of this forum.

 

[DANIEL1031]

6 months ago I was at an office party. Rarely do I drink but had 3-4 drinks that night and got stopped on the way home for doing 70 in a 60 zone. They did a routine breathalyzer and I was convicted with impaired driving over the limit ( over 0.08 ).

I know it's a serious offence however the officer on scene along with some lawyers I spoke to who specializes in DUI confirmed for first time offence it is 100% NOT a criminal charge and does not go on your criminal record ONLY in Alberta, Canada. They gave me an administrative penalty ( harsh consequences, I deserve it) under the traffic safety Act.

Other provinces in Canada might charge you criminally under Criminal code of Canada for 1st offence. But not in the province of Alberta unless something more serious happens like killing someone while impaired or 2nd offence. However the consequences ( losing driving privileges, hefty fines ) are similar.

Since it is not a criminal record, will it affect my immigration? Any one had a similar experience?

Everything I worked for my entire life has potentially been ruined by that one night.

I don't expect sympathy; I understand the gravity of my actions and take full responsibility. I'm grappling with the consequences and the impact on my life, expressing sincere remorse for letting myself, my parents, and others down

Me too I just yesterday impaired driving breathalyzer over 80. It’s my first time. Did you go for court appearance?

 

[Fuzu]

Me too I just yesterday impaired driving breathalyzer over 80. It’s my first time. Did you go for court appearance?

no court appearance I wasn’t charged criminally. Do you have a notice to appear in court ? If yes you were charged criminally

 

[armoured]

Those interested in the topic might find this podcast useful (by a lawyer specialized in immigration) on DUI charges, with another lawyer participating:
https://podcasts.apple.com/ca/podcast/109-duis-and-dangerous-driving-with-kyle-lee/id1140657563?i=1000654954192

 

[Fuzu]

Those interested in the topic might find this podcast useful (by a lawyer specialized in immigration) on DUI charges, with another lawyer participating:
https://podcasts.apple.com/ca/podcast/109-duis-and-dangerous-driving-with-kyle-lee/id1140657563?i=1000654954192

I saw this and also spoke to lawyers at her firm. For in Canada offences if you were not charged or convicted under the criminal code, it does not make you inadmissible to Canada. The lawyers at her firm confirmed it plus I successfully got an application approved. For BC, Manitoba & Alberta majority first time offences are non criminal. A lot of advice I have received so far here were wrong. Better to speak to lawyer directly

 

[armoured]

Better to speak to lawyer directly

I'd echo this and statement I've seen many repeat - I think this is an area where lawyer involvement HIGHLY recommended. And ones who understand the immigration impacts of criminal law.

Important here because the impact on one's residency status can be SO significant, and that the issue of what is 'criminal' and/or serious crime with immigration repercussions is not as straightforward as it may seem to non-lawyers. (Eg the actual punishment an individual receives is not sufficient to understand).

The differing provincial regimes are also a significant complicating factor: some seem to think that because 'criminal law' is federal, it's the same across the country - it's not.

And get a lawyer involved early because police/prosecutors might want offenders to plea out/agree to charges with light sentencing - but if the charge is under a serious statute, even with a light sentence it can still have immigration consequences.