Beyond paying an expensive fine, there are long-term consequences of receiving a DUI. One major repercussion is how a DUI can affect your chances of getting a job. 

See how a DUI can affect job prospects and what can be done about it.

Employer’s Perspective on a DUI

Canadian law considers a DUI to be a serious offence – and most employers consider it to be a major red flag.

Any DUI lawyer in Calgary is aware of how this can ruin a person’s chance of employment since employers are legally entitled to ask about your criminal record during the application process. Employers do this to narrow down candidates on the basis of their character and how it would impact their workplace.

You can meet all job requirements in the hiring process, but if it comes down to you and one person with a clean record, they will hire the person with the clean record.

Jobs involving driving, dealing with heavy machinery, or travel, might not get you hired. The DUI highlights to employers that you’re not to be trusted behind a wheel and can’t operate dangerous equipment since it poses a safety risk to others. A DUI makes travel impossible and a job requiring it will overlook you.

Types of Employment with a DUI

A DUI narrows your jobs prospects significantly. Employers that accept people with a DUI aren’t easy to come by – but they do exist. Just depends on what type of jobs you’re applying for. 

Jobs involving law enforcement, government, and work within the educational field wouldn’t be possible due to background checks. 

As a result, this can limit job opportunities in certain sectors. 

How to get work with a DUI

It might seem impossible to find a job with a DUI, but there are resources available to assist your job hunt. From obtaining career-building skills to knowing interview etiquette, there are strategies you can use to get employed.

Plus, some employers won’t be too concerned about your DUI depending on how long ago your DUI was. 

The idea is to prove to employers that you aren’t the person you were at the time of your DUI. Employers like to see the proof in the pudding. Words won’t mean anything unless they see what actionable steps you’re taking towards being better.

Organisations like The John Howard Society, for instance, dedicate themselves to helping people impeded by a DUI in finding work. 

Finding work with a DUI might seem impossible – but not improbable! Instead of having doors close to job opportunities, you can find avenues to help. Ones that will start to open more doors for you!

Joel Chevrefils, Calgary Criminal Defence Lawyer, is here to defend you against all criminal charges. When charged with a criminal offence, the first thing you should do is call your trusted Calgary criminal defence lawyer. His professionalism can help you with all concerns regarding your charges and the complex nature of Canada’s legal system. Chevrefils can help you with your charges in and outside Calgary, including Provincial Courts in Cochrane, Airdrie, Okotoks, Red Deer and Edmonton. Trust your case to Calgary’s most experienced criminal lawyer. Call today on 403-830-1980 or email [email protected] for your free consultation.

Being convicted of a DUI can have serious impacts on your life – especially if you are a permanent resident of Canada. 


Our guide explains how a DUI conviction can impact your status in Canada. 


What is Permanent Residency? 


According to the Government of Canada, “a permanent resident is someone who has been given permanent resident status by immigrating to Canada but is not a Canadian citizen. Permanent residents are citizens of other countries.” 


Permanent residents have the same legal rights as citizens and therefore are entitled to both fair representation, but also equal punishment for any conviction. 


For more information about permanent residency in Canada, read this page here. 


What are the Punishments of a DUI Conviction?


The punishments of a DUI conviction can be severe and damaging to your livelihood. This is because a DUI is a criminal charge according to the Criminal Code of Canada. 


Depending on the number of DUI charges and convictions, your punishment will range significantly. Overall, the punishments can include heavy fines, driving licence suspensions, car impounds, and up to ten years of imprisonment. 


This applies to all individuals living in Canada, whether you are a citizen, resident or on temporary visas, such as a study, travel or work. 


How a DUI Impacts Your Permanent Residency 


In December 2018, Bill C-46 came into force, determining that a DUI charge is a ‘serious criminality’, and therefore, results in more severe punishments. The most serious distinction is that imprisonment for a DUI can now be up to 10 years instead of five. But most significantly, DUIs are now considered ‘serious criminality’ under immigration law. 


What does that mean for permanent residents in Canada? 


