Wednesday, June 22, 2011

Impaired Driving And Canadian DUI Laws

By Adriana Noton


Canadian law is strict on its impaired driving offenders. For those who choose to ignore the set laws there are penalties in place. It is said that around 1,278 people died in alcohol related injuries in 2006. A total of almost 300,000 related car crashes and crashes that ended up with some form of property damage occurred that same year.

Motor vehicle operators can be charged with a DUI even if the vehicle is not moving in Canada. The police have the right to observe the driving, balance and speech of an individual to determine if they are under the influence. If this is determined to be the case a blood test will be used to verify the situation.

Canadian law has an increasing penalty scale for DUI offenders. First time arrests normally result in just a fine. Second and third time arrests include increased fines and jail time. In all cases the driver's license of the person charged is taken until the courts decided to reinstate it.

The Tackling Violent Crime Act of 2008 states that officers have the ability to take fluid samples if they believe a person to be under the influence. These samples are taken when an officer has performed the basic field tests and used to confirm the results. It is now a criminal offense to refuse the giving of fluid samples.

Once convicted of DUI the fines can range from 600 to 1,000 dollars. Second time offenders can expect anywhere from 14 to 30 days in jail and on the third strike 90 to 120 days. Drivers that are found guilty also forfeit their license for up to three years.

Immigration laws in Canada state that no person with a criminal record may enter the country unless approved by a border agent. This law applies to any person trying to enter the country that has a DUI and impaired driving conviction. With driving impaired on the books as a felony it is very rare that exceptions are made. Exception waivers can be filled out and submitted for those who have a conviction on their records.

Specialized entrance involves a few steps. The applicant has to fill out a waiver of exclusion through the main Canadian embassy in Washington, D. C. Or via one of the many consulate offices in the United States. Just like applying for a passport, obtaining the document can take weeks and there is a fee.

With the increased security since September 11, 2011 the United States and Canada have penned an agreement to increase border security. Lying to a border agent will result in being banned from entering the country for several years, if not permanently.

With the consequences being so high when it comes to being caught driving impaired, one really must take into whether it is worth it or not. Not only will the occurrence give you a criminal record; but you will also forfeit your rights to pass freely between the two countries.

The small amount of time that it takes in deciding to drive drunk can change your life forever. A conviction can change someones relationship with friends and family. It will also affect ones ability to find gainful employment. Being charged with impaired driving is a life altering situation and can change a person's life forever.




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