Dui And Crossing New Brunswick Borders

Can I enter New Brunswick with a DUI?

If you have a DUI, you may be wondering if you can still enter New Brunswick, Canada. The answer is yes, but there are several conditions you must meet. Firstly, you will need to obtain an interlock device for your vehicle, which prevents you from starting the car if it detects alcohol on your breath. This device must be installed for a minimum of six months. Secondly, you will need to complete a drug and alcohol rehabilitation program approved by the province. Thirdly, you must submit to regular breathalyzer tests conducted by the police to maintain your driving privileges. These conditions will allow you to enter New Brunswick with a DUI, but your driving privileges will be restricted.

In New Brunswick, impaired driving laws include immediate suspensions for those caught with a blood alcohol concentration (BAC) between 0.05 and 0.08, and a 30-day suspension for a BAC of 0.08 or higher, with criminal charges. Police officers can also seize vehicles and suspend licenses if drivers show signs of drug impairment. The province has strict laws, giving officers the authority to issue administrative license suspensions and even arrest individuals with a BAC above 0.05. While administrative suspensions are not criminal charges, violating them is a criminal offence.

It is important to note that a DUI conviction may impact your ability to enter Canada as a visitor or apply for Canadian immigration programs. Americans with multiple DUI convictions are generally not permitted to enter Canada, and a single DUI conviction can affect your travel plans. If you intend to stay in Canada for more than 24 hours, you must obtain a Temporary Resident Permit (TRP) from the Canadian Border Services Agency (CBSA). Consulting an immigration lawyer is advisable to understand your options and ensure compliance with the necessary requirements.

New Brunswick DUI laws

In New Brunswick, the legal blood alcohol concentration (BAC) limit for driving is between 0.05 and 0.08. If you are caught driving with a BAC within this range, you will face a seven-day licence suspension for a first offence within five years. If your BAC is above 0.08, your licence will be immediately suspended for 30 days, and you will also face criminal charges.

If you are a driver under the age of 21, you must not have any alcohol in your bloodstream while driving. If you are under 21 and blow above 0.00, you will face the following consequences:

• Immediate one-year licence suspension
• Mandatory enrolment in the Auto Control driver's education program
• Restart your Graduated Licence Program from the beginning

If you are caught driving with a BAC between 0.05 and 0.08, your licence can be immediately suspended for seven days. If you are caught with a BAC of 0.08 or more, you will receive a 90-day administrative licence suspension and face criminal charges.

If you are convicted in court of driving while impaired, the following penalties will apply:

• First offence: one-year driving prohibition, minimum $1,150 fine, mandatory enrolment in the Auto Control driver's education program
• Second offence: three-year driving prohibition, minimum 30 days imprisonment, mandatory enrolment in the Auto Control Plus driver's education program
• Third or greater offence: five-year driving prohibition, minimum 90 days imprisonment, mandatory enrolment in the Auto Control Plus driver's education program

Jail time is rare for first offenders, but judges have the authority to impose a jail sentence if there are aggravating factors, such as being uncooperative with law officers, driving unsafely, or having a very high BAC. For repeat offenders, the minimum jail sentence is 30 days for a second offence and 90 days for a third or subsequent offence.

If you are convicted of impaired driving, you must complete an educational course before your licence can be reinstated. First offenders must enrol in the Auto Control program, which includes an alcohol risk assessment and a two-day course covering the physical and social harms of drinking and driving. The course costs $235, plus a $62 fee to reactivate your licence.

Repeat offenders must undergo the Auto Control Plus program, which focuses on behaviour modification to control alcohol and drug dependency. Family members are encouraged to participate, and the course includes a "victim panel" where participants meet people affected by impaired drivers. The course lasts one week and costs $480, plus an additional $62 to reinstate your licence.

In addition to fines and fees for the course, the minimum fine for an impaired driving conviction is $1,000, and you will likely have to pay a higher insurance premium.

While New Brunswick does not require ignition interlock devices for convicted impaired drivers, offenders can shorten their driving probation by voluntarily enrolling in the program once the following conditions have been met:

• The court-ordered minimum mandatory prohibition period has passed
• All fines have been paid
• The Auto Control driver's education program has been completed

The ignition interlock device requires drivers to provide an alcohol-free breath sample before starting their vehicle. Once the vehicle is running, the driver will be expected to provide additional breath samples intermittently. If a sample is not provided or the BAC is over the limit, the device will register the event, warn the driver, and trigger an alarm.

