Having a DUI on your record could present a lot of issues in the future. Therefore, it is best to not have a DUI charge or conviction on your record or at least find a way on how it can be taken out of it. If you have some questions about impaired driving in Canada and DUI charges in Canada, then keep on reading.
Impaired driving is considered a serious offence in Canada, and it is considered a criminal act in the nation since 1921. This is because according to Statistics Canada, impaired driving or driving under the influence is a major public safety issue. Aside from public safety, one of the reasons why a DUI is considered a serious offence is that it costs a lot of Canadian taxpayer money to make sure that DUI laws are implemented. The laws are so strict that DUI charges are the most common criminal offence in Canada.
What the Canadian Criminal Code Says About a DUI
The Criminal Law dictates that Canadians who are impaired by drugs or alcohol are prohibited from operating their vehicle. Moreover, individuals with a blood alcohol concentration of more than 80 milligrams of alcohol per 10 deciliters of blood can be charged with a DUI if they were found to be operating a motor vehicle while impaired.
A potentially impaired person can be stopped by a policeman or similar authority and asked to use a breathalyzer to measure the person’s blood alcohol level. Know that the driver does not have to have more than 80 milligrams of alcohol per 10 deciliters of blood to be charged with a DUI. Sometimes, driving recklessly alone can result in a DUI charge.
For How Long Does a DUI Stay on Someone’s Record in Canada?
A first offence of DUI is considered as a misdemeanor, but a third DUI record is considered a felony. Once you have this record, then it can stay up to 80 years. Aside from having a record, your license will be suspended, and it might take some time for you to get it back. Know that getting your license back does not mean that the DUI record will go away. Having a record can have a significant effect on your life which may include having difficulty in finding a job plus having to pay higher insurance. In some cases, a DUI record may also result in losing the right to own firearms or having child custody.
Is It Possible to Prevent a DUI from Going on Your Record?
The best approach is to consult an experienced DUI lawyer as soon as you have a DUI charge. Your DUI lawyer will review the police activity as well as public records of important information at the time of your arrest. This information will be compared with your testimony to check if there are any violations of proper procedure that the police may have done. If a violation of procedure has occurred, then it is possible to have the DUI charge dismissed. A dismissed DUI charge will not go in your record. Another possible way is that the lawyer might be able to negotiate a settlement with the court wherein you could be charged with a summary conviction instead. Basically, it will be all about mitigating the effects of a DUI conviction on your reputation.