If a Canadian permanent resident is convicted of a DUI, they can lose their status and face deportation – even for a first-time DUI offence. They will have no right of appeal and will be inadmissible to enter Canada again. 


It also applies to permanent residents living overseas. If they are convicted of a DUI in another country, like the USA, Australia or Britain, they can be denied entry and have their status denied. 


Ultimately, you might lose your permanent resident status if convicted of a DUI in Canada or abroad. 


Canadian Immigrants Facing DUI Should Consult with a DUI Lawyer


It’s imperative that if you are a Canadian immigrant and have been charged with a DUI, you seek immediate legal counsel from a DUI lawyer. Only with the experience of a legal professional, who understands the rules around DUIs can help you with your case. 


Some solutions include: getting a record suspension from the Parole Board of Canada and applying for rehabilitation


Your lawyer will be able to determine the best course of action for your case. 


Joel Chevrefils, Calgary Criminal Defence Lawyer, is here to defend you against all criminal charges. When charged with a criminal offence, the first thing you should do is call your trusted Calgary criminal defence lawyer. His professionalism can help you with all concerns regarding your charges and the complex nature of Canada’s legal system. Chevrefils can help you with your charges in and outside Calgary, including Provincial Courts in Cochrane, Airdrie, Okotoks, Red Deer and Edmonton. Trust your case to Calgary’s most experienced criminal lawyer. Call today on 403-830-1980 or email [email protected] for your free consultation.

It has happened many times before: a person gets pulled over and finds themselves charged with impaired driving, even though they have no idea what they did wrong. They might have had a few drinks, but were in complete control of the vehicle – or so they thought.


If you drive, it’s important to understand impaired driving, the laws around it and what to do if you are charged. Our guide can help you.


Your Guide to Impaired Driving in Alberta 


What is Impaired Driving?

According to the Criminal Code of Canada, impaired driving is defined as not having the ability to drive safely in a vehicle due to impairment. In most cases, the impairment is due to consumption of alcohol, the use of cannabis, or other illegal drug substances. 


However, some cases of impairment include sleepiness, distractions (such as using a mobile phone), and if you have any medical conditions, which impact your driving ability. 


What are the Legal Limits? 

Canada has legal limits that the province of Alberta must abide by. As stated by the Government of Canada, These include the following: 


  • Alcohol – which has a legal limit of “80 milligrams or more (mg) of alcohol per 100 millilitres (ml) of blood” when assessing your blood-alcohol concentration (BAC). 
  • Cannabis (THC) – which has a legal limit of “2 nanograms (ng) and 5 ng of THC per ml of blood”. It is considered a serious offence if you have “5 ng of THC or more per ml of blood”.
  • Alcohol/Cannabis – the legal combination of these substances is no more than “50mg or more of alcohol per 100ml blood and 2.5 ng or more of THC per ml of blood”.
  • Illegal Substances – LSD, mushrooms, cocaine, methamphetamine, ketamine, PCP, heroin are illegal and you are prohibited from driving within two hours of consumption. 
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What are the Punishments for Impaired Driving?

Firstly, it’s important to understand that you might face double the penalties for impaired driving. One is the criminal charge laid by the Government of Canada; the other is by the IRS (Immediate Roads Sanctions) administered by Albertan law enforcement.


The severity of the punishments depends on your previous record and the current charge. First-time offenders usually face minor consequences, such as fines, driving suspension and more. Second and third-time offenders also face hefty fines and lifetime suspensions, by might also partake in driving programs and go to jail, for a maximum of 10 years. 


Therefore, it’s important to understand your situation and what punishments you might face in the process. 


For more information on the type of punishment you might receive in relation to your criminal charge, please read the Government of Canada’s “Impaired Driving Laws” page here


For information about Alberta’s IRS program, please visit the “Impaired Driving Laws” page here


How to Respond to Impaired Driving Charges?

Whether you are innocent or not, it’s important to contact a DUI lawyer in Calgary as soon as possible to help your case. 


