I am an Indian immigrant charged with DUI, over 80, or impaired drunk driving in Canada. Will I have to go back to India because of this?

It all depends on the outcome of your case. If your charges are dropped or you are found not guilty it will not cause any problems with IRCC (other than perhaps some more correspondence with them). If you are found guilty or convicted you absolutely can have your IRCC applications for a student, work permit, PR, citizen, etc. refused, be deemed inadmissible to Canada, and deported from the country.

Since the maximum punishment for a regular DUI in Canada is 10 years in prison it is a deportable offence. Even a first time offender can be deported. DUI includes all forms of impaired driving, over 80, and failure or refusal to provide a breath sample. Some accused may also be charged with additional criminal offences depending on what happened.

We have many clients from India and most are students, working professionals, and successful business owners.

They tend to come from hard working, concerned families who support them (whether here in Canada or in India). Anyone accused of an impaired driving offence is facing very serious consequences, but those who are not Canadian Citizens also may be deported and banned from Canada as a result of the crime.

The IRCC immigration related outcome will always depend on what ultimately happens in court. Some DUI charges can be dropped, reduced to minor non-criminal fines, or result in acquittals. All of these non-convictions would allow a person from India to proceed with the IRCC immigration process without any problems.

Many people, whether from Canada originally or immigrants, who get charged with impaired driving assume they have no way to win their case but this is not necessarily true. There are sometimes mistakes made that violate the person’s rights or with the police procedure that make it impossible for the accused to be found guilty.

It is the job of the accused’s lawyer to seek out and identify such defence opportunities if they exist. This could be the difference between them being deported and having their IRCC applications rejected or being able to move on with their lives in Canada.

Students or workers from India charged with DUI / impaired driving / over 80 / failure or refusal to provide a breath sample

Anyone who is not a Canadian Citizen who is charged with a first time impaired driving related offence is subject to going to jail for up to 10 years, a criminal record, driving prohibition, and being deemed inadmissible to Canada. If someone is deemed inadmissible to Canada by the Canada Border Services Agency or IRCC they can be deported and refused entry back in the future.

Given that many of the immigrants from India are young or relatively young students or workers, who are not Canadian Citizens, they are at risk of being sent back to India and banned from returning to Canada if deemed inadmissible by IRCC or the CBSA. A lot of these DUI charges result from binge drinking related incidents and perhaps a relatively low level of experience with alcohol and its effects.

The accused may have gone out to a party with some friends and drove home after drinking only to be pulled over by the police or get in a car accident.

They may be unaware of how strict Canada’s laws are with regard to drinking and driving. They also may be alone in Canada with few family or friends to advise, help and guide them. Most often they do have family back home however who would be very disappointed to learn that they were charged with a criminal offence let alone deported back to India because of it. The family back home has often invested a lot of time and money in their education and experience prior to them moving here.

When it comes to impaired driving offences (DUI, over 80 mg, refusal, etc), everyone should have a criminal defence lawyer handle their case from the beginning because there are many defences that people would not imagine even exist. A lot of DUIs may be totally beatable if the accused has a lawyer who can analyze the evidence in the case and successfully present weaknesses in it to the Crown Attorney or Judge.

Young immigrants from India (students and those on work permits) are particularly vulnerable to not knowing that such charges can often be won if properly handled through the court process.

Just because you or your friend/relative from India was charged with DUI does not mean the case is not winnable in court. Some cases are quite winnable or able to be dropped with no criminal record or IRCC related problems. Many accused assume otherwise and end up with a criminal record and a lot of legal problems unnecessarily when they could have had their charges beaten if properly represented by a lawyer from the start.

Our clients from India range from brand new students who just moved here for college/university and are alone and separated from their families to successful workers in professions such as IT, finance, healthcare, business, etc. Many of these successful people charged with DUI also have families and children to support. They do not want to lose everything they worked for because of a one time stupid mistake.

Whether someone is a student, on a work permit, or holds permanent residence (PR) they are all still subject to possible jail and deportation if convicted for drunk driving. Anyone who is not a Canadian Citizen can be deported.


Call us today.
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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