If you had a few too many and were charged with impaired driving in Edmonton, it’s a serious crime. If you’re asking is DUI a criminal offence, the answer is yes.
A DUI arrest in Canada can result in some pretty serious consequences, including jail time. A DUI conviction could lead to problems getting or keeping a job and could affect your eligibility to travel.
For these reasons, it’s a good idea to retain a DUI defence lawyer as soon as possible.
Here’s a look at DUI charges in Edmonton.
Will a DUI Go on Your Criminal Record?
If you’re arrested for a DUI in Canada, the offence will stay on your record for the rest of your life. The only way to get a DUI off of your record is with a pardon from the Parole Board of Canada.
In Canada, a serious crime is an indictable offence. A lesser crime is a summary offence.
This is similar to the concept of felonies and misdemeanours in the United States. Under Canadian law, a DUI is a hybrid offence and is treated as a serious crime.
How Long Does a DUI Stay on Your Record?
A DUI can stay on your record for up to 80 years. An arrest will never go away automatically.
Canadian territories and provinces vary when it comes to DUI pardons. Some provinces, like Ontario, may keep a DUI on a person’s record for three years after paying the fine.
Other provinces require five years before a pardon may be possible.
What Happens If a DUI Is on Your Record?
A DUI conviction can change your life in so many ways. Some typical consequences of having a DUI on your record include:
- Being turned away from a new job due to a background check
- Losing your current job
- Being turned away at the U.S. border for multiple DUIs or other offences
- Difficulty obtaining certain kinds of insurance
- Paying more for insurance due to a criminal offence
What Is a DUI in Canada?
A DUI is defined as the operation of a vehicle, vessel, aircraft, or railway equipment while impaired by drugs or alcohol. Results of 80 mg of alcohol or 5 ng of THC per one ml of blood carry immediate consequences.
Other substances and medical conditions can lead to impaired driving. If your blood alcohol concentration is higher than these limits within two hours of operating a vehicle, you could be convicted of a DUI.
Is DUI a Criminal Offence in Canada?
In Canada, a DUI can be either a summary offence or an indictable offence. A crown counsel, crown attorney, or crown prosecutor who serves Canada’s legal system, can choose how to prosecute a DUI.
One DUI conviction isn’t grounds to deny someone entry into the U.S., but multiple DUI convictions or one DUI conviction with other misdemeanour offences can make you inadmissible.
In these circumstances, you need a waiver to enter the U.S.
Can You Go to Jail if You Get a DUI?
A DUI crime in Canada carries the possibility of up to 10 years in jail. Ten years is the maximum penalty for first, second, or third DUIs. There’s no minimum sentence for a first offence.
There’s a mandatory minimum sentence of 30 days in prison for the second offence. There’s a minimum of 120 days in prison for the third offence or subsequent offences.
If you’re facing charges of impaired driving, you should enlist the help of a DUI lawyer in Edmonton as soon as possible.
Saliva and Blood Tests
If you’re pulled over, a police officer can demand a preliminary breath sample to test your blood alcohol level.
They can do this without reasonable suspicion or impairment. In 2009, there was a provision in the Criminal Code that allows police to perform compulsory roadside drug testing of impaired drivers.
If an officer has a reasonable suspicion of impairment, they can use an oral fluid drug screen to detect certain drugs in saliva. Reasonable suspicion may include:
- Red eyes
- Agitation
- Twitching
- Slurred speech
- Odd behaviour
These oral screenings serve as a basis for performing additional blood testing for confirmation of impairment.
Penalties and Fines
Since 2008, Canada has been cracking down on driving under the influence. They’ve introduced stiffer penalties and more rigid restrictions for drunk drivers.
New drivers must have a BAC of zero in all provinces. The use of field sobriety tests is allowed under reasonable circumstances.
In Canada, the federal penalties for a DUI that doesn’t involve harm or death carry a maximum sentence of 10 years in prison. Minimum penalties are a fine of $1,000 for the first offence and up to a 120-day prison sentence for a third offence.
The Criminal Code of Canada reserves more severe penalties for impaired drivers who are convicted of causing death or bodily harm.
Issues and Challenges
Recent changes to Canada’s impaired driving laws have stirred some controversy over whether the changes align with Canada’s constitution. The changes are vague, especially around the use of medical cannabis.
Saliva tests can yield false-positive results. For example, eating poppy seed cake could result in a false-positive saliva test for opiates.
Drinking coca tea could result in a false positive for cocaine. CBD, the chemical found in cannabis, can lead to positive saliva test results even when it’s isolated from THC.
DUI laws in Canada are complex. If you’re facing DUI charges, there’s so much at stake.
That’s why it’s so important to have the proper legal representation if you find yourself in this unfortunate situation.
Get the Best DUI Defence Lawyer
DUI charges in Edmonton are serious. You could face stiff fines and even prison time for driving under the influence.
If you’re asking, “is DUI a criminal offence,” the answer is a definite yes. That’s why you should seek the help of an experienced DUI lawyer in Edmonton.
With so much on the line, including your job, finances, and future opportunities, you don’t want to take DUI charges lightly. At BARR LLP, we know how overwhelming it can be to face a drunk driving charge.
For over 40 years, we’ve been providing high-quality legal representation while keeping the needs of our clients a top priority. Contact BARR LLP today to schedule a consultation.
