Is DUI an issue for immigration?

[marthalewis]

Hey folks,

My fiance was arrested last day for impaired driving. We had some clash on the day and he went to a nearby pub. He drove back home drunk and on the way, there was a sudden check by the cops. They were expecting someone.

The cop had done a breath test and he blew over the limit. Thus, he was charged. Is DUI a serious offence in Canada? I know, all this happened just out of my intolerance.


Our wedding is fixed for next month and we are planning to shift to the US after marriage. It is heard, there will be travel hindrances if charged DUI. We are planning to take legal support and would like to meet some DUI defence lawyers in Mississauga.


I would like to know your responses. Thank you.

 

[scylla]

Since you plan to move to move to the US - you should post your question to a US immigration forum to find out the seriousness of the charges.

 

[rish888]

Since you plan to move to move to the US - you should post your question to a US immigration forum to find out the seriousness of the charges.

Canadian moving to America?

I have good and bad news:

Bad news: DUI is a felony in Canada. It's serious and y'all should get a good lawyer.

Good news: DUI is only a misdemeanor in the United States, thus there is no criminality issue when it comes to getting visas/visiting etc.

Usually the issue is when Americans with a DUI conviction try to come to Canada. They can get declared inadmissible due to criminality. (As a DUI is a serious issue in Canada.) As you are going the other way you should be good.

Here is the CBP link concerning DUI:

https://help.cbp.gov/app/answers/detail/a_id/402/~/entering-the-u.s.-and-canada-with-dui-offenses

For the U.S. part of things, it states a single DUI conviction is not grounds to deny entry as long as this is the only criminal issue.

If convicted in Canada, the minimum sentence is a $1000 fine and a 12 month-Canada wide driving prohibition.

 

[canuck78]

Also you are not to blame for your fiance's DUI! Also glad the police caught him because he could have hurt someone. Your fiance is an adult who made his own bad choice.

 

[rish888]

Also you are not to blame for your fiance's DUI! Also glad the police caught him because he could have hurt someone. Your fiance is an adult who made his own bad choice.

Couldn't agree more. In fact it surprises me that Canada has a limit of 80. Most Western countries I've lived in keep a limit of 50 (2 drinks give or take.) The average 80 something kilo guy would need to have 3-4+ drinks to blow over an 80, at which point there is no way that person should be driving.

Your finance made a bad choice. America is not going to have an issue with it, but Canadian kindness doesn't apply to the DUI laws.

 

[rish888]

One thing to note is that [I guess] you will need to handle the legal issues in Canada before going to the U.S. I'm guessing (double check with a lawyer) that he shouldn't be leaving the country while charged with a crime. (The terms of bail should also have some mention of this I guess.)

 

[marthalewis]

Canadian moving to America?

I have good and bad news:

Bad news: DUI is a felony in Canada. It's serious and y'all should get a good lawyer.

Good news: DUI is only a misdemeanor in the United States, thus there is no criminality issue when it comes to getting visas/visiting etc.

Usually the issue is when Americans with a DUI conviction try to come to Canada. They can get declared inadmissible due to criminality. (As a DUI is a serious issue in Canada.) As you are going the other way you should be good.

Here is the CBP link concerning DUI:

https://help.cbp.gov/app/answers/detail/a_id/402/~/entering-the-u.s.-and-canada-with-dui-offenses

For the U.S. part of things, it states a single DUI conviction is not grounds to deny entry as long as this is the only criminal issue.

If convicted in Canada, the minimum sentence is a $1000 fine and a 12 month-Canada wide driving prohibition.

Thank you so much. Good to hear it. Want to settle the issues here soon with the help of lawyers. What are the necessary steps to be taken next?

 

[marthalewis]

Couldn't agree more. In fact it surprises me that Canada has a limit of 80. Most Western countries I've lived in keep a limit of 50 (2 drinks give or take.) The average 80 something kilo guy would need to have 3-4+ drinks to blow over an 80, at which point there is no way that person should be driving.

Your finance made a bad choice. America is not going to have an issue with it, but Canadian kindness doesn't apply to the DUI laws.

I know its a serious fault. But I am helpless for the situation and trying to escape him.