For Canadian citizens charged with an impaired driving offense (also known as DUI, Driving over .08, Care and Control of a Motor Vehicle, Refusal to provide a breathe sample), the repercussions can be tough. Driving under the influence of drugs or alcohol is considered a criminal offense under the Criminal Code of Canada. As the public has become more aware of the dangers of impaired driving, the laws surrounding this criminal offense have become increasingly serious over the years. Today, the province of Ontario is a leader in combating impaired driving through some of the toughest laws and programs in North America. Being convicted of a DUI will produce a conviction that will be permanently stored in both the Canadian Police Information Centre (CPIC) and other local police databases. As the rules and regulations around driving under the influence of drugs or alcohol have become stricter, the stigma for past offenders has only gotten worse. Having a DUI on your criminal record can affect your ability to work and travel, as employers and immigration officers will be able to see the offense when conducting a criminal background check. Even if you are not convicted of a DUI offense, being charged with impaired driving will remain in the police system.

 

 

How can you pass a criminal background check with a DUI?

 

It is possible; however, it involves a lengthy process. In Canada, citizens convicted of impaired driving can only apply for a record suspension five full years after you paid the fine to the police for your conviction. Given five years, no repeat offenses, and a willingness to pay the processing fees, these convictions can be removed from your criminal record. Since the process for obtaining a pardon or record suspension is lengthy, it is OK to start the process well before your eligibility date.  Pardons Canada helps thousands of people each year to obtain a pardon or record suspension for a DUI (Impaired driving, refusal to provide a breathe sample, care and control of a motor vehicle, driving over .08) so that individuals can move forward in their lives without the lifetime burden of having a criminal record.

 

Blood Alcohol Concentration

 

The truth is that impaired driving is very dangerous, but also very easy to do. The amount of alcohol in your body, also known as your blood alcohol concentration (BAC), is measured by the amount of alcohol in your bloodstream. There are many factors that can affect your blood alcohol level, making it difficult to estimate whether or not you are over the legal limit even after a single drink. Some of these factors include; how quickly you are drinking, your body weight, the amount of food you have eaten, and your gender. In Ontario and nationwide, the maximum legal blood alcohol level for fully licenses drivers is 80 milligrams of alcohol in 100 millilitres of blood (0.08).

In Ontario, your blood alcohol concentration does not have to be above the legal limit to result in serious consequences. Registering a BAC from 0.05 to 0.08 will result in provincial administrative penalties. This range between 0.05 and 0.08 is commonly called the warning range and will result in a roadside suspension that cannot be appealed, along with an administrative monetary penalty. Repeat offenders can face harsher penalties for their second and third offenses if they occur within five (5) years of their first time offense.

Zero Tolerance

 

For certain drivers, there is zero tolerance when it comes to driving under the influence of drugs or alcohol. The Zero BAC law means that some citizens cannot have any presence of drugs or alcohol in their blood while they are operating a vehicle on the road. This law applies to all drivers ages 21 and under, as well as novice drivers of any age.

 

Removing a DUI by Obtaining a Pardon or Record Suspension

 

Mistakes happen, but an impaired driving (DUI) conviction does not have to be a mark that you carry around with you for the rest of your life. Given that the person commits no repeat offenses, these convictions can be removed from a criminal record five years after the fine has been paid in full. Pardons Canada takes the hassle and burden of clearing convictions from your criminal record, helping people make positive changes and feel part of their communities once again.