Canadian Driving Under the Influence Laws

Just like there are DUI (Driving Under the Influence) laws in the United States, Canada also has laws to cater to cases of drunk driving or being in control of a motor vehicle while in an impaired state. However the term “Under the Influence” is not used in Canada, and “Driving Under the Influence laws” are referred to as “Impaired Driving Laws” or “Impaired Operating Laws”. This impairment could be due to the use of alcohol or any other prescription or non-prescription drug which affects the human ability to perform properly. According to Canadian law, any one having more than 80mg of alcohol per 100ml of blood (Blood Alcohol Content of 0.08% or more) will be charged with a criminal offense whether or not his/her driving ability has been influenced.

Over the past few years, Canadian government has passed new laws to tackle with driving while impaired cases. These laws include an increase of fines and minimum jail sentence and have also authorized police to demand roadside sobriety tests of people suspected to be driving while impaired. The laws also allow the police to take bodily substance sample tests of suspects at the police station, or at a hospital, which include saliva, urine and blood sample testing.

Impaired driving laws and penalties in Canada

Impaired driving is considered a Federal Criminal Offense in Canada, which is why the laws and penalties regarding impaired driving have become stricter in the recent years. Any one found driving with a Blood Alcohol Content of 0.08% or more will be charged with impaired driving in Canada. First time offenders are charged a mandatory fine of $1000 and are prohibited from driving any vehicle for a year. Second time offenders are sentenced to jail time of 30 days along with 2 years of driving prohibition. A third or subsequent offense is sentenced to 120 days of jail, and is prohibited from driving any vehicle for a period of 3 years. Offenders should also be aware that insurance premiums rise considerably after you are convicted with impaired driving, and may rise to $7000 per year in some cases.

The provincial governments in Canada have enacted some extra measures against impaired driving, in addition to the federal criminal laws. For example, in Ontario, a person convicted with impaired driving has to complete an 8 month training course and install an ignition interlock device on the vehicle he/she operates for a period of one year after the license suspension period is over. Jail time is also imposed in the case if an accident occurred, or when the alcohol levels of the offender were extremely high (0.16% or more).

Refusal of entrance of DUI convicts to Canada

Canadian laws about impaired driving are so strict, that anyone convicted of DUI in the United States is prohibited from entering into the Canadian border and is referred to as member of the “Inadmissible class” due to the criminal record. This means that non-Canadian citizens of an inadmissible status are not allowed to enter Canada freely. However, in some cases, this inadmissible status can be removed over a period of several years, but for it to happen, the DUI convict has to apply for a Minister’s Approval of Rehabilitation. During this time, any citizen of the “Inadmissible class” can only visit Canada with a Temporary Resident Permit, which is valid for only a single visit or for a limited period of time. Such a visit also requires certain preliminary terms to be fulfilled and include completion of forms and paying fees.

This criminal record does not cause problems under the United States immigration law and anyone with a DUI conviction is allowed to enter the United States, because a criminal record due to impaired driving is not considered a crime of moral turpitude under the US immigration law.

Preventing a DUI conviction in Canada

If you are a Canadian resident, it is important for you to understand the local DUI laws of your area, and to also know when you may be charged with impaired driving. You can also avoid a DUI investigation by checking or calculating your Blood Alcohol Levels before you drive. Using a BAC Calculator to estimate your BAC levels is a good idea, which can save you from a lot of trouble. You should also be aware of your legal rights and know beforehand how you should seek legal advice if you have been warned of being under investigation for impaired driving.