In many cases, individuals might not realize they are impaired when driving, a silly mistake that shouldn’t result in them losing their livelihood. In other situations, law enforcement has not properly followed protocols or procedures, resulting in unfair charges against people. Once again, the mistakes of others shouldn’t impact individuals. 


Getting a DUI lawyer on your side quicker than ever can help your case and ensure you do not face hefty punishments, such as jail time. Alberta Criminal Defence Lawyers are those lawyers, ready to help you.


Joel Chevrefils, Calgary Criminal Defence Lawyer, is here to defend you against all criminal charges. When charged with a criminal offence, the first thing you should do is call your trusted Calgary criminal defence lawyer. His professionalism can help you with all concerns regarding your charges and the complex nature of Canada’s legal system. Chevrefils can help you with your charges in and outside Calgary, including Provincial Courts in Cochrane, Airdrie, Okotoks, Red Deer and Edmonton. Trust your case to Calgary’s most experienced criminal lawyer. Call today on 403-830-1980 or email [email protected] for your free consultation.

Canada has one of the toughest DUI laws in the world. As it is considered a serious criminal offence under the Canadian Criminal Code, punishments can include excessive fines, loss of driver’s licence and even prison time. 


This high level of strictness has significant impacts on the lives and futures of permanent residents, particularly those that are seeking to apply for Canadian citizenship. 


Let’s look a little deeper at how a DUI can impact your Canadian citizenship application.  


How a DUI Affects Citizenship Applications

If the DUI was Committed Inside Canada 

If you live in Canada as a temporary resident (for work, study or travel purposes) or as a permanent resident and are charged and found guilty of a DUI, you can face deportation or might have your application denied, depending on the severity of your charge. 


In some cases, you might be immediately deported or face imprisonment, resulting in your application being denied by the IRCC. 


However, in some other cases, depending on the punishments, you might be able to remain in Canada and apply for citizenship. 


But you will need to wait five years for the DUI to pass and have it sealed through a Canadian Record Suspension. You can obtain this suspension by submitting it with the help of your DUI lawyer. If the DUI was considered indictable, you would need to wait ten years before submitting the suspension. 


As a permanent resident, you should take action to remove your criminal record as soon as you are eligible. Speak to your DUI lawyer when possible.

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If the DUI was Committed Outside Canada 

If you were convicted of a DUI outside Canada, you would not be allowed to enter in the first place while also not being eligible for permanent residency or citizenship. That’s because foreign DUI charges are seen as the same as a DUI charge in Canada. 


To enter Canada or apply for citizenship, you will need to wait five years and apply for Criminal Rehabilitation, which will waive the charges. After ten years, you are deemed rehabilitated and can enter and apply for citizenship. 


However, it is still possible for the immigration officer to see the charges on your record, which means you need to prove that you completed your sentence. 


You should never lie or misrepresent your DUI record when submitting an application. The IRCC will review and assess your application, and if they discover your misrepresentation, your application will be denied, and you could face additional charges. 


What to do if You’ve Been Charged with a DUI?


If you are a permanent or temporary resident and have been charged with a DUI, it’s imperative that you seek out a DUI lawyer to help support your case. 


If not, you risk being deported out of the country and losing any entitlements to applying for Canadian citizenship. It is not worth the risk or the money. 


Joel Chevrefils, Calgary Criminal Defence Lawyer, is here to defend you against all criminal charges. When charged with a criminal offence, the first thing you should do is call your trusted Calgary criminal defence lawyer. His professionalism can help you with all concerns regarding your charges and the complex nature of Canada’s legal system. Chevrefils can help you with your charges in and outside Calgary, including Provincial Courts in Cochrane, Airdrie, Okotoks, Red Deer and Edmonton. Trust your case to Calgary’s most experienced criminal lawyer. Call today on 403-830-1980 or email [email protected] for your free consultation.

On December 1st, 2020, the Alberta Government announced sweeping new and stricter changes to DUI laws across the province. 


