Being charged with impaired driving, driving over .08 or refusing to provide a sample of breath, all commonly known as DUI, can have significant impacts on many aspects of your life. When you are charged with a DUI, you will immediately lose your licence for 90 days followed by a 12-month period in which you are only permitted to drive if you enter the Ignition Interlock Program. If you are convicted of a DUI, you are facing significant fines, a driving prohibition and the possibility of jail time.
Criminal Record
If you are convicted of a DUI, you will receive a criminal record. Any time an employer or possible employer does a criminal background check on you, your DUI conviction will appear. This conviction will appear on your record for your entire life which can have significant impacts on your future employment prospects. The DUI will only appear on your criminal record if you are convicted. If you have been charged with a DUI and want to avoid a criminal record, you need to hire an experienced criminal defence lawyer.
Will a DUI Conviction Prevent You from Getting a Job?
Whether or not a DUI conviction will prevent you from getting a job depends heavily on the type of job and the employer. If the job requires you to drive, it is highly unlikely you will be hired if you aren’t able to operate a motor vehicle as a result of a driving suspension or prohibition. In addition, more and more employers are requiring background checks prior to employment. If it comes down to you and another prospective employee without a criminal record, chances are the clean record will get the job. If you are seeking employment with the government or in fields working in the vulnerable sector, you will most likely require a clean criminal record.
How Long Does a DUI Stay on Your Criminal Record?
If you are convicted of impaired driving, driving over .08 or refusing to provide a sample of breath, the conviction will follow you for the rest of your life. You can apply for a record suspension, commonly known as a pardon, 5 years after your sentence is complete. A DUI comes with a minimum one-year driving prohibition, so this means you cannot apply for 6 years from the date of conviction. If you are successful in securing a record suspension, it doesn’t delete all records of your conviction. Canada shares information related to criminal charges with the United States. Even if you get a record suspension, the American’s permanently keep the information. This means that you indefinitely run the risk of being denied entry to the United States as a result of a DUI conviction.
How to Avoid a Criminal Record
If you have been charged with a DUI, the best way to avoid a criminal record that may significantly affect your employment is to hire an experienced DUI lawyer. An experienced lawyer will be able to review your disclosure and determine what defences exist. Depending on what issues arise, an experienced lawyer may be able to have your charges withdrawn prior to trial, saving you unnecessary stress and expense.
