Entering Canada with DUII
Oregon has overhauled its definition of a DUI and now uses the DUII acronym. DUII stands for Driving Under the Influence of Intoxicants. A DUII charge specifies that all forms of impairment are equally as illegal. Basically, alcohol, controlled substances, or even prescription medication and over the counter drugs can result in impairment. Despite over the counter drugs being legal to use, a DUII offender can still be charged for not using them responsibly and choosing to drive under their influence.
A DUII is treated as an indictable offense under Canadian Law. As such, having a DUII arrest or conviction on record will make you criminally inadmissible to Canada and could result in denial of entry at the border or port of entry. You will need to apply for special permission to enter Canada, either through a Temporary Resident Permit (TRP) or Criminal Rehabilitation application. If you are traveling to Canada soon, you should consider applying for a TRP. The processing times are fairly quick and it will allow you to enter Canada for a limited period of time, as long as you have a valid reason. However, if you are looking for a more permanent way to overcome inadmissibility, the longer to process Criminal Rehabilitation application will permanently remove your criminal inadmissibility if successful.
Contact our team of experienced Canadian immigration lawyers and consultants today to explore your options for entering Canada.
Getting a DUII in Oregon
DUII penalties are determined according to the number of offenses on record. The general range of penalties can be found below:
1st Offense DUII
Up to 1 year driver's license suspension
Fines from $1000 to $2000
From 48 hours to 12 months imprisonment
2nd Offense DUII
Up to 3 years driver's license suspension
Fines from $2000 to $10000
Up to 12 months imprisonment
3rd Offense DUII
Permanent driver's license suspension
Fines up to $10000
Up to 5 years imprisonment
It is important to note that if you have been convicted of a DUII 3 times within the span of 10 years, you can be charged with a felony offense.
Other DUII Penalties in Oregon
Like many other states, penalties become more severe in Oregon when convicted of a DUII with a child in the car or with a blood alcohol concentration (BAC) of .15% or higher. Oregon also has a zero tolerance law for drivers under the age of 21. Any underage driver can be charged if their BAC is tested at anything above 0%. For commercially licensed drivers (truck drivers, taxi drivers, bus drivers, etc.), a BAC of .04% or higher will result in a DUII charge.
DUII Testing
Due to the unique nature of the DUII charge and the fact that it applies to any type of intoxicant, Oregon uses a gamut of tests to ensure that offenders are actually intoxicated. This can include breathalyzer tests, blood tests, urine tests, and chemical tests. Like many other states, you can be charged for refusing to take one of these tests upon arrest.
If you are planning to travel to Canada with a DUII, contact us today for a consultation. Our team of experts (Lawyers and consultants) can help determine the best steps to take in overcoming your inadmissibility.