DUI charges for international student?

[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.

 

[scylla]

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.

Your questions were previously answered on this forum.

If you want more advice, time to spend money and hire an immigration lawyer.

 

[Duik6]

I got charged for refusal. I just graduated and am on my work permit now. My license got suspended for 3 months and my car got impounded for a month. My cout date is 9th april. Anyone knows what will happen next anyone in the same boat please connect!

 

[Ponga]

I got charged for refusal. I just graduated and am on my work permit now. My license got suspended for 3 months and my car got impounded for a month. My cout date is 9th april. Anyone knows what will happen next anyone in the same boat please connect!

What province?

Were your charged under the criminal code of Canada for refusing to take the roadside `test' to see if you were driving while impaired, or was it a roadside prohibition (not leading to a conviction)? Since you have a court date it sounds like it is a criminal charge, which is not good. If convicted, you will be deemed inadmissible to Canada, so you will need a good lawyer!

For example, in Toronto-
https://www.torontodefencelawyers.com/refusing-a-breathalyzer-in-canada/

Can I Refuse To Take a Breath Test?

As an easy rule: do not refuse a breathalyzer. Under section 320.15 of the Criminal Code, refusal of a breathalyzer is a criminal offence. Police cannot force you to take it, but the refusal to do so will result in a criminal charge and therefore, lifelong consequences. Some people assume that if they do not provide a sample, then there is less evidence for a drinking and driving charge. This assumption is incorrect. Refusing to complete a breath test will work against you in court and will weaken your defence for a drinking and driving charge. To summarise, take the breathalyzer.


A common misconception is “I have the right to consult a lawyer first!” This is not the case. Police do not need to give you the opportunity to contact your lawyer upon request for a breath test. However, the police must inform you of the consequence of refusing a breathalyzer.

So, were you informed by the officer?

 

[Fuzu]

I got charged for refusal. I just graduated and am on my work permit now. My license got suspended for 3 months and my car got impounded for a month. My cout date is 9th april. Anyone knows what will happen next anyone in the same boat please connect!

Which province?

 

[Duik6]

What province?

Were your charged under the criminal code of Canada for refusing to take the roadside `test' to see if you were driving while impaired, or was it a roadside prohibition (not leading to a conviction)? Since you have a court date it sounds like it is a criminal charge, which is not good. If convicted, you will be deemed inadmissible to Canada, so you will need a good lawyer!

For example, in Toronto-
https://www.torontodefencelawyers.com/refusing-a-breathalyzer-in-canada/

Can I Refuse To Take a Breath Test?

As an easy rule: do not refuse a breathalyzer. Under section 320.15 of the Criminal Code, refusal of a breathalyzer is a criminal offence. Police cannot force you to take it, but the refusal to do so will result in a criminal charge and therefore, lifelong consequences. Some people assume that if they do not provide a sample, then there is less evidence for a drinking and driving charge. This assumption is incorrect. Refusing to complete a breath test will work against you in court and will weaken your defence for a drinking and driving charge. To summarise, take the breathalyzer.


A common misconception is “I have the right to consult a lawyer first!” This is not the case. Police do not need to give you the opportunity to contact your lawyer upon request for a breath test. However, the police must inform you of the consequence of refusing a breathalyzer.

So, were you informed by the officer?

New Brunswick i have talked to the lawyer but he says untill i have not seen the disclosure i can not really say anything.

 

[Duik6]

Which province?

New Brunswick

 

[Fuzu]

New Brunswick

You can dm me your number if you’d like to connect. I am on work permit too and faced with the same situation. It would be nice to connect as I am feeling really worried and concerned. Just want to have friends that are going through the same thing.

 

[Ponga]

New Brunswick i have talked to the lawyer but he says untill i have not seen the disclosure i can not really say anything.

Since you said that you were charged for refusal, I'm not sure if/how NB would be excluded from section 320.15, but good luck!

Failure or refusal to comply with demand

• 320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 (sounds like your situation) or 320.28.

IMHO, investing in the best legal representation you can afford is paramount.

 

[Fuzu]

Hi ponga. since I was not convicted, do u think IRPA 36.1 does not apply for me ? received a contravention. No court dates.

As you know I have received some mixed answers from lawyers so would love your opinion. Thank you and merry Christmas

Since you said that you were charged for refusal, I'm not sure if/how NB would be excluded from section 320.15, but good luck!

Failure or refusal to comply with demand

• 320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 (sounds like your situation) or 320.28.

IMHO, investing in the best legal representation you can afford is paramount.