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Impaired Driving is a Serious Criminal Offense in Canada
The immigration consequences of an impaired driving charge include the loss of immigration status, deportation, and prohibition of future visits to Canada. This applies whether the offender is a tourist, student, someone on a work permit, or a permanent resident.
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Typical DUI Immigrant Case
Case: R. v. M.S. (A Temporary Resident)*
Charge: Impaired Driving, Over 80, Novice Driver BAC Over 80
Result: Discharged – No Conviction Against M.S.
“When this all started, I felt so shaken. As a temporary resident, I was terrified that I would be deported from Canada if convicted. You really did magic for me and my family. I am grateful to you for your hard work and commitment. I know how hard your job is. Thank you. Thank you.”
M.S.
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*Past results are not necessarily indicative of future results and may vary according to the facts in individual cases.
IMMIGRANTS FACING DUI or IMPAIRED DRIVING CHARGES RISK DEPORTATION
Impaired Driving is a Criminal Offence
Impaired Driving, Driving Under the Influence (DUI), Drunk Driving, Refusing a Breathalyser test, or Drug Impaired Driving are considered by the courts to be among the most serious criminal offences in the Canadian Criminal Code.
IRCC can Deport Immigrants or Visitors to Canada Convicted of Impaired Driving
Immigration, Refugees, and Citizenship Canada ("IRCC") has the power to strip the immigration status of immigrants convicted of criminal offence such as impaired driving and then deport them. Canada’s tough stance on immigrants who are found guilty of drinking and driving applies to all non-citizens regardless of whether they've arrived in Canada by land, air, or sea.
Once Deported, Return (even for emergency family visits) is Often Impossible
Once deported, an individual is prohibited from returning to Canada without a Pardon. The deported person must wait a minimum of five years before they can begin the Pardon process. Obtaining a Pardon from outside Canada can take as long as ten years to complete and success is not guaranteed.
What Type of Non-Citizen Does This Policy Affect?
If you're a non-citizen living in Canada, impaired driving is sufficient grounds for deportation. It's as simple as that. It doesn't matter whether the defendant is a tourist, student, someone on a work permit, or a permanent resident. The law applies equally whether you're from the United States, Great Britain, Australia, New Zealand, India, China, the Philippines, Greenland, or anywhere else. No matter where you came from, you can and will be deported because of an impaired driving offence.
Call Us Immediately If You're in the Immigration System and Charged With Impaired Driving
If you are charged with impaired driving (DUI, DWI, over 80, refuse breathalyzer, drug impaired driving, etc.) and you are a visitor, student, a person on a work permit, a permanent resident, or currently in the immigration system, you are at risk of being deported and prohibited from entering Canada indefinitely.
However, just because you have been charged with impaired driving does not mean you will be convicted. Between charge and conviction, a skilled DUI Lawyer can often negotiate with Prosecutors (the Crown Attorney's Office) to have the charges reduced to something non-criminal, or even dropped completely, eliminating the possibility of being deported by the IRCC. If your case does go to trial, our skilled DUI Lawyers will fight hard to win your case. Visit our 2022/2021 Success Stories page to check our our most recent successes.
If You're an Immigrant Facing an Impaired Driving Related Charge
Speak to a Sensitive and Experienced DUI Lawyer now.
The Consultation Is Free and Will Last As Long It Takes For Us To Understand Your Problem and Recommend a Course of Action.
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