Canadian Pardon for DUI – When are you eligible? (2023)
- The key to getting your Canadian Pardon for a DUI – and getting it fast – is to apply as soon as you are eligible.
- But the timing rules are confusing.
- In this article, I’ll clarify what those rules mean so you can get your DUI Pardon as fast as possible.
- DUI Pardon eligibility wait times can be 3, 5 or 10 years.
- Your wait time depends on the date of your first offence.
- And, whether your DUI was prosecuted as an indictable offence or a summary offence.
- Here are 3 things you need to know.
1/ Here’s what the date of your first offence means.- The key date that you need to focus on for a Canadian Pardon for your DUI is March 12, 2012.
- If your first offence was on or before March 12, 2012, then your wait time will be either 3 or 5 years.
- If your first offence was after March 12, 2012, then your wait time will be either 5 or 10 years.
2/ It’s the offence date, not the conviction date.- This is a huge area of confusion.
- The date that matters for getting your Canadian Pardon for your DUI is not the conviction date.
- It’s the date of your offence. In other words, the day the Police charged you with your DUI.
- So, for example, if the date of your DUI was on or before March 12, 2012 but your conviction date was after March 12, 2012, then your wait time will be 3 or 5 years, NOT 5 or 10 years.
3/ How was your DUI prosecuted?- DUIs in Canada are known as Impaired Driving, Over 80, and Refusal to Take a Breathalyzer Test.
- Under the Criminal Code of Canada, DUIs are defined as hybrid offences.
- That means the Crown can handle your DUI case as an indictable offence or a summary offence.
- This decision is important because it directly impacts how long it will take to get your DUI Pardon.
- If the Crown prosecuted your DUI as an indictable offence, then your wait time will be 5 years or 10 years.
- If the Crown prosecuted your DUI as a summary offence, then your wait time will be significantly less. Either 3 years or 5 years.
- This is a huge area of confusion.
- The date that matters for getting your Canadian Pardon for your DUI is not the conviction date.
- It’s the date of your offence. In other words, the day the Police charged you with your DUI.
- So, for example, if the date of your DUI was on or before March 12, 2012 but your conviction date was after March 12, 2012, then your wait time will be 3 or 5 years, NOT 5 or 10 years.
3/ How was your DUI prosecuted?- DUIs in Canada are known as Impaired Driving, Over 80, and Refusal to Take a Breathalyzer Test.
- Under the Criminal Code of Canada, DUIs are defined as hybrid offences.
- That means the Crown can handle your DUI case as an indictable offence or a summary offence.
- This decision is important because it directly impacts how long it will take to get your DUI Pardon.
- If the Crown prosecuted your DUI as an indictable offence, then your wait time will be 5 years or 10 years.
- If the Crown prosecuted your DUI as a summary offence, then your wait time will be significantly less. Either 3 years or 5 years.
When am I eligible for a Canadian Pardon for a DUI?
The eligibility wait time for a Canadian Pardon for a DUI can be 3, 5, or 10 years. The wait time depends on the date of the first offence and whether the DUI was prosecuted as an indictable or summary offence. The key date to focus on is March 12, 2012. If the first offence was on or before this date, the wait time is 3 or 5 years, and if the first offence was after this date, the wait time is 5 or 10 years.
How does the prosecution of my DUI affect my Pardon eligibility?
The prosecution of a DUI as an indictable or summary offence will affect the wait time for a Canadian Pardon. If the DUI was prosecuted as an indictable offence, the wait time is 5 or 10 years. If the DUI was prosecuted as a summary offence, the wait time is 3 or 5 years. It's important to note that the wait time is based on the date of the offence, not the conviction date.