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How to Get DUI Charges Dropped in Canada?

How to Get DUI Charges Dropped in Canada

Convicted with DUI? Well, they are some really serious charges in Canada, and one can land up with a criminal history and suspensions of their driving license.

Hence, the ideal is to get these charges dropped before it is too late. This ultimately raises up the next question: how to get DUI charges dropped in Canada?

In the following article, we will give the answer to these questions. But, before that, let’s develop some basic understanding of these charges and how they can affect your life if not dropped:

What are DUI Charges in Canada?

DUI is short for Driving Under the Influence. So, if you hear anyone being convicted of these charges, it will indicate that s/he was driving their vehicle in a state of intoxication. And by law, this is a criminal offence in the country.

In fact, the Canadian DUI law is extremely strict when it comes to handling these cases. And for violation of these laws, there are several punishments and penalties that come with the offence.

For example, your driving license can get suspended, travel restrictions, imprisonment, loss of income, hefty fines, or in the worse case, a criminal record can get automatically added up under your name.

How Do DUI Charges Affect the Criminal Record in Canada?

In most of the Canadian Provinces, DUI is regarded as a serious criminal offence. For first-time convictions with DUI charges in Canada, it falls under a misdemeanor. Subsequent offenses lead to more severe consequences, such as longer license suspensions, possible imprisonment, and mandatory use of an ignition interlock device.

Speaking of which, if you really get convicted with a third one, a criminal record will get added up under your name. And anywhere you go, it will go with you like a shadow.

From putting a restriction on your civil rights and to losing child custody, not getting a job–the consequences are indeed severe and change the entire life of a person. Therefore, think of the punishments at least once before committing this act that too in a repeated mode.

How Do DUI Charges Affect the Driving License?

Depending on the laws of your province, the DUI charges can impact your driver’s license, ultimately resulting in the suspension of the license. However, the good news is it is completely returnable. You can obtain the license after some time, following some rules and regulations set by the authority.

However, the Department of Motor Vehicles (DMV) will still retain the record, and in case you are searching for a driver’s job, things can get a bit messy. And thus, you can get a hard time finding your desired job.

And not to mention, the insurance premiums of the auto insurance. The moment they hear the news of you getting a DUI conviction, they just increase the rates. Lastly, you can always get questioned by the police officers for any activity, related to your driving.

How Does a DUI Charge Affect Car Insurance in Canada?

You have already understood how DUI convictions can get a criminal record and suspension of the driving license.

If not more, comes the auto insurance to the roleplay. In fact, most insurance companies will get your name remembered from the client’s listings. And the only reason behind doing this is why they should serve anyone who has a suspended driving license or a criminal record. Hence, the least they can do for their benefit is to remove your name.

Wait, there is more to it!

As when you will try to renew the policy, you will find yourself overloaded with problems, one issue coming after another, with a huge rise in the rates being the number one!

The amount will differ from person to person, depending on several variables. Such as, if it is your first-time offence, you can go for a lower raise. Plus, if you have a clear driving record history, you can also benefit from it.

Every province has its own laws to follow, with some additional requirements that you need to comply with while renewing the insurance policy.

Currently, there is three liability coverage that you require to follow. They are as follows:

  • Bodily injury liability per person: You must cover all the medical costs for the wounds, caused due to your negligence while driving.
  • Bodily injury liability per incident: Offers all kinds of coverage for the accident-related medical expenses.
  • Property dame liability: Provides protection for the property damages incurred due to the accident.

How Long Does a DUI Stay on Your Driving Record?

A DUI conviction can remain on your record for as long as 80 years, or you can say forever, based on the charges brought up against you. Well, that’s not all!

As it can snatch away a lot of civil rights, starting from losing your dream job to ending up losing the custody of your child–they can play quite a big role in one’s life. Hence, the best is to get the charges dropped before all these things begin affecting your life.

How to Get DUI Charges Dropped in Canada?

In general, DUI charges cannot be easily dropped in Canada. However, they might be dropped owing to the following two main reasons:

  • The defendant’s lawyer discovered a major flaw in the Crown case, ultimately making it unfit to go ahead with prosecution.
  • The crown has given its consent to negotiate a petition for the provincial careless driving charge rather than a criminal DUI. It is the most common form to deal with DUI cases in terms of dropping them.

Careless driving charges come with lots of penalties and punishments. However, it isn’t a criminal offence but falls under provincial regulatory convictions, such as speed tickets.

Meaning, with this kind of conviction, you can successfully avoid getting a criminal record. However, that doesn’t mean in any way you will get saved from facing the other punishments.

Instead, as like the DUI conviction, you can get a driving license suspension for at least a year or more, depending on the case. There might be some exceptions when it comes to allowing the drive to work, depending on the rulings of the province.

Can the Crown Agree to Drop the DUI Charges in Exchange for Careless Driving?

In short, Yes. They can certainly do that.

However, there are a number of reasons owing to which the crown may agree to drop the DUI charges in exchange for careless driving.

Some of the reasons include the following:

  • They may have legal doubts regarding the accuracy level of the blood alcohol content (BAC) test. Such as if the reading is extremely close to the legal limit, (BAC 0.8 to .11).
  • If the defendant’s lawyer can convince the crown that giving the DUI charges is just not in the welfare of the public interest. And doing so has a higher possibility that he might lose his only source of income, especially when he is the only breadwinner of the family.

Besides, for any kind of confusion with the offender’s level of impairment, it is suggested not to prosecute the case in any way.

Closing Notes

That’s all from the discussion regarding “How to get DUI charges dropped in Canada?”

DUI charges are serious. If not dropped, they can stay with you forever, affecting your life in employment, civil rights, or immigration; and the list goes on.

Hence, if you face any kind of similar issues, make sure to take legal help from an experienced lawyer as soon as possible. From guiding the right direction to dropping the charges–they will do everything to lessen your stress and hassle.

FAQs

Can DUI Charges be Dropped in Canada?

Yes, they can be dropped, but only if the Crown gives their consent to drop the charges in exchange for a guilty petition to careless driving.

How Do I Get a DUI Off My Record in Canada?

To remove the criminal record of your DUI, you must appeal to the Parole Board of Canada for the suspension of the record. The application includes $50 as the processing fee, along with a completed application form and varied supporting materials as asked by the authority.

How Long Does It Take for a DUI to Get Off Your Record in Canada?

In Canada, a DUI conviction can stay as long as 80 years or till your death, if not removed. So, make sure to get the charges dropped or pardoned. Otherwise, it will start impacting your lives.

Does a DUI Show on a Background Check in Canada?

Yes, indeed. So, if you are charged with DUI, a single background check will show everything with every detail associated.