Recent Developments Impact Those Convicted of DUI

Commercial Driver's Licenses Jeopardized by DUI Conviction

The Ohio legislature has seriously jeopardized commercial drivers by recent legislation that suspends a commercial driver's license (CDL) for a year or more in the event of a conviction for DUI. A conviction for DUI will result in the following consequences to commercial drivers in addition to the standard penalties for any DUI conviction:

First offense - One-year disqualification
Second offense - Lifetime disqualification

It is important to note that a conviction for any DUI offense qualifies for these penalties - even if the DUI occurred while driving a personal, non-commercial, vehicle. Therefore, if you hold a CDL and you are convicted of DUI while driving your personal car you will be disqualified from driving a commercial vehicle for at least one year - WITH NO DRIVING PRIVILEGES.

Another important aspect of the CDL suspension laws involve implied consent. Under Ohio law, everyone having an Ohio driver's license, whether commercial or non-commercial, agrees to take a chemical test to determine alcohol content in their system. While anyone can refuse, a person holding a CDL license will suffer a one-year disqualification if they refuse to take a test. So, if you are driving your personal car and are stopped for DUI and refuse to take a test, your CDL could be suspended for one year.

Further, unlike the penalties for a standard DUI conviction, there are NO privileges given to a DUI offender having a CDL. Therefore, a commercial driver will be banned from driving any commercial vehicle for one year if convicted of DUI or for refusing to take a chemical test when asked.

Commercial drivers suffer very serious consequences for any DUI conviction or their refusal to submit to a chemical test. An attorney should be retained to protect your interests.

Canadian Visits may be Short-lived by DUI Conviction

As previously reported the Canadian government has restricted entrance to their country for anyone convicted of DUI. Because the Canadian government was not privy to extensive American traffic and criminal histories, entrance was somewhat easier since it was difficult for them to obtain the information necessary to bar entry. Today, due to new technology, entry into Canada for DUI offenders is more difficult.

As most Americans are aware, a passport is now necessary to enter Canada. At every border crossing, Canadian border guards demand a passport from everyone wishing to cross into Canada. As a result, additional data is available to border guards through additional databases that are accessible using the computer bar code located on the passport. By merely swiping the passport using their computer scanners, Canadian border guards are privy to a myriad of information previously unavailable. Among the information available are traffic and criminal leads detailing the person's convictions. Since DUI convictions are one of the offenses limiting entrance, any person whose history includes a conviction for DUI may be denied entrance to Canada.

To seek entry, a convicted DUI offender must seek "rehabilitation" under Canadian law. Under Canadian law "rehabