Canada with DUI

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Can You Travel to Canada with a DUII?

In Oregon, intoxicated driving is not called a DUI or DWI; it is referred to as DUII. The state uses the acronym DUII, which stands for driving under the influence of intoxicants, to make it clear that alcohol is not the only intoxicant that can impair driving. It is illegal to operate a motor vehicle when you are on any drug that "could affect a person's brain, nervous system, or muscles as to impair." This does not just include drugs such as alcohol and marijuana, it also includes legal drugs and prescription medication as well.

Anyone with a misdemeanor DUII on their criminal record may not be allowed to enter Canada unless they have received official permission from the appropriate authorities to do so. Similar to a standard DUI, the Canadian equivalent of a DUII can be an indictable offense meaning any DUII arrest or conviction can render a person inadmissible to Canada due to criminality. A DUII offender can obtain permission to cross the Canadian border by applying for a Temporary Resident Permit or Criminal Rehabilitation. A Temporary Resident Permit or TRP can allow an individual to enter the country multiple times for as long as three years, but requires the person to have a valid reason for travel such as business. Criminal Rehabilitation can enable an American to overcome their criminal inadmissibility permanently, and can be used for all types of travel including leisure. In order to be eligible to apply for Canada Rehabilitation, however, five years must have passed since completion of the full DUII sentence. Without a TRP or Rehabilitation, any person with a past DUII conviction could be refused admittance by Canada's border agents.

Interested in traveling to Canada with an Oregon DUII on your criminal record? Phone our team now for a free consultation.

DUII Oregon Penalties

An Oregon DUII violation is covered in Oregon Revised Statutes (ORS) 813.010 - Driving under the influence of intoxicants. A first offense DUII in Oregon can result in a fine of $1000 to $2000, a one year license suspension, and 48 hours to one year imprisonment. A second offense DUII can result in a $2000 to $10,000 penalty, a three year driver's license suspension, and up to 12 months in jail. A third DUII offense is punishable by up to five years behind bars, a fine as large as $10k, and a permanent suspension of the person's driver license. People who have been convicted of DUII at least two times prior in the previous ten years can also be charged with a felony DUII offense.

Oregon also utilizes enhanced penalties for people driving under the influence of intoxicants (DUII) with a child in the car, or with a blood alcohol concentration in excess of 0.15%. When it comes to administrative penalties, reinstatement of license after a DUII frequently requires attendance at an alcohol or substance abuse awareness program. DUIIs also often result in an individual needing to install an Ignition Interlock Device (IID) in their car in order to begin driving again. Oregon has a zero tolerance law for underage drivers, meaning anyone under 21 can be charged with drunk driving if they have a blood alcohol content (BAC) above 0.00%. Commercial drivers in the state can be charged with drinking and driving if they have a BAC greater than 0.04. Under Oregon's implied consent laws, refusal of breathalyzer can result in a one year to three year license suspension as well as a fine of $500 to $1000.

DUII Diversion

If a US citizen with no criminal history is charged with DUII in Oregon, they may have the option of entering a diversion program. There is no assumption of innocence when dealing with Canada's border patrol, so while enrolled in diversion an American with a Oregon DUII charge may get refused admittance. Upon completing diversion, however, it may be possible to equate the DUII to a non-conviction under Canadian law although a qualified lawyer should be consulted before traveling.

DUII Testing

Oregon uses a variety of tests to determine if a person is driving under the influence of intoxicants. These include breath tests, chemical tests, urine tests, and blood tests. A urine test is very accurate at detecting the presence of controlled substances and inhaled substances in the body. The breath test or breathalyzer is the most common DUII test and anyone who refuses one can be charged. Refusing to take a urine test or blood test can also lead to charges as well as a license suspension.

Does a DUII Require "Driving"?

Although the name contains the word "driving", the underlying action required to trigger a DUII is actually "operating a motor vehicle," not driving one. A person can be charged with a DUII for simply having actual physical control of a motor vehicle while drunk, such as sleeping in the front seat after a night of heavy partying. For this reason, many jurisdictions use terms such as operating while intoxicated (OWI) to better reflect the nature of the offense.

If you were charged with intoxicated driving in Portland, Salem, Eugene, Gresham, Hillsboro, Beaverton, Bend, Midford, Springfield, Corvallis, or any other location in the state of Oregon, and you are interested in visiting Canada, contact our legal team today.

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