Criminal Inadmissibility – Driving Under the Influence
With the legalization of Marijuana in Canada, the laws for Impaired Driving were adapted to encompass all the appearances of what “driving under the influence” means in Canada.
To begin with, let’s review the basics of what “impaired driving” means under the Criminal Code of Canada. Impaired Driving actually has two sections that can be charged separately:
“Impaired Driving” means that while the Blood-Alcohol Concentration (BAC) may be under the legal amount, your Driving has been notably impaired by the presence of alcohol or drugs.
“Over 80” means that your BAC is over the legal limit 80 milligrams per 100 millilitres of blood, and you are legally considered impaired.
The new laws have now changed to include the presence of either drugs or a combination of alcohol and drugs in the blood concentration. Namely
between 2 and 5 nanograms of THC per millilitre of blood,
over 5 nanograms of THC per millilitre of blood, and;
any detectable trace of other illicit drugs in your system.
Charges involving blood concentrations between 2 and 5 nanograms of THC will be considered lesser, though they will still fall within the ‘Serious Criminality’ scope. All of the concentrations listed above must fall within 2 hours of driving.
For more information on sentencing and blood concentration levels, visit the Government of Canada website.
Up until December 2018, these charges were considered to be a “hybrid,” meaning that the Crown (otherwise known as the “prosecutor”) can choose whether to charge with an “indictment” or a “summary,” and the maximum punishment possible was 5 years in prison (please see our blog post about Criminality and Serious Criminality for more details, click here).
Under the old law, this type of charge fell under Criminality, and applications for criminal rehabilitation were subject to a $200 CAD processing fee. With the enactment of the new law, the maximum punishment is now 10 years in prison, and this puts Impaired Driving under Serious Criminality according to the IRCC, and an application fee of $1000 CAD is imposed.
If you are currently a Permanent Resident or foreign national living in Canada, this may apply to you as well. Under the Immigration and Refugee Protection Act, Permanent Residence of Canada can lose their status and be deported to their country of origin or citizenship for “serious criminality.” While this is not an automatic process, for those living in Canada already, the consequences could be much larger than simply paying a fine!
Remember to always find a safe way home if you plan on drinking!
FREQUENTLY ASKED QUESTIONS:
“I was sentenced before the change in the law – do I have to pay the $1000?”: No, the IRCC has stated that the applications will be judged based on the penalties of the law at the time of the offence. Your charge prior to 2018 will be considered “Criminality,” and an application fee of $200 CAD will apply.
“I was only given a community sentence for my drunk-driving charge. Am I still inadmissible?”: Yes, the IRCC will determine your admissibility on the equivalency of the charge in Canada, not what your sentence was in your country/state of residence.
“My BAC was under 80mg, but there was 3ng of THC in my system. Does that mean my charges are only summary?”: No, the combination of alcohol and cannabis in your system is mandated differently than if it was just one or the other. If both are found, the legal BAC limit is dropped to 50mg, and the legal level of THC is under 2.5ng.
“My drunk-driving charge happened at least 30 years ago. Am I really still inadmissible?”: Yes, any and all charges that appear on your record can constitute inadmissibility.
Looking for more information on how to overcome criminal inadmissibility? Read more about Temporary Resident Permits or Criminal Rehabilitation.
