What happens to bank employees and bank job applicants who get charged with impaired driving in Canada?

Most banks in Canada have policies that require their employees to disclose to HR if they get charged with any criminal offence (including DUI).

Bank employees are often required to disclose to HR the following Criminal Code (CC) DUI offences:

1. operation while impaired under CC s. 320.14(1)(a),


2. failure or refusal to provide a breath sample under CC s. 320.15(1), or


3. operation over 80 under CC s. 320.14(1)(b).

Most accused are charged with a combination of two of these offences. Banks not only have strict HR policies for their employees, they also have some of the strongest police background checks for job applicants and employees looking to advance up the corporate ladder.

When a potential bank employee or current employee gets charged with an impaired driving related offence in Canada they may be obligated through their bank’s HR policy to report it or it may be found out through employment background checks done by the bank.

Current and prior DUI charges are usually discovered via local police and third party employee background checks.

Banks rely on both third party employment background checks and the results of local criminal record checks (sometimes referred to as police clearances) conducted by the police themselves to find arrest records. Some third party employment background check companies also have access to the RCMP CPIC database. Our understanding is that if there is a match to a person’s name and date of birth (or close to it) and there is a conviction or outstanding/pending charge it may come back as not clear.

DUI charges impact bank employees at all levels. We represent clients who work for banks in both the branches and the towers.

Whether they are tellers, managers, financial advisors, mortgage consultants, investment bankers, or bank executives, we represent them all. Banks have the resources to investigate employees and potential job applicants to ensure they do not have a criminal record. It is almost guaranteed a DUI charge will show up. All charges should be defended by your own counsel from the start.

Just because someone gets charged with a DUI (given a court date normally on a Form 10 - Undertaking or Form 11 - Release Order) does not mean that they are guilty (this is up to the court). If you work for a bank, are applying for a promotion, plan on applying for a job at a bank, or are in school planning to do so in the future (BBA, MBA, etc.), being charged and found guilty of an impaired driving offence may lead to your application being denied or you losing your job. Banks do not want to be associated with someone who committed a criminal offence such as impaired driving. They see it as a liability.

DUIs look bad, especially to banks and other large corporate employers.

In the public eye drinking and driving is viewed as extremely irresponsible criminal behaviour that puts innocent people’s lives at risk. It is no longer considered a minor offence in Canada to drink and drive. Criminal records, jail time, and deportation for non-citizens for DUIs are sometimes mandatory.

A DUI is not a traffic ticket. It is a serious criminal offence. If you are charged the case result will have a permanent impact on your future. A conviction will show up on work background checks. DUIs can cause US Customs to deny you entry to travel to the USA. Non-citizens of Canada may also have their IRCC immigration status revoked, subsequent IRCC applications denied, or be deported if on a student visa, work permit, or PR.

Many Canadian banks also operate in the USA and want to ensure their employees do not have criminal records that make them inadmissible to cross the border. They want employees who can enter the US for business purposes (via an L1, TN or B1 visa).

We help bank employees charged with DUI offences in Ontario. Sometimes charges can be dropped, reduced down to HTA offences, or the accused is acquitted after a trial. Our lawyers pursue all options to avoid a conviction.

If someone works for a bank and gets charged with a DUI the bank will normally only take action if they are ultimately found guilty and convicted. Taking HR action against someone just for being accused could expose the bank to liability if they are later found to be innocent. All accused are supposed to be presumed innocent.

Bank employees hire us to defend them because they don't want to lose their job. Our lawyers do everything possible to try to get you off. If there are problems with the Crown's evidence we will find it. There may be Charter defences available to get evidence excluded. The Crown may not be able to prove their case at a trial beyond a reasonable doubt.

If you work for a bank, or want to in the future, the result of your DUI case is critically important. You should do everything possible right now (while you still can) to try to avoid being found guilty.

Even if you were drinking and driving there may be problems that prevent the Crown from proving you guilty beyond a reasonable doubt in court. Don't plead guilty without speaking to us first.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout all of Ontario, Canada.

Have a skilled criminal lawyer who focuses on defending DUI charges protect you and your future from the consequences of a criminal record.




Are you a lawyer? If you are defending a impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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