Here at Pardon Granted, we get a lot of questions about impaired driving charges. There is a lot of confusion about Impaired Driving charges in Canada. Impaired driving in Canada has a long history. Driving while intoxicated has been illegal in Canada since 1921, which is before most Canadians even owned cars! This article is intended to clear up some misconceptions about impaired driving in Canada.
MYTH
“My Impaired Driving Charge will automatically be removed from my record in 7 years.”
FACT
In Canada, a criminal conviction can follow you around for your entire life. Unless you receive a pardon, your record will not be erased. Only conditional and absolute discharges are automatically erased, all other types of convictions will stay on your criminal record until pardoned.
MYTH
“You can have your licence suspended even if you are not over 0.08%”
FACT
All the provinces except Quebec have legislation that allows for license suspensions for Blood Alcohol Contents of less than 0.08%. You may receive up to 30 days suspension for amounts exceeding 0.04% on multiple offenders in some provinces.
MYTH
“If I get pulled over by a RIDE program, I can just refuse the breathalyser test to make sure I don’t get charged with driving under the influence (DUI).”
FACT
In Canada, failure or refusing to provide a breath sample is a separate criminal offense. Thus, avoiding giving a sample will not help you avoid charges; it may just saddle you with additional charges which may follow you around longer. In all cases, it is best to co-operate with the police.
MYTH
“I have an impaired driving charge; I cannot travel to the US.”
FACT
Impaired driving is not considered a crime which makes a person inadmissible to the United States. If you have only impaired driving on your record, then you should not have any problems entering the United States.
We hope this clears up some misconceptions about Impaired Driving in Canada. If you have a conviction for this offense, no matter how old, it is always in your best interest to have it cleared. While you may still be able to travel to the United States, any conviction may hinder you from finding work, volunteering with certain organizations or perusing further education. Visit Pardon Granted on the web, or call our office for more information on how you can get your record cleared!