Get a Pardon for a DUI – The Most Common Charge
There are many names for a DUI. But whichever you choose you should know that it is the most commonly pardoned criminal conviction in Canada. The chances are good that you will be familiar with at least one or two of them. But whatever you want to call it the charge is the same and it involves operation of a motor vehicle while intoxicated by alcohol or drugs or anything else that impairs your judgement or dexterity.
It could even just be cough medicine because if you are driving under the influence of anything you are breaking the law. This includes impair
If you are arrest for a DUI you will charged under section 235 of the criminal code.
For more information:
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-253.html
DUI in Canada
In Canada a DUI arrest is taken very seriously. In our experience it is almost unheard of to be found not guilty of a DUI.
Interestingly the first arrest for a Canadian citizen for driving under the influence of alcohol goes all the way back to 1920 in the case of R. v. Nickle. Although in this case the detais appear to be more serious that simply driving drunk since it was established that the act of driving intoxicated would support a manslaughter conviction.
For more information:
http://allontario.ca/2013/05/curious-facts-from-traffic-history/
The most recent legislative change to the law concerning impaired driving was passed in 2008 as a part of the Tackling Violent Crime Act.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Docid=3320180&file=4
Alcohol Limits for a DUI Charge
Generally speaking a blood alcohol limit of .08 is the threshold where a DUI arrest will be made. However, if the subject being tested is close to the limit, but not over, the police have various options regarding enforcement. Those options vary from province to province.
Going to Court for an impaired Charge in Canada
In our experience it is extremely uncommon to be ground not guilty of a DUI charge in Canada. One of the things that makes it such a difficult charge to fight is that – by definition – you were impaired and therefore any testimony you provide immediately lacks credibility. This makes sense. A sober police officer performing his or her job while administering a breathalyser test has a lot more credibility than a drunk person charged with operating a motor vehicle. If you are charged for a DUI in Canada do not expect to be found not guilty. Although it’s certainly possible, it is highly unlikely.
Sentencing for a drunk driving charge
- For a first offence, a $1000 fine and a 12-month driving prohibition,
- For a second offence, 30 days of jail and a 24-month driving prohibition, and
- For a third or subsequent offence, 120 days of jail and a 36-month driving prohibition.
From province to province there are slight variations on the sentencing involved for a DUI charge in Canada but the above is a good general guideline. The most common element is that a DUI conviction in Canada will certainly result in 1 year license suspension following your first conviction as well as a fine.
For more information:
https://en.wikipedia.org/wiki/Impaired_driving_in_Canada#Proving_blood_alcohol_concentration
Does a DUI show up on a background check in Canada?
Whenever you are convicted of a crime in Canada the record will show up during any background check. Even if you are not found guilty there are records of the arrest that can easily be viewed by employers and other interested parties.
If you have a DUI conviction – or even i you have only been arrested for a DUI but not found guilty – you should apply to have your record removed.
Non conviction
If you were not convicted following a drunk driving arrest you should apply for a purge and file destruction.
Conviction
If you were convicted for your arrest you need to apply for a pardon.
Getting a pardon or file destruction for a Drunk driving charge
If you think you will want to eventually obtain a pardon for your DUI charge the first thing you should do after being convicted is pay your fine. For the purpose of your pardon the sentence being considered will almost invariably be the fine you receive provided there was no jail time involved.
For whatever reason, the license suspension is not considered a part of the sentence during the pardon application. So it is conceivable that you could have your criminal record sealed but never bother getting your license back.
If you decide to apply for a pardon for a DUI charge you will want to make sure you have no traffic violations of any kind during the eligibility waiting periods as they can be used against you during the review process. But provided you meet the eligibility criteria and you satisfy the good conduct clause you will be able to seal your criminal record and remove that DUI charge once and for all.
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