Under the program, you will be issued a restricted driver's licence and will only be permitted to operate vehicles equipped with the device. You will also be required to take a drinking driver education course. You must pay for the rental and installation of the interlock device, which costs $150 for installation, $50 for deinstallation, and a monthly $105 monitoring fee.

Entering Canada with a DUI

If you have been convicted of driving under the influence of drugs or alcohol in the United States, you may be deemed criminally inadmissible to Canada and denied entry. Even a single drunken driving conviction on your record may result in the Canadian government denying you entry into the country. This is because a DUI is considered a serious crime in Canada, and the Canadian border now has full access to the FBI's criminal database. Consequently, a traveller can be instantly flagged for a DUI as soon as they present their US passport at border security.

Temporary Resident Permit (TRP)

If you wish to enter Canada with a DUI on your record, you will need to apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). A TRP is a temporary solution that allows a person with a DUI to enter or stay in Canada for a specific period of time, provided they have a valid reason for their visit. It is best to apply for a TRP well in advance of your intended travel date, as it can take a while to obtain one.

Criminal Rehabilitation (CR)

Criminal Rehabilitation is a permanent solution, whereby a person petitions Canadian immigration authorities to forgive their prior DUI conviction. To be eligible to apply for Criminal Rehabilitation, five years must have passed since the completion of your sentence, including payment of any fines, community service, classes, probation, and any other court-imposed conditions.

Deemed Rehabilitation

If your DUI occurred before December 18, 2018, when the law changed, and more than ten years have passed since the completion of your sentence, it may be possible to claim "grandfathered" Deemed Rehabilitation. However, it is imperative to consult with a Canadian immigration lawyer to determine your eligibility.

Other Considerations

Even if you do not intend to drive while in Canada, a DUI conviction can still render you inadmissible. Additionally, flying into Canada with a DUI can be problematic even if you do not plan to rent a car or operate a motor vehicle during your trip. It is also important to note that attempting to mislead immigration officials by failing to disclose your DUI can lead to serious consequences, such as being banned from crossing the border for several years.

Success Rates and Chances of Entering

No immigration lawyer should ever speculate on the exact chances of successfully entering Canada with a DUI conviction. Each case is unique, and past results are not necessarily indicative of future outcomes. When attempting to travel to Canada with a DUI conviction, factors such as an incomplete application form, lack of supporting documents, and the officer's personal opinion can all impact the final outcome.

In conclusion, entering Canada with a DUI on your record can be a complex and challenging process. It is best to consult with an experienced Canadian immigration lawyer to determine your options and increase your chances of a successful application.

US entry with a DUI

If you have a DUI conviction, you may be wondering if you can enter the US. The answer is yes, a single DUI conviction is not grounds for denying entry into the United States. However, it is important to note that having a DUI on your record can impact your ability to travel and may cause issues when crossing national borders. Working with a qualified criminal defence lawyer can help reduce the impact of a DUI on your travel rights.

When it comes to entering Canada, the rules are different. Americans with multiple DUI convictions are generally not permitted to enter Canada, even if their convictions are all misdemeanours and they do not have a felony record. A single DUI conviction may also be grounds for denying entry into Canada, as it is considered a serious criminal offence. If you are planning to travel to Canada, it is important to check the current border restrictions and requirements, as well as the requirements for entry from the US.

In New Brunswick, the legal blood alcohol limit for driving is 0.08%. If you are caught driving with a blood alcohol concentration (BAC) between 0.05% and 0.08%, you will face an immediate seven-day licence suspension for a first offence. A BAC of 0.08% or above will result in a 30-day licence suspension and criminal charges. These suspensions become part of your record and escalate with each offence. For example, a second offence within five years will result in a 15-day suspension, while three or more offences will result in a 30-day suspension, an increased licence reinstatement fee, and participation in a drinking driver education course.

If you are under 21 years old, the rules are even stricter. All motorists under 21 must maintain a 0.0% BAC while driving. If you are caught with a BAC between 0.05% and 0.08%, your licence will be immediately suspended for seven days, and you will have to restart your Graduated Licence Program. If your BAC is 0.08% or higher, you will receive a 90-day administrative licence suspension and face criminal charges.

In addition to licence suspensions, there are other consequences for impaired driving in New Brunswick. These include fines, enrolment in driver education programs, and the installation of an ignition interlock device, which prevents you from starting your vehicle if you are under the influence of alcohol. The consequences increase for repeat offenders and can include jail time.

