What Happens After You Get Arrested for Drunk Driving in Canada

Driving under the influence of alcohol, known by both the acronym DUI or DWI, can have serious migratory effects. Before specifying what the consequences may be for migrants, it is advisable to know the general rules that apply to all drivers: citizens, migrants or tourists in Canada.

But What Is Considered Driving Under The Influence Of Alcohol And What Are Its Consequences?

The laws that regulate what it is to handle drunk and its consequences vary between each state, but in some, it is considered that the law is already broken with levels of 0.05 per cent of blood alcohol. In any case, you have to know the state regulations of the place where the accident occurs. Also, the police are authorized to arrest if people suspected of having drunk fail the tests known as sobriety. In addition, in Canada, the rule is that if a driver suspected of having drunk refuses to have a blood test, then he is considered guilty of DUI.

And although the general penalties are different from state to state the truth is that they can be serious, from fines for a high amount to seizure of the car and/or plates and, even, time of imprisonment, even when not it would have caused an accident. And within Canada, the laws of closure or lock are applied, which is known as interlock laws. That is, a driver can be forced to have a system in his car where he has to blow every time he wants to drive. But if the device detects alcohol levels, the motor will hang and will not start. In any case, the punishments usually vary in rigidity according to whether it is the first time or repeated behavior.

And What Are The Specifically Migratory Consequences Of A DUI?

When applied for different immigration benefits, as in the specific case of obtaining the green card, it is specifically asked in the form if you have been arrested, accused, convicted, fined or sent to prison for violation of any law Or ordinance, excluding traffic violations.

Should DUI Cases Be Reported At That Time?

The answer is yes. Since traffic violations that should not be reported are traffic tickets. On the other hand, the cases of driving under the influence of alcohol and also those of reckless driving must be reported. In addition, cases of reckless driving can, by themselves, be sufficient cause for the green card petition to be rejected because it is considered a case of immoral crime.

In case of doubt, consult with an immigration lawyer since lying on an immigration form has very serious consequences. And the lie will be discovered when taking the fingerprints. And a lie of this kind is enough for the request of the green card to be rejected. In these cases, you will look at the circumstances a lot. For example, it is considered to be more serious if at the same time driving drunk driving was dangerous if a child is taken in the car, if they have also used drugs, etc. The best in all cases of DUI convictions is to speak with an immigration lawyer to know what options there are and how to raise the case. Although to defend against the accusation it may be advisable to consult and advise with a specialist lawyer specifically in driving under the influence of alcohol.

Finally, keep in mind that in many regions in Canada it is illegal for a car's passengers to drink alcohol or even simply to travel with an open alcohol container. However, keep in mind that many of those states have exceptions for situations like bringing a bottle of wine open from the restaurant home.