- Can you avoid getting a criminal record if you’re guilty of a DUI?
- That’s what I’m going to cover in this article.
- When you get charged with a DUI, there is a range of possible outcomes.
- On one end of the spectrum, there is getting your DUI charge withdrawn or dismissed. This is the biggest win for your DUI case.
- On the other end of the spectrum is a conviction for your Impaired Driving charge.
- Along with the penalties, a DUI conviction will result in you getting a criminal record.
- If you have a criminal record, that will pose serious challenges in your life, including potential obstacles with employment and travel.
- And this raises the following question.
- If the evidence is strong enough to prove a DUI conviction, is there a way to acknowledge guilt but avoid a criminal record?
- In criminal law in Canada, there is a path to a guilty outcome with no conviction and no long-term criminal record.
- In this context, there is something called an absolute or conditional discharge.
- With an absolute or conditional discharge, the court will find you guilty of a criminal charge, but a conviction will not be registered.
- And, according to the Criminal Records Act, your guilty outcome would be removed from the criminal records database after a 1 to 3-year period. And, you would not have a criminal record.
- However, there is a problem with discharges in the context of DUI charges.
- In Canada, a Judge cannot issue any form of absolute or conditional discharge because the Criminal Code prescribes a mandatory minimum punishment for impaired driving offences.
- So, If you’re guilty of a DUI, you cannot get an absolute or conditional discharge.
- A DUI conviction will be registered, and you will get a criminal record.
- The only way to remove your DUI criminal record would be to get a Pardon, which is now called a Record Suspension, by applying to the Parole Board of Canada.
Can you avoid getting a criminal record if you're guilty of a DUI?
It's possible to avoid getting a criminal record if you're guilty of a DUI, but it depends on the specific circumstances of your case. Some factors that can influence the outcome of a DUI case include the severity of the offence, the presence of prior convictions, and the skill and experience of your legal representative. A qualified DUI lawyer can help you understand your options and work to negotiate a plea bargain that minimizes the impact on your record.
What are the consequences of having a criminal record for a DUI?
Having a criminal record for a DUI can have far-reaching and long-lasting consequences, including difficulty finding employment, higher insurance rates, and restricted travel opportunities. It's important to work with a qualified DUI lawyer who can help you understand the implications of a criminal conviction and work to minimize the impact on your record.
