Immigration consequences of impaired driving charges in Canada

Impaired driving charges are now classified as a “serious criminal offence” for which non-citizens of Canada can be deported and lose their status if convicted

In 2019 the laws related to immigration and those convicted of DUI/over 80/refusal/impaired driving offences changed dramatically. Prior to this immigrants convicted of impaired driving would generally be okay. IRCC now treats impaired driving convictions differently and will often strip the immigration status of immigrants convicted and deport them.

Canada’s new tough stance on immigrants who are found guilty of drinking and driving is consistent with decades of refusing land entry from the U.S. for those with impaired driving criminal records. The law now applies to all non-citizens regardless of whether the cross by land, air, or sea.

What sort of immigrants who are charged and convicted of impaired driving can be deported?

Potential loss of status and deportation applies to all immigrants charged with impaired driving in Canada. Whether the offender is a tourist, student, on a work permit, or a permanent resident being convicted of a serious criminal offence, such as any form of impaired driving, is grounds for deportation. Whether the accused is from India, China, the Philippines, England, the U.S.A., or anywhere else the law applies equally.

Once an immigrant is deported they would not be able to return to Canada unless they are granted a record suspension (pardon). In order to even apply for a record suspension the immigrant must wait five years from the completion of their sentence. For first time offenders this is usually a -minimum- of one year from their final court date. The record suspension process also can take years to complete and is not guaranteed. The entire process thus at a minimum would be 6 - 8 years from the date the accused was charged.

It is important to note that just because you have been charged with impaired driving does not mean you will ultimately be convicted. Some cases can be won at trial leading to a verdict of not guilty. In other cases your lawyer may be able to negotiate a deal with the Crown Attorney to have the charges reduced to something non-criminal or dropped completely which would remedy any problems with IRCC.

If you are charged with impaired driving (DUI, DWI, over 80, refuse breathalyser, drug impaired driving, etc.) and you are also in the immigration system it is extremely important that you consult a lawyer immediately because the consequences of conviction could be that you are deported and bnned from entering Canada in the future indefinitely.


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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.

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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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