Can You Enter Canada with a DUID?
Driving under the influence of drugs (DUID) is prohibited across the United
States by the same statutes that cover alcohol-related driving infractions.
The penalties for driving on drugs are the same as for drunk driving, and since
most DUI-drug laws do not specify a minimum content of drugs in the driver's
blood you can be arrested for "drugged driving" if you are even slightly
intoxicated. Criminal law generally defines a driver to be under the influence
of drugs if they are "substantially incapable, either physically or mentally,
to exercise sufficient physical control, clear judgment, or due care when
operating a motor vehicle." For the purposes of Canadian immigration, any foreign national
charged with DUID may be criminally inadmissible to Canada and denied entry
without special permission. The presumption of innocence does not apply to international travel, and consequently crossing the Canadian border may not be permitted as soon as a person is arrested for DUID even though
they have not yet been convicted of the offense. Criminal inadmissibility due to driving while on drugs can also impede eligibility across
all of Canada's immigration programs including Express Entry, which means that the inadmissibility issue must be properly overcome before a Canadian work permit or study permit can be attained.
Americans who are inadmissible to Canada because they have been charged with DUID or driving under the influence of drugs
need Canadian Criminal Rehabilitation or a Temporary Resident Permit in order
to travel to the country. Criminal Rehabilitation is a permanent solution enabling
an individual to overcome their criminal inadmissibility forever but takes
upwards of 1 year to receive and is only available to people who finished their
full sentence at least five years prior. A Canada Temporary Resident Permit can
be obtained rapidly, but is only a short-term solution allowing a person to
enter and exit Canada with a DUID for up to three years. If the only
conviction you have on your criminal record is a single misdemeanor DUID, you
may be automatically be deemed rehabilitated by the passage of time ten years after
completion of your full sentence including probation and payment of all fines. At this point, even without a Canada TRP or
Criminal Rehabilitation you can be permitted to visit Canada.
Interested in entering Canada with a DUID conviction? Phone us today for a
free extensive consultation.
What Drugs Can Lead to a DUID?
Any drug capable of making a person "substantially impaired" (in other words,
pretty much any drug whatsoever) can support a DUID charge, regardless of
whether it is an illegal drug or a validly prescribed one. The most common
drugs that form the basis of a driving while on drugs charge are:
- Other prescription drugs for pain
Which States Have a DUI Drugs Law?
15 American states have enacted "zero tolerance" laws for DUID. Arizona,
Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Michigan, Minnesota, North
Carolina, Rhode Island, South Dakota, Utah, Virginia, and Wisconsin have all
legally sanctioned drivers from operating a motor vehicle with even the
slightest detectable level of a controlled substance or its metabolites in
a person's bodily fluids. Four other states, Nevada, Ohio, Pennsylvania, and
Washington, enforce per se levels for THC and its metabolites. Colorado,
Washington State and Montana have set an intoxication threshold of 5 parts per billion of THC in the blood.
Colorado DUID Penalties
A DUID conviction in Colorado can lead to ten days to one year incarceration. If
it is an offender's first offense and they complete a drug or alcohol evaluation
and treatment program as well as 48 to 96 hours of mandatory public service
they can often avoid any jail time. Fines for driving while intoxicated by drugs
range from $600 to $1000. There is also additional consequences regarding
your license to drive if you refuse a blood test.
Section 23152 of the California Vehicle Code is the state's DUI law, but most
people are only familiar with the "b" part which mandates that individuals cannot
operate a motor vehicle with a blood alcohol content (BAC) of .08 or
greater. Far fewer people are familiar with the "a" part of the law.
California Vehicle Code 23152(a) mandates that people not drive while impaired
by any drug or alcohol, and does not require an objective measurement. This
means that if the officer thinks you are intoxicated, you can be charged for
driving while high.
A "drugs DUI" is a misdemeanor in the state, but can be filed as a felony if
you have three or more prior intoxicated driving offenses or caused an
accident that leads to bodily harm. Consequences for a DUI-drugs in
California are the same as for drinking and driving, and can render a person
criminally inadmissible to Canada. California law defines "drugs" as any
substance that can affect a person's brain, muscles, or nervous system.
California law also defines driving while under the influence of drugs (DUID)
as operating a motor vehicle when impaired by drugs "to the point that an
individual can no longer drive like a sober person under similar
circumstances." Penalties for a typical DUID conviction in California include
three to five years of probation, a fine of around $1800, a driver's license
suspension, requirement that the offender attend a California DUI school, and
in some cases a short jail sentence depending on the person's prior record and
the circumstances of the case.
Now that some US states have legalized marijuana, law enforcement is increasingly
concerned about the number of young people driving while stoned. Research has
shown that more than two-thirds of drugs users in the USA have driven after smoking
cannabis. The Institute of Behaviour and Health estimates that drugged driving causes
20% of crashes in the United States, and published results from
a national survey indicating that driving on drugs was more common in the
country than driving while drunk. The California Office of Traffic Safety
stated in 2012 that 30% of all drivers killed in motor-vehicle crashes in the
state tested positive for drugs.
When a person is arrested for DUID, they will frequently be asked to submit to
a blood or urine test, but a positive result on such a test is not always
conclusive evidence that the driver was under the influence of a drug. Since a
drug such as weed (THC) will stay in a person's body for weeks, a blood test may detect
the drug in the blood of a sober person who had not smoked any marijuana in the
previous 24 hours. It is also possible that a Peace Officer noticed signs of
impairment that were in fact related to the driver being sick, injured, tired,
nervous, or having allergies. For example, a person can have poor balance due
to an injury, inner ear disorder, or even their footwear, and can have mydriasis or
dilated pupils because of nerves or excitement. Even chemical tests are not
always accurate due to improper handling of samples, drawing blood
incorrectly, and contaminated medical equipment.
In addition to urinalysis and blood testing, roadside sobriety checkpoints
operated by Police departments across the country are beginning to use saliva
tests to detect stoned drivers. The presence of cannabis can only be detected
in a person's saliva for 1 to 2 hours following ingestion, so if the Police detect any
marihuana in a driver's saliva, they know the person is very likely driving while high on weed. As
marijuana legalization and decriminalization spread across the
United States, many suspect the federal government will eventually push for all states to have a DUID law.
DUID does not stand for driving under the influence of illegal drugs, as even
prescription medication and over-the-counter drugs can impair a person enough
for them to be charged if operating a motor vehicle. Similar to alcohol
related impaired driving cases, there are a number of defense strategies
possible for individuals facing a DUI drugs charge. One of the most common is if the
Police officer that believed the accused was showing symptoms of drug
consumption is not a drug recognition expert (DRE), a DUI attorney may be
able to prevent him or her from testifying against the accused.
In addition to DUID, another less common driving while on drugs acronym is OWPD or operating with the presence of drugs. There is no set required amount of drugs to trigger an OWPD, and a person operating a vehicle with any amount of an intoxicating narcotic could face an OWPD criminal charge
as a result.
Drug Diversion and Expungement
Depending on the county and specific circumstances relating to the case, first time DUID offenders may be given the option to enroll in a drug diversion or deferment
program. This allows the offender to avoid a criminal record provided they meet all the requirements of the conditional discharge program which can include community service, drug rehab, addiction counseling, as well
as monetary fines. While participating in a drug diversion program, however, an individual can still be considered criminally inadmissible to Canada since they still do not have proof of a "favorable ruling" after their arrest. If a person gets their driving on drugs conviction expunged, he or she may be
eligible to travel to Canada once again without requiring special entrance permission.
If you have been arrested or convicted of DUID and wish to go to Canada, contact our team for a free evaluation.