Bill 21, also known as the Provincial Administrative Penalties Act (which we discussed in a previous post “Bill 21: What You Need To Know”) has now officially been passed into law.  


Under the new impaired driving laws, first time and repeat offenders can expect harsher penalties if they are caught driving under the influence. This new law aims to make roads safer, reduce congestion in courts, and enforce police to focus on traffic and non-criminal impaired driving matters on the street rather than in courtrooms. It is based on similar laws that have been implemented in British Columbia. 


We take a look at the most significant changes in Bill 21


What Are The Significant Changes Under Bill 21? 


For First-Time Offenders 

Unlike the previous law, first-time offenders will face harsher penalties if caught driving under the influence. This will also apply to novice drivers and commercial drivers. Offenders can expect: 


  • Vehicle seized for 30 days,
  • An immediate 15-month driver’s licence suspension 
  • A $1,000 fine 
  • Will be required to complete mandatory impaired-driving education.

Unless they have caused bodily harm or death, most first-time offenders won’t necessarily face a criminal charge. Their cases will be handled outside the Alberta Courts and through SafeRoads Alberta – a new adjudication branch that allows offenders to pay penalties, request more time, sanction reviews and request or dispute their vehicle seizure.


For Repeat Offenders 

Not much has changed for repeat offenders. The only significant difference is that they will now face a mandatory education program and ignition interlocks. 


Those that are repeat offenders or who have caused harm or death (even first-time offenders), will be required to appear in Court, carry Criminal Code charges and face administrative penalties.


Administering The Law 

Perhaps the biggest change to the law is the manner in which it is administered. 


Previously, traffic officers who had reasonable grounds to believe a person had committed a DUI, issued an Alberta Administrative Licence Suspension. This administrative penalty included an immediate 15-month driving suspension and seized the vehicle for three days. 


Drivers were allowed to get behind the wheel after three months if they installed an ignition interlock device, while they could appeal with the Alberta Traffic Safety Board within 30 days to have the manner overturned. 


Now, a traffic officer issues an administrative penalty called the IRS FAIL, which includes a requisite fine and suspension. Drivers though will again be able to drive after three months if they install an ignition interlock device. However, if they refuse, they will now have to serve the full licence suspension. 


Drivers can appeal through SafeRoads Alberta but will have to schedule their oral review within 21 days or 30 days for written reviews. 


For more detailed information on the key differences, check the table below, provided by the Provincial Administrative Penalties Act Overview


bill-21-alberta

Hiring A DUI Lawyer in Calgary 


Ultimately if the driver is unsatisfied by the review results from SafeRoads Alberta, they can seek judicial review via the Court of Queen’s Bench. In this situation, it’s best if they contact a DUI lawyer in Calgary and Edmonton to help them with their case. 


Handling these situations on your own can result in you facing the full punishments of the law. 




Joel Chevrefils, Calgary Criminal Defence Lawyer is here to defend you against all criminal charges. When charged with a criminal offence, the first thing you should do is call your trusted Calgary criminal defence lawyer. His professionalism can help you with all concerns regarding your charges and the complex nature of Canada’s legal system. Chevrefils can help you with your charges in and outside Calgary, including Provincial Courts in Cochrane, Airdrie, Okotoks, Red Deer and Edmonton. Trust your case to Calgary’s most experienced criminal lawyer. Call today on 403-830-1980 or email [email protected] for your free consultation.

According to the Criminal Code of Canada, if your blood alcohol level exceeds 80 milligrams of alcohol in one hundred millilitres of blood (.08), you are impaired while operating a vehicle. Therefore, you will be charged with a DUI. 

The following sections outline the punishments operating a vehicle while impaired, what to do if you are charged with a DUI, and how a DUI lawyer can help you. 


What Are The Punishments Of An Impaired Driving Charge In Alberta? 


