Every year, the number of people convicted of drinking and driving offenses continues to increase. This is a serious problem that affects all Canadians, regardless of age or gender. Being charged with impaired driving can have devastating consequences, including fines, license suspensions, and even jail time. If you’re facing a drinking and driving charge, it’s imperative that you contact an impaired driving lawyer, to ensure appropriate representation of your case. In this blog post, we’ll look at the penalties for drinking and driving in Canada, and let you know how an impaired driving lawyer can help you out.

Criminal Offenses

In most provinces in Canada, it is illegal to drive if your blood alcohol concentration (BAC) is over 0.08%. If you are caught with a BAC over this limit, you will be charged with an impaired driving offense. Depending on the province or territory you are in, the maximum penalty for this offense can range from $1,000 to $2,000 in fines and six months to two years in jail. Additionally, your license may be suspended for up to five years.

When it comes to drinking and driving charges, criminal offenses can vary – which is why it’s so important to seek professional help. An impaired driving lawyer can help you navigate these criminal offense charges, and possibly even minimize the fines or penalties you’re up against.

Administrative Penalties

In addition to criminal penalties for drinking and driving offenses, there are also administrative penalties that can be imposed by your provincial or territorial government. These penalties typically include license suspensions ranging from one day to 10 years; they may also include vehicle impoundment or ignition interlock device installation.

If you’ve been charged with drinking and driving, it’s recommended that you contact an impaired driving lawyer, so that you can ensure professional representation, and have them help you reduce your charges as best as possible.

Penalties For Refusing to Take a Breathalyzer Test

If you refuse to take a breathalyzer test upon being stopped by police officers for suspected drunk driving, you could be subject to additional penalties on top of those listed above—even if your BAC was below 0.08%. Depending on the province or territory you are in, these penalties can include fines ranging from $500-$2,000 and license suspensions ranging from three days to 12 months. It can also include vehicle impoundment and mandatory use of an ignition interlock device for up to three years after your suspension has been lifted.

Conclusion

The consequences of drinking and driving can be severe and costly—both financially and emotionally—so it’s important that all Canadians understand the legal ramifications associated with this behavior before getting behind the wheel after consuming alcohol. If you have been charged with an impaired driving offense or any related violation such as refusing a breathalyzer test, it is important that you seek professional legal advice from an impaired driving lawyer right away, so that you can protect yourself against potential repercussions.

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.

Every day, people get behind the wheel of a car after drinking alcohol or using drugs. Some will get lucky and make it to their destination without incident. Others, however, will not be so fortunate.

In every country, impaired driving is a serious problem, and claims thousands of lives each year. However, it is entirely preventable and avoidable. If you or someone you know has been involved in an impaired driving incident or is facing charges for impaired driving, then this article may be informative in helping you understand what steps you should take when navigating an impaired driving charge, and what you can do to improve your circumstances.

We will clarify what exactly impaired driving is, and let you know what you can do to prevent or defend yourself if you’ve become involved in an impaired driving claim.

The definition of impaired driving

Impaired driving is defined as operating a vehicle while impaired by alcohol, drugs, or both. Drugs can include prescription medications, over-the-counter drugs, and illegal drugs. Alcohol impairment occurs when there is a blood alcohol concentration (BAC) of 0.08% or higher.

However, the expectation is lower for commercial drivers; in those cases, the BAC limit is 0.04%. Impaired driving can compromise your judgment, reaction time, motor skills, and memory. It can also increase your risk of accidents and injuries.

If you are convicted of impaired driving, you may face jail time, fines, driver’s license suspension, and other penalties. You may also be required to attend drug or alcohol treatment. An impaired driving lawyer can help you understand the charges against you and defend your rights in court.

The details on impaired driving

Every day, many people die in motor vehicle crashes involving impaired drivers, resulting in more than 10,000 deaths yearly in Canada alone. In addition to those who are killed, many more are injured in impaired driving accidents.

There are many ways to prevent impaired driving accidents from happening in the first place. For example, no one should drive if they have been drinking alcohol or using drugs. If you must drive, however, there are some things you can do to reduce your risk of being involved in an accident. First, always wear your seat belt. Second, never get behind the wheel if you are tired. Third, do not drive if you are angry or upset. Finally, always obey the speed limit and pay attention to your surroundings.

