DUI sentencing changes will impact current & future applicants, as well as PRs

[KBH]

Just a heads up for everyone. DUI sentencing in Canada is being changed to a maximum of 10 years, meaning it is moving into the category of a "serious criminal offense" and CANNOT be automatically deemed rehabilitated after 10 years have past.

It also means, surprisingly, that permanent residents could be deported if they are charged with one DUI. Be safe!

Article here:

https://www.cicnews.com/2018/06/canada-stiffens-sentences-for-drunk-driving-raising-new-immigration-concerns-0610796.html?site=fb&cat=org#gs.3UNZpJg

 

[scylla]

Just a heads up for everyone. DUI sentencing in Canada is being changed to a maximum of 10 years, meaning it is moving into the category of a "serious criminal offense" and CANNOT be automatically deemed rehabilitated after 10 years have past.

It also means, surprisingly, that permanent residents could be deported if they are charged with one DUI. Be safe!

Article here:

https://www.cicnews.com/2018/06/canada-stiffens-sentences-for-drunk-driving-raising-new-immigration-concerns-0610796.html?site=fb&cat=org#gs.3UNZpJg

For whatever reason, they don't seem to be treated as deemed rehabilitation these days anyway. Over the last year, we've seen quite a number of cases here where applicants have been pushed through the rehab process even though the 10 year rehabilitation period had already passed (this wasn't just for DUIs but for other crimes as well that fall into the 10 year rehabilitation bucket). Not sure why that is...

 

[Mr Blue]

Hello everyone
I am PR and I got charged with DUI. I was chilling in my car, not driving. My criminal lawyer got me a plea deal of 1 year driving prohibition and $1000 fine for first time offence. It is still going to be a criminal record.

Should I accept the plea deal?

Will I get deported?

 

[Amiah_world]

I don’t think this calls for deportation since you’re already a PR, if you weren’t and was in the process of filing for it then it’ll impose a problem there. You’re definitely getting it on you’re record, youre going to need to be careful and whatever you do don’t ever get in any more legal troubles they’ll come tumbling down on you at once and you’ll find yourself in a lot of legal battles & spending thousands of dollars.

 

[scylla]

Hello everyone
I am PR and I got charged with DUI. I was chilling in my car, not driving. My criminal lawyer got me a plea deal of 1 year driving prohibition and $1000 fine for first time offence. It is still going to be a criminal record.

Should I accept the plea deal?

Will I get deported?

Talk to an immigration lawyer.

If this is resulting in a criminal record and that criminal record is for a DUI, then it could result in a loss of your PR status.

 

[Copingwithlife]

I don’t think this calls for deportation since you’re already a PR, if you weren’t and was in the process of filing for it then it’ll impose a problem there. You’re definitely getting it on you’re record, youre going to need to be careful and whatever you do don’t ever get in any more legal troubles they’ll come tumbling down on you at once and you’ll find yourself in a lot of legal battles & spending thousands of dollars.

Being PR is not the magic ticket when it comes to having a DUI

 

[scylla]

I don’t think this calls for deportation since you’re already a PR, if you weren’t and was in the process of filing for it then it’ll impose a problem there. You’re definitely getting it on you’re record, youre going to need to be careful and whatever you do don’t ever get in any more legal troubles they’ll come tumbling down on you at once and you’ll find yourself in a lot of legal battles & spending thousands of dollars.

Research the changes that came about in 2018 and are linked in the first post in this discussion topic. DUIs do lead to loss of PR status and removal from Canada.

 

[Amiah_world]

Being PR is not the magic ticket when it comes to having a DUI

Research the changes that came about in 2018 and are linked in the first post in this discussion topic. DUIs do lead to loss of PR status and removal from Canada.

Yes you’re correct, I had been totally misinformed on this one. Thanks for the correction.

 

[YVR123]

Hello everyone
I am PR and I got charged with DUI. I was chilling in my car, not driving. My criminal lawyer got me a plea deal of 1 year driving prohibition and $1000 fine for first time offence. It is still going to be a criminal record.

Should I accept the plea deal?

Will I get deported?

Did you mention to your criminal lawyer that you could lost your PR status if you plea guilty? He/she needs to know that implication and work something else out.

 

[Mr Blue]

My lawyer is saying that happens when you get jail sentence for more than 6 months. So, you don’t need to worry.

Did you mention to your criminal lawyer that you could lost your PR status if you plea guilty? He/she needs to know that implication and work something else out.

 

[Mr Blue]

then I read this on justanswers.com


Customer


I am in canada now, i am an Indian national.


This is my first offence but one af the lawyer that I consulted with said that dui is criminal offence and it i will be deported. Please provide me what are the chances that i will have incase i get conviced


Criminal Lawyer: Lawyer3786


That isn't entirely correct. Yes - DUl is a criminal offenceNo - you won't be deported The first time conviction for DUl is a Fine. You will only be deported if you are sentenced to jail (for 6 months or more). You will most likely get a fine in this situation - you don't have to worry about being deported

 

[scylla]

then I read this on justanswers.com


Customer


I am in canada now, i am an Indian national.


This is my first offence but one af the lawyer that I consulted with said that dui is criminal offence and it i will be deported. Please provide me what are the chances that i will have incase i get conviced


Criminal Lawyer: Lawyer3786


That isn't entirely correct. Yes - DUl is a criminal offenceNo - you won't be deported The first time conviction for DUl is a Fine. You will only be deported if you are sentenced to jail (for 6 months or more). You will most likely get a fine in this situation - you don't have to worry about being deported

This is wrong information

 

[Mr Blue]

I found this online and the same thing my criminal lawyer also said. I think I need to look for immigration lawyer or take this to trial to get a better deal. (I am just afraid that if I take this to trial and if judge sentences something harsh)

my whole record is clean and this is my first offence.

 

[Mr Blue]

Hello guys I contacted another lawyer and he says we should take this to trial, do not plead guilty.

Trial should take another 6months - 1 year. In the meantime prosecutor might offer some deal, if not we need to go to the trial.

Since I don’t have a lot in the case. It will get sorted in 1 trial or 2.

I am worried if I take this to trial and found guilty, is it possible that judge might give me some hard punishment. My whole record is clean and This is my first DUI and I was only sitting in the car.

 

[armoured]

Trial should take another 6months - 1 year. In the meantime prosecutor might offer some deal, if not we need to go to the trial.

Since I don’t have a lot in the case. It will get sorted in 1 trial or 2.

I am worried if I take this to trial and found guilty, is it possible that judge might give me some hard punishment.

Obviously if your goal is to retain your PR status, your lawyer needs to know which type of plea you can accept, i.e. that will not meet the test of 'criminality' the PR laws set. (Which is not an easy thing for non-lawyers to understand, in my opinion - and even some lawyers)

The risk obviously is that a trial would lead to worse punishment. No-one can know. Plus a trial can be expensive.