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A conviction for impaired driving in Ontario — including Over 80 (blood alcohol over the legal limit), Fail or Refuse to Provide a Sample, or Impaired Operation — is a criminal offence. Since December 2018, amendments to the Immigration and Refugee Protection Act (IRPA) have classified these offences as “serious criminality” under s. 36(1)(a). This means a single conviction can make a permanent resident inadmissible to Canada, lead to loss of status or deportation, and affect applications for citizenship, study permits, work permits, or visitor visas.

Permanent residents convicted of impaired driving face the risk of removal from Canada. Temporary residents, including international students, foreign workers, and visitors, can be ordered to leave and refused re-entry.

A criminal record for impaired driving can create travel problems well beyond Canada. The United States will typically deny entry for drug-related impaired driving convictions, and can also refuse entry for alcohol-related offences. Other countries may require special permission, such as a Temporary Resident Permit (TRP) or Criminal Rehabilitation, before you are allowed to visit. For drug-related DUIs, see our pages on DUI by Prescription Drugs, DUI by Cannabis and DUI by Drug.

Our role is criminal defence first. We do not practice immigration law and do not provide immigration legal advice. We strongly recommend consulting an experienced immigration lawyer to fully understand the implications for your status. Our role is to defend you against the criminal charge, aiming for acquittals, withdrawals, or pleas to non-criminal Highway Traffic Act offences whenever possible, because avoiding a criminal record can be critical to protecting your immigration status.

If you are a permanent resident, temporary resident, or visitor charged with a DUI in Ontario, contact us immediately. The right criminal defence strategy may be the key to protecting both your liberty and your ability to remain in Canada.

With serious penalties on the line, you owe it to yourself to get proper legal advice and build a strong defence.

Call now 1-877-497-3927

Schedule a FREE assessment

Every successful defence begins with a clear plan. With over two decades of experience, we’ve developed a proven four-step case assessment process that guides you from uncertainty to resolution with confidence and clarity.

OUR LEGAL ASSESSMENT PROCESS

1

COMPLIMENTARY ASSESSMENT

This is a full hour-long consultation, not a sales pitch. We take the time to understand you, not just the charge. We’ll talk through what happened, how you're doing, what the court process will look like, the potential outcomes, defence costs, and your most pressing questions. You’ll leave the call with a clear roadmap and the confidence of knowing what happens next.

2

Intake and Set-Dates

Once you’ve hired us, we take over the administrative burden. We’ll obtain all police disclosure and appear at every set-date court appearance on your behalf, so you don’t have to miss work or worry about procedure. Behind the scenes, we’re already reviewing your file and preparing for the real fight ahead.

3

Analysis and Pre-Trials

Our entire team meets to analyze the disclosure, identify viable defences, and research the legal and factual issues in your case. We consult with you before engaging the Crown, either to set a trial date or negotiate a resolution that protects your future. You’re kept in the loop, but we carry the legal weight for you.

4

Hearing Date

This is where it all comes together—either in trial or in resolution. Mr. Avery will be in court beside you, fully prepared to protect your rights and secure the best possible outcome. Whether we’re arguing for an acquittal or negotiating final terms, your case is in the hands of an experienced advocate who knows how to win.

OUR GOOGLE 5 STAR REVIEWS

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