If you or someone you love has been involved in an accident caused by an impaired driver, you may be entitled to compensation. An experienced personal injury lawyer can evaluate your case and help you understand your legal options.

Conclusion

Impaired driving is a serious problem that claims thousands of lives each year. If you must drive after drinking alcohol or using drugs, there are some things you can do to reduce your risk of being involved in an accident. If you or someone that you know has been involved in an accident caused by an impaired driver, it is important to contact an impaired driving lawyer, so that you can better understand your situation and charges, and navigate the claim with clarity and professionalism.

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.

If you’ve been accused of driving under the influence, or of impaired driving, it’s important to know what this means. Although both accusations are serious, the two different charges will result in separate penalties and sentencing.

There are a few different types of impaired driving offenses in the eyes of the law, and to the public, each with their own consequences. Even though they both involve operating a motor vehicle, the difference between “influence” and “impairment” will dictate what the resulting charges may be.

Depending on whether a person is being charged with Impaired Driving or a DUI can mean that the operator will face anything from a warning to possible jail time. To understand the difference, let’s take a closer look at these differences so you understand what might happen if you get caught driving under the influence.

Driving Under the Influence

Driving under the influence (DUI) is defined as operating a vehicle while impaired by alcohol or drugs. It is a legal term in which the driver of a motor vehicle commits an offense punishable by fines or penalties – or both.

For example, if a person drives while having an alcoholic beverage in their system, that person has committed a DUI offense. This can include both alcohol-induced impairment and alcohol-induced unconsciousness, and it can also affect driving skills such as reaction time, coordination, and judgment.

What are the Penalties for a DUI?

Simply put, a DUI is a criminal charge. A guilty verdict in a DUI case can result in severe consequences, including jail time, hefty fines, and potential license suspension.

An additional consequence of a DUI conviction is that it could affect a person’s ability to obtain professional licenses, such as a medical license. This means that they will be unable to practice medicine, optometry, dentistry, veterinary medicine, or any other profession requiring licensure if they have been convicted of a DUI.

In some cases, a person may not be able to enter certain countries due to this charge, or perhaps even limit a guilty party with their eligibility for federal employment or housing allowances.

In short, if you have been convicted of driving under the influence (DUI), you should know that it could have serious consequences not only for yourself but for others as well.

Impaired Driving

The definition of “impairment” is not clearly defined in the law as “influence,” but it generally means that the person’s ability to operate the vehicle was substantially impaired due to some mental or physical condition.

Impairment can include the impairment of a person’s cognitive, physical, or psychological abilities. Examples of impairment include intoxication, disease, depression, and fatigue.

Many times, people who are charged with impaired driving do not have much alcohol in their system, and in fact have less than half the legal limit for alcohol content of blood within their system. Rather than alcohol, “impairment” can simply mean that they are a danger to themselves or others on the road due to their mental state.

What are the Penalties for Impaired Driving?

The penalties for impaired driving are based on the blood alcohol content (BAC) and the level of impairment of the driver.

On average, impaired driving convictions lead to penalties ranging from a $500 fine for minor offenses, to community service and mandatory vehicle impoundment. In more serious cases, impaired driving can result in the loss of a driver’s license, or a prison sentence.

Keep in mind that the consequences of impaired driving go far beyond criminal charges and financial costs associated with fines and court fees. Impaired driving can also have lifelong repercussions, including potential social isolation, a damaged reputation, and lost opportunities.

How to Recover from a DUI or Impaired Driving Charge

If you have been charged with impaired driving, you may want to start with making amends. Some people choose to attend an alcohol or drug education program, while others opt for volunteering for a worthy organization.

Once you have made your amends, consider seeking professional help. A sober coach can help you stay on track and avoid relapses. You can also consult with a lawyer who has experience handling impaired driving cases. By working together, you can achieve the best outcome possible.

Impaired driving and DUIs are complicated offenses, and it’s important to remember that everyone makes mistakes. Ultimately, these cases are taken seriously by the courts; punishing a person beyond the realm of the legal system may simply make things worse. Trying to understand and navigate these situations as kindly as possible is the best a person can do.

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.

With the legalisation of cannabis in Canada, there has been an increase in the number of people charged with impaired driving. If you have been charged with impaired driving, it is important to understand the law and what your options are.

The seriousness of an offence like this requires an impaired driving lawyer, and for you to understand what charges you will be facing. This blog post will provide you with everything you need to know about cannabis and driving.

The Law on Cannabis & Driving

In Canada, it is against the law to drive while impaired by drugs or alcohol – including cannabis. The penalties for driving while impaired by drugs are the same as those for driving while impaired by alcohol. If you are convicted of impaired driving, you will face a fine, a jail sentence, and a driver’s licence suspension.

Cannabis can stay in your system for days or even weeks after you use it. This means that you could be charged with impaired driving even if you smoked cannabis days or weeks before you got behind the wheel.

If you are pulled over by the police and they suspect that you are impaired by drugs, they may require you to take a roadside sobriety test. If you fail the test, you will be arrested and taken to the police station where you will be required to provide a blood sample. The blood sample will be analysed for drugs and alcohol.

If the blood sample shows that you were impaired by drugs at the time of driving, you will be charged with impaired driving. Even if the blood sample does not show that you were impaired by drugs at the time of driving, you may still be charged if the police have other evidence that you were impaired, such as witness testimony or video footage.

Defending an Impaired Driving Charge

If you have been charged with impaired driving, there are a few defences that may be available to you, and an impaired driving lawyer can help coach you through the process of knowing what to say, and how to approach your legal situation.

Some defences that your lawyer may argue is that you weren’t impaired at the time of driving. Another is that your Charter rights were violated when the police pulled you over or when they took your blood sample. This defence can also be difficult to prove because it requires expert testimony about police procedure.

Regardless of your defence or case, it will be up to your lawyer to conduct the legal brief or argument to defend you to the best of your ability. With any luck, the court will grant you reduced or dropped charges.

Conclusion

If you have been charged with impaired driving, it is important to understand the law and what your options are. This blog post has provided you with everything you need to know about cannabis and driving. If you have any questions about your specific situation, please contact a criminal lawyer for advice.

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.

If you have been charged with impaired driving in Canada, you will need to hire a lawyer to represent you in court. From locating a lawyer to figuring out the costs, there’s a lot of information you should know about getting yourself the right representation.

The cost of hiring a lawyer can vary depending on the severity of the charge, the jurisdiction in which you are charged, and the lawyer’s experience. In this blog post, we will discuss the average cost of hiring an impaired driving lawyer in Canada in 2022.

The cost of doing business

The average cost of hiring an impaired driving lawyer in Canada is $2,500. However, the cost can range from $1,500 to $5,000, depending on the severity of the charge and the jurisdiction in which you are charged. If you are facing a first-time impaired driving charge, you may be able to find a lawyer who will represent you for a flat fee of $1,500. However, if you are facing a more serious charge, such as DUI or DWI, you will likely need to pay a higher fee.

In addition to the fee that you will pay to your lawyer, you will also be responsible for any court costs associated with your case. Court costs can range from a few hundred dollars to several thousand dollars, depending on the jurisdiction in which you are charged. For example, if you are charged with impaired driving in Ontario, you can expect to pay approximately $1,200 in court costs.

How to find the right lawyer for your case

As you can see, there’s a sliding scale on what you should expect to pay when hiring a lawyer. The bottom line is, you need to find a lawyer depending on the nature and severity of your case.

If you are being charged with impaired driving or a DUI, then it is imperative that you choose a criminal defence lawyer, especially one that specialises in these charges. By choosing a lawyer who is well-practised in this area of criminal defence, your odds of having charges dropped will be much higher.

Additionally, the price you pay for a lawyer will depend on the severity of your case. If your charge is a basic DUI, and it’s your first offence, you may not have to hire someone who has a higher retainer.

However, if your case is complex, complicated, and multi-faceted, hiring a lawyer isn’t the place you want to be cheap. By hiring someone who is a leader in the field of criminal defence, your future will be impacted – money you spend on a lawyer today will certainly benefit you tomorrow.

Conclusion

The cost of hiring an impaired driving lawyer in Canada can vary depending on the severity of the charge and the jurisdiction in which you are charged. You will also be responsible for any court costs associated with your case which can range from a few hundred dollars to several thousand dollars depending on the jurisdiction.

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.

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. 
dui-lawyer-calgary

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.

dui-lawyer-calgary

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.