The first thing to realize is that a DUI charge is a criminal offence, meaning you will have a conviction on your official record. It will be visible to anyone who checks your public record, including future employers, government authorities and other lawyers. Having a DUI on record can impact you in the following ways: 


  • You might be turned away from potential jobs if you fail a background check; 
  • You might lose your current position if your employer has legit grounds to do so; 
  • You may be turned away from the US border, as well as other countries, especially if you have multiple DUI convictions;
  • You may be denied a visa in other countries; 
  • And you will experience an increase in insurance costs. 

Apart from a criminal conviction, you might face the following criminal punishments, depending on the severity of the charge and how many times you offended. Some of the sentences might include the following: 


  • The seizure of your vehicle, as well as paying for the towing and storage of your vehicle
  • A fine upwards of $1,000
  • A lengthy driving license suspension
  • The requirement to pay for, and participate in Alberta’s Ignition Interlock program
  • To pay for, and attend an impaired driving course
  • A possible criminal record
  • Imprisonment for up to 30 days for a second offence and 60 days for a third offence. In some severe cases, you can be imprisoned for up to five years, depending on the severity of your criminal history and current charge. 


DUI Lawyer

Contacting A DUI Lawyer


If you are charged with a DUI, you have the right to defend yourself and plead your innocence in court. However, it is best if you do not defend yourself without the support of a DUI lawyer in Calgary


With their experience, they will be able to assess your case and determine the chance of success. They will overview the finer details of your case and provide you with a platform to defend your charge. Part of their role will include: 


  • Reviewing the evidence provided by the Crown Attorney’s office, as well as understanding the events from your point of view. 
  • Building and assessing legal arguments to determine the possible defences to the DUI charge.
  • Preparing you for trial, which can include examinations and legal arguments. 
  • Attending court appearances with you or on your behalf. 
  • Negotiating with the assigned prosecutor for the charge in a bid to lower the severity of the charge or the outcome. They will seek to have the DUI charge withdrawn, or reaching an acceptable resolution to the client without the need of a trial. 
  • Sentencing submissions if you are found guilty. They will help mitigate the sentence and ensure you comply. 


Above all, your DUI lawyer is trying to minimize the impact a criminal charge will have on your life as much as possible. 

If you have been charged with DUI, it is essential to remain calm and composed. Panicking, misleading or mishandling police officers in any way can cause more problems for you down the line. It is crucial when you are charged with a DUI that you speak to a DUI lawyer in Calgary immediately. 


Joel Chevrefils, Calgary Criminal Defence Lawyer is here to defend you against all criminal charges. When charged with a criminal offence, the first thing you should do is call your trusted Calgary criminal defence lawyer. His professionalism can help you with all concerns regarding your charges and the complex nature of Canada’s legal system. Chevrefils can help you with your charges in and outside Calgary, including Provincial Courts in Cochrane, Airdrie, Okotoks, Red Deer and Edmonton. Trust your case to Calgary’s most experienced criminal lawyer. Call today on 403-830-1980 or email [email protected] for your free consultation.

It is two of the most confusing laws in Canada: Over 80 and Impaired Driving. As both of these offences fall under drunk driving, they are often confused with each other, and in many cases, people will either be charged with one, not the other.  


It can be very confusing. How can you tell the difference between the two laws if they are so similar and overlap each other? This guide will help break down all the essentials of these two laws. 


What Is The Over 80 Rule? 


It is a criminal offence in Canada to drive a motor vehicle of any type (including motorcycles, trucks and motorhomes) while your blood alcohol concentration (also known as “BAC”) is over 80 mg of alcohol per 100 mL of blood. 

Your BAC can be impacted by several different factors, including:

  • How much alcohol you’ve drunk 
  • How much time has passed since your last drink 
  • How quickly alcohol is absorbed and eliminated in your body
  • Personal factors, such as weight, age and gender. 

However, even if you are over 80mg, you might not necessarily be intoxicated; you could be focused and be able to operate a vehicle safely. In some cases, people might have a BAC as low as 50mg and be severely intoxicated. Regardless of everyone’s different tolerance levels, it is still against the law to drive with a BAC over 80mg. 


