Canada has some of the strictest impaired driving laws in the world. A blood alcohol concentration (BAC) of 0.08% or higher is a criminal offence under the Criminal Code, and even a single conviction can have serious immigration consequences. Since 2018, impaired driving is classified as “serious criminality”, carrying penalties of up to 10 years, even for first-time offenders.
Permanent Residence Applicants
If you’re applying for permanent residence (PR), an impaired driving conviction at or above 0.08% BAC makes you inadmissible to Canada. Applications are typically refused, and you’re no longer eligible for “deemed rehabilitation” to overcome inadmissibility. You must wait at least five years after completing your sentence to apply for criminal rehabilitation, and approval isn’t guaranteed.
For current PR holders, a conviction, even abroad, can result in loss of status and deportation, with no right of appeal. Sponsored family members with such convictions may also be refused PR.
Temporary Residents and Refugee Claimants
Visitors, international students, and temporary foreign workers with impaired driving convictions are also inadmissible. Those already in Canada may lose their status and face removal. Refugee claimants convicted of impaired driving may be barred from hearings and lose protection options.
The only pathways to overcome inadmissibility are:
- Temporary Resident Permit (TRP): Allows temporary entry but is discretionary and not guaranteed.
- Criminal Rehabilitation: Available only five years after completing all sentences.
Additional Provincial BAC Rules
Provinces enforce lower administrative BAC limits (often 0.05%) that can lead to fines, license suspensions, or roadside prohibitions. While these aren’t criminal convictions, they can escalate to criminal charges if BAC is 0.08% or higher.
Key Takeaways
- A single impaired driving conviction can result in refused applications, deportation, and years of inadmissibility.
- Foreign convictions are treated the same as Canadian ones.
- Early legal advice is critical to avoid a criminal record and explore possible plea agreements that might reduce immigration risks.
- If you’re facing impaired driving charges, consult experienced immigration and criminal lawyers immediately to protect your status.
