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Was detained for one night and got a ticket for alleged DUI, trouble for FSWP?

peter_67

Member
May 28, 2014
16
0
I was detained for one night and got ticket for alleged DUI (1%). My car was taken away too.

They released me next day after invalidating the breathalyzer test(most of what it had measured was breath alcohol content, not in the blood), no charges were pressed. I still had to pay the traffic ticket (less than $70) they gave for the alleged DUI to get my car back as fast as possible because I use it for work(if I had appealed the infraction it would have taken too long to get it back).

My police certificates/clearances look clean, no criminal records or detentions.

Should I mention this situation in any way in the Background Declaration form?
Will this affect me in any way now that I'm applying for PR under FSWP?
When CIC do the background check, do they check the applicant's transit/driving history?
 

akbardxb

Champion Member
Nov 18, 2013
1,244
464
Mississauga
LANDED..........
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peter_67 said:
I was detained for one night and got ticket for alleged DUI (1%). My car was taken away too.

They released me next day after invalidating the breathalyzer test(most of what it had measured was breath alcohol content, not in the blood), no charges were pressed. I still had to pay the traffic ticket (less than $70) they gave for the alleged DUI to get my car back as fast as possible because I use it for work(if I had appealed the infraction it would have taken too long to get it back).

My police certificates/clearances look clean, no criminal records or detentions.

Should I mention this situation in any way in the Background Declaration form?
Will this affect me in any way now that I'm applying for PR under FSWP?
When CIC do the background check, do they check the applicant's transit/driving history?
If your record is clean, there is no reason to mention it, but be certain it will not show up in your police clearance certificate.
 

peter_67

Member
May 28, 2014
16
0
akbardxb said:
If your record is clean, there is no reason to mention it, but be certain it will not show up in your police clearance certificate.
It doesn't show up, according to the police clearance certificate I have no records. I have included an up-to-date PCC in my application, clean.

Any other way they might find out about this misadventure?
 

akbardxb

Champion Member
Nov 18, 2013
1,244
464
Mississauga
LANDED..........
28-03-2014
peter_67 said:
It doesn't show up, according to the police clearance certificate I have no records. I have included an up-to-date PCC in my application, clean.

Any other way they might find out about this misadventure?
While no one can give you a 100% assurance but they usually go by the PCC unless they have some strong reason to do a thorough security check.
 

bruffa

Full Member
Jan 12, 2015
32
2
Hi Peter,

All this happened in USA ? Have u been fingerprinted that day ?

Where are you standing right now ..please let us know.
 

jisho

Star Member
Jan 5, 2015
66
4
Did this happen in USA?
just as FYI, DUI is considered as a felony of the highest degree. It is not a petty crime or offence. But in your case, as you were discharged without any charges being pressed, I think you will be okay.

bruffa said:
Hi Peter,

All this happened in USA ? Have u been fingerprinted that day ?

Where are you standing right now ..please let us know.
 

optimistic candi

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Jun 17, 2014
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peter_67 said:
I was detained for one night and got ticket for alleged DUI (1%). My car was taken away too.

They released me next day after invalidating the breathalyzer test(most of what it had measured was breath alcohol content, not in the blood), no charges were pressed. I still had to pay the traffic ticket (less than $70) they gave for the alleged DUI to get my car back as fast as possible because I use it for work(if I had appealed the infraction it would have taken too long to get it back).

My police certificates/clearances look clean, no criminal records or detentions.

Should I mention this situation in any way in the Background Declaration form?
Will this affect me in any way now that I'm applying for PR under FSWP?
When CIC do the background check, do they check the applicant's transit/driving history?
DUI is an offense which can cause criminal inadmissability in Canada.
Please check the FSWP inadmissability blogs.
but as long as your record is clean hope it wont make an issue.
but I have seen people were deemed inadmissible to Canada even for visiting visa on the grounds of DUI
 

bruffa

Full Member
Jan 12, 2015
32
2
i was arrested and fingerprinted for DUI was in jail for 3 hours that day and released..All this happened because i failed the breath test cop gave me 3 chances to blow and all the 3 readings where 0 ..he told i didn't blow properly and booked me in DUI . I Hired an attorney and the DUI Charges where dismissed by the court. All the punishment i got is driving to office 12 months with restricted license.

But when ever i enter in USA at the port of entry my finger prints was causing issue and i was taken to separate room and they verified details and allowed me enter. This is because the arrest was still showing up as i was fingerprinted.


Can someone please tell me if i am inadmissible to Canada ? i have court letter also saying my DUI is dismissed and i found not guilty.
 

innco

Newbie
Jul 7, 2015
9
0
Hello,

Would you please be able to share your email address, I was charged DUI in Canada recently. Any inputs from you would be helpful.
Thanks!
 

scylla

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Jun 8, 2010
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innco said:
Hello,

Would you please be able to share your email address, I was charged DUI in Canada recently. Any inputs from you would be helpful.
Thanks!
If you were charged or convicted of a DUI then you have a big problem on your hands. If you are only at the charged stage - then you should do whatever you can to have the charges dropped. Otherwise you're going to become inadmissible to Canada and any application for immigration or any temporary permit (e.g. work, visitor, study) is going to be refused for the next five years.

Don't drink and drive if you care about your future in Canada.
 

innco

Newbie
Jul 7, 2015
9
0
scylla said:
If you were charged or convicted of a DUI then you have a big problem on your hands. If you are only at the charged stage - then you should do whatever you can to have the charges dropped. Otherwise you're going to become inadmissible to Canada and any application for immigration or any temporary permit (e.g. work, visitor, study) is going to be refused for the next five years.

Don't drink and drive if you care about your future in Canada.
I am still in a charge stage and have my first court date on July 20. What are the possible ways of getting the charge dropped without a criminal charge? Can anyone share information about the lawyers that handled these cases successfully? thanks
 

bruffa

Full Member
Jan 12, 2015
32
2
Hope your charges get dropped keep us posted with the updates. my email id is dev.mssqldba@gmail.com