Basically, the Over 80 law is a technical charge that has to do with how much alcohol is in a person’s system while they are driving, regardless if they are showing any signs of impairment. 


DUI


What Is Impaired Driving? 


Under section 253(1)(a) of the Criminal Code of Canada, it is illegal to operate a vehicle if you are impaired. Whether you are above or below 80mg is irrelevant for this law, as it is about how impaired you are while on substances. While in most cases, it involves alcohol, it also includes drugs, such as marijuana, and hard narcotics. 


This offence does not have anything to do with the amount of alcohol in your blood (although it will work against you if you are over 80 and impaired) and is more focused on you operating a vehicle while impaired.  


Being impaired means you are unsafe to drive your vehicle, putting you and other drivers in danger. The most common signs include poor driving, lane straddling, and swerving, while personal characteristics such as slurred speech, unsteadiness, bloodshot eyes, and alcohol scented breath, also indicate that you are impaired.


But this line brings up big questions, what happens if you’re pulled over and charged with being Over 80, but you’re not impaired? What about if you are under 80, but you’re impaired? The overlap can cause severe consequences for individuals, which is why they seek support from a DUI lawyer in Calgary or Edmonton. 


The Punishments For Being Over 80 & Impaired Driving 


The stakes are high when it comes to being charged with being Over 80, impaired driving or both. It depends on the number of convictions you’ve had, as well as your court defence. You will have a court hearing to appeal your case. 

For being Over 80: 

First conviction: 

  • Between 80mg to 110mg will include a fine of at least $1000
  • Between 120 Mg to 150mg will include a fine of at least $1500; 
  • 160mg or over of alcohol: fine of at least $2000 and minimum one-year driving prohibition, with immediate eligibility for Ignition Interlock

Second conviction: 

  • Minimum 30-day jail sentence and a minimum two-year driving prohibition, with three-month ineligibility for Ignition Interlock

Third conviction or more: 

  • Minimum 120-day jail sentence and a minimum 3-year driving prohibition, with six-month ineligibility for Ignition Interlock 

For Impaired Driving, the Alberta Motor Vehicles Branch and the Judge will suspend your licence for 12 months for the first offence, 36 months for the second offence and 60 months for the third offence. The maximum penalty for driving while prohibited is between 2 to 5 years imprisonment. You will have to undergo a road test and/or attend a seminar on drinking and driving, while also paying the license reinstatement fee.


If you are charged with being Over 80, and Impaired Driving, you can face severe legal consequences. It is important that you speak to your DUI lawyer in Calgary for advice. 


What Are The Defences Against Impaired Driving & Over 80mg? 


There are several ways to defend yourself against the allegations. 

Your Calgary criminal lawyer would appeal against the allegations by focusing on the accuracy of the machine receiving the breath sample if you were charged Over 80 while also breaking down the facts if you were impaired or not. 


If you are charged with impaired driving, the lawyer will challenge the officer’s version of accounts of your impairment, and the low BAC rating, if it was below 80mg. 


If you have been charged with both being impaired and being Over 80, then your criminal lawyer in Calgary will use a combination of both views to challenge the allegations. They might also use other defences, including denial of constitutional rights before the taking of breath samples or delay in the testing procedures, to support your case. 

In some cases, pleading guilty might provide you with the best solution, depending on the punishments at hand. 


Overall, each case is different, and the area of drinking and driving case law is extremely complex. Your DUI lawyer will decide themselves which is the best route to take in order to get the best out of your case. 


Joel Chevrefils, Calgary Criminal Defence Lawyer is here to defend you against all criminal charges. When charged with a criminal offence, the first thing you should do is call your trusted Calgary criminal defence lawyer. His professionalism can help you with all concerns regarding your charges and the complex nature of Canada’s legal system. Chevrefils can help you with your charges in and outside Calgary, including Provincial Courts in Cochrane, Airdrie, Okotoks, Red Deer and Edmonton. Trust your case to Calgary’s most experienced criminal lawyer. Call today on 403-830-1980 or email [email protected] for your free consultation.