Driving under the influence (DUI) or impaired driving is among the most severe offences in Canada. A DUI perpetrator can receive a ten-year sentence in prison. Your criminal record can have lifelong impacts on your ability to travel, employment and immigration status. Therefore, you must understand everything there is to driving while impaired and learn how long an impaired stays on your record in Canada.
How Long Does a DUI Charge Stay On Your Record in Canada?
It takes 3 years for an impaired driving conviction to be removed from your driving (motor vehicle) record. Your criminal record from a DWI conviction remains until you apply for a record suspension and it is accepted. You can apply for a record suspension 3 years after a summary offence and 5 years after an indictable offence, after all penalties and fines have been paid. A first-time driving while impaired offence without causing bodily harm will stay on your criminal record for a minimum of 4 years if you’ve paid your fines within your one-year driving prohibition penalty and have started the record suspension application process promptly.
Does a DUI give you a criminal record in Canada?
In Canada, a DUI or impaired driving is a serious offence. It has been recognized as a criminal act in Canada since 1921. According to the Canadian Criminal Code, you can receive a DUI if you are deemed to be operating a motor vehicle while impaired or if you have more than 80 mg of alcohol in 100 ml of blood. Failure to offer a breath sample is also a criminal offence.
A first DUI offence is a misdemeanour, but a third DUI record is a felony. A DUI on your driving record can stay up to 80 years. DUI charges never go away automatically. So your licence can be suspended, and the record remains in the Ministry of Transportation database. If an American has a criminal record for DUI, the individual must get special permission before entering Canada before crossing into Canada.
Is DUI a Summary Conviction?
You should consult a criminal lawyer in Canada when you are charged with a DUI offence. If the impaired driving did not include aggravating factors, a DUI is a summary conviction, especially if it is the first time. However, if the DUI has other aggravating factors, such as bodily harm or death, it’s an indictable offence, and you may get ten years in jail.
In addition, according to Canada’s criminal code, penalties you can receive include licence suspension, additional provincial fines, vehicle impoundment, ignition interlock requirements, and treatment and education programs. For example, some companies perform a criminal background check, and you may pay some charges when you have a DUI.
How Long Does a DUI stay on your record for insurance?
A DUI conviction can stay on your permanent record for three years if you receive a DUI. If your licence is under suspension, that time will be six years. You will get a longer record if you engage in other impaired driving cases.
Does a DUI affect your insurance rates?
Yes it does. When car insurance companies discover that you have a DUI, they either raise their rates or cancel your insurance. These penalties imply that you should fight for a lesser sentence in the courts.
How do you get a DUI off your record in Canada?
If you have committed a DUI offence and have been convicted, the details go into your criminal record. However, not all DUI charges result in convictions, especially if you have hired a excellent impaired driving lawyer to stand up for you. If you were caught driving over 80, that doesn’t necessarily mean you will be convicted.
You can apply for a record suspension after 3 years has past since penalties have lapsed and your fines have been paid. A record suspension ensures that the impaired driving convictions are suspended from your criminal record as long as you’re not convicted of any other criminal charges.
Reach out to us
Criminal Defence Connect has the best lawyers that will investigate, collect data and put up a solid defence in court. You don’t have to jeopardise your future or waste thousands of dollars on excessive legal fees while our company is here. Our skilled criminal lawyers focus on DUI charges and protect you from the stigma and consequences of a criminal record. Contact us and request for a free consultation.