DUI consequences

Driving under the influence (DUI) is the most common criminal offence in the United States. While DUI laws vary by state, the consequences are often severe and wide-ranging. Here are some of the common penalties and consequences of a DUI conviction:

• License suspension or revocation: In all states, a DUI conviction will result in the suspension or revocation of your driver's license for a certain period. The length of the suspension varies by state and the number of prior convictions. In New Brunswick, for example, a first offence results in a one-year driving prohibition, while a second offence leads to a three-year prohibition.
• Fines: All states have laws setting minimum and maximum fines for drunk driving. The fines can be enhanced by aggravating factors such as property damage, injury to others, or endangering a child. In New Brunswick, the minimum fine for a first offence is $1,150, while the minimum fine for a second offence is $3,500.
• Jail time: In many states, a first DUI offence is treated as a misdemeanour and may not result in a long jail sentence. However, multiple convictions or aggravating factors can lead to longer jail sentences. In New Brunswick, a first offence does not usually result in jail time, but a second offence carries a minimum sentence of 30 days, and a third offence carries a minimum of 90 days.
• Ignition interlock device: In some states, you may be required to install an ignition interlock device in your vehicle, which prevents the car from starting if your breath sample contains alcohol. In New Brunswick, this is not mandatory but can be voluntarily installed to reduce the driving prohibition period.
• Increased insurance rates: A DUI conviction will likely result in higher auto insurance rates as insurance companies consider you a "high-risk" driver. Your insurance rates may double or triple, and some insurers may even terminate your coverage.
• Community service: In some states, a DUI conviction may include mandatory community service as part of the sentence.
• Alcohol assessment and treatment: Many states require alcohol abuse treatment or education programs as part of the sentence for a DUI conviction. This may include alcohol risk assessments, counselling, and participation in drunk driving education programs.
• Background checks: A DUI conviction will appear on your criminal record and may be discovered during background checks for employment, housing, or college applications. This could hinder your job prospects and affect your ability to secure housing or financial aid for college.
• Employment impact: A DUI conviction may affect your current job due to court dates, jail time, and community service hours. It can also put your job at risk, especially if your position requires driving.
• Personal relationships: A DUI arrest or conviction can strain your relationships with friends and family members, who may be concerned about your wellbeing and drinking habits.

DUI and employment

A DUI conviction can negatively impact your career, especially if driving is a part of your job. However, the impact of a DUI on your employment depends on several factors, including the nature of your job, your relationship with your employer, and whether you are sentenced to jail.

If your job involves driving, a DUI conviction can put your employment at risk. This is especially true if you have a commercial driver's license (CDL). In the case of commercial drivers, a DUI conviction while on the job or in their personal vehicle can result in a driving ban in a professional capacity for a set period. As of 1999, DUI convictions for major violations committed in a commercial vehicle remain on a CDL record for 55 years.

Even if your job does not involve driving, a DUI conviction can still impact your career prospects. Employers may be hesitant to hire someone with a DUI, as they may be concerned about liability issues. Additionally, some companies have a zero-tolerance policy for employees with DUIs and will terminate their employment immediately.

However, it is important to note that not all employers will view a DUI as a deal-breaker. Much of it depends on the employer's view of DUIs and the specific circumstances of the case. For example, if the employee is a top performer and has a good relationship with the employer, they may be given a second chance.

Background Checks and DUI

Background checks are a common tool used by employers to screen potential employees. These checks can include criminal background checks and driving record checks, which may disclose DUI convictions. The presence of a DUI on a background check can be significant due to the nature of the offense, indicating risky behaviour.

In the United States, the Fair Credit Reporting Act (FCRA) governs background checks conducted by outside companies. The FCRA prohibits the reporting of criminal arrests after seven years, but criminal convictions, including DUIs, can be reported indefinitely. However, this reporting restriction only applies to jobs with a yearly salary of $75,000 or less.

Additionally, the Equal Employment Opportunity Commission (EEOC) provides guidance suggesting that employers should consider factors such as the nature of the offense, the job's requirements, and the candidate's remediation efforts when making hiring decisions.

Moving Forward After a DUI

If you have a DUI on your record, there are a few things you can do to improve your job prospects:

• Be upfront about your DUI and honest during the hiring process. Employers will appreciate your honesty, and it may increase your chances of being considered for the job.
• Explain what happened and why it won't happen again. Take responsibility for your actions and show that you have learned from your mistake.
• Highlight your other qualifications and strengths that make you a good fit for the job.
• Be patient and persistent in your job search. It may take some time to find an employer who is willing to give you a second chance.

Frequently asked questions