So your friend boasts that they are doing a drag race and invited you to join. But because your car is not built for drag racing, you decided to look something rugged. Then you go to Zemotor.com and purchase a 1980 Dodge Charger. “What a great find,” your friend praises your new acquisition.
You and your friends did an illegal drag race while under the influence without knowing some of the traffic laws and ended up in jail. Would you do the same thing again? Or would you drive while drunk or high in drugs? “Ignorance of the law excuses no one,” as they say so better equip yourself with knowledge so the next time you hold a stick shift, you are prepared.
The majority of traffic offenses, such as speeding or illegal turning, are not considered criminal offenses, and therefore will not appear on your criminal record. However, impaired driving is an offense that is classified as severe enough to warrant a conviction under the Criminal Code, especially if the driver has an alcohol level in excess of 0.08mg.
These offenses take place for a number of reasons, including the fact that alcohol has a different effect on each person. Most of our clients tell us that they didn’t even think they were drunk and that they were surprised to have failed the breathalyzer test. However, none of them were able to make the police officer believe otherwise.
We also have stories of people who remember drinking, but not getting in the car. Most cases fall between the two extremes. Normally, offenders are aware that they are too drunk to drive, but still decide to take a risk to return home.
What happens if I’m convicted?
Most impaired convictions are summarily tried in court, and the usual sentence is a license suspension and a fine. You will be able to apply for a pardon five years after paying your fine because as part of the pardon, the license suspension is not part of your sentence. So pay your fines as soon as possible to avoid delaying the suspension of your criminal record.
It is also possible that DUI can be tried by indictment, resulting in a harsher sentence. Normally, this method of prosecution is reserved for repeat offenders, or in a case where the offense was more serious, i.e. causing bodily harm, or if other criminal activities (fleeing the police) were associated with it.
Drunk driving and travel to the United States
We are often asked if driving under the influence will prevent someone from traveling to the United States. Normally, a DUI record will not cause problems at customs, but it is never safe.
US Customs and Border Protection (CBP) explicitly states that a Canadian will not be denied entry to the United States for drink-driving. However, the situation is vaguer for people with more than one impaired conviction, because CBP advises that you could be turned down if you have multiple convictions.
CBP may also be wary of granting entry to someone with multiple impaired traffic offenses as this could be a sign of untreated substance abuse, which may also be grounds for refusing entry.
So if you only have one drink-driving conviction, you probably won’t have a problem traveling to the United States. We still advise you to get a pardon before you go.
A reminder – it is illegal to drive while intoxicated
Every driver knows full well that driving while intoxicated is illegal, yet the majority of the cases we deal with are related to impaired driving. In addition, there are several related offenses that many people are unaware of:
- Omission or refusal to provide a sample – refusing to provide a breath sample is a criminal offense and will result in the same penalty as a drinking and driving record. If a police officer asks you to do a breath test, you have no choice but to do so. If you refuse to do so, you will be sentenced.
- Custody and Control – If the police are confronted by an intoxicated person in their vehicle, that person may be convicted of custody and control, even if they are not driving. Often, the person leaves a bar/party and becomes aware of having consumed too much, so he decides to take a nap in his car. This sounds like a good idea, but sometimes the person wakes up and feels sober, and therefore decides to get behind the wheel without realizing that they are still above the legal limit.
- Custody and control by proxy – this one is unusual but it happened to one of our clients. She was sitting in the passenger seat when the driver, who was sober, got out of the car for a moment for a quick purchase. Since the passenger was intoxicated, and the keys are in the ignition, she was convicted.
It is also important to take into account that impaired driving may involve anything other than alcohol. You could be convicted of this offense if your abilities are impaired by the effect of a drug – even a prescription drug – to the point where driving becomes dangerous.
In addition, impaired driving may be with something other than a car or truck. According to the criminal code, it can be a train, plane, boat, bicycle, tractor, or even a horse-drawn car. In short, if it is a vehicle that you have to maneuver, you must be sober to do so.
If you have ever been convicted of one of these offenses, you will need to apply for a record suspension in order to seal your criminal record. Your conviction will never go away on its own.
Prevention is better than cure. If you plan to go to a party where alcohol cannot be avoided, don’t bring your car and take a taxi or Uber instead. Whether you are heavily drunk or not, once to hold the key, you cannot control yourself. Remember that your mind is faster than your reflexes when intoxicated so think your vehicle is running slow while in reality, you are already over the speed limit.
