Immigration IRCC problems with DUI related charges in Canada

Since 2019 Canada’s impaired driving laws have been strengthened to increase potential penalties if the accused is ultimately found guilty. Since the penalties have increased the assessment of the case by the IRCC now often leads to deportation and being deemed “inadmissible to Canada” upon conviction.

Many of our clients are students and workers from India, China, Iran/Persia and throughout the world who have worked very hard and invested a lot financially and personally to come to Canada.

When they get charged with a DUI related offence it is particularly devastating for immigrants because they may be forced to leave the country and return back home.

Years of work and sacrifice can be wasted by one stupid mistake. Many of our immigrant clients are young adults who are supported by their family back home. They are usually university/college students or working professionals (IT, engineering, healthcare, real estate, business etc.). It would be particularly embarrassing and cause a lot of shame for their family if they were forced to return back home and abandon their life in Canada.

The person’s parents have often supported their child and wanted them to move to Canada despite the difficulties of being apart. If they find out that their child has been deported and can’t ever go back because they were caught drinking and driving this would be a very hard and difficult thing for them to accept.

While special exceptions are not made for immigrants who get charged with DUI or Failure/Refusal to provide a breath sample, the fact that they are facing a potentially more harsh punishment (deportation and IRCC inadmissibility) can sometimes be used by their lawyer to advocate that the criminal charges be dropped by the Crown Attorney.

These sorts of deals are often made in exchange for them pleading guilty to an HTA offence such as Careless Driving. Most of these international students and professionals are very hard working, productive, law abiding immigrants with the one exception of the impaired driving incident. Often it was the result of binge drinking and not a long term alcohol abuse problem. The charges are often their first offence and they are not necessarily alcoholics.

Impaired driving charges for immigrants can range from simply being pulled over by the police and charged to horrific accidents causing death. Every case is different but most tend to be the former rather than the latter. It may be possible for a lawyer to get the charges dropped, have them reduced to something not criminal (HTA), or win an acquittal at trial. None of these outcomes would result in the immigrant being deported or having their IRCC applications rejected.

If you are not a Canadian Citizen and have been charged with a DUI related offence (impaired, over 80, failure/refusal) call us immediately. The window of opportunity to respond to the charges properly diminishes over time so you should speak to a criminal lawyer immediately. Give us a call now for a free consultation if you have been criminally charged by the police so we can help you.


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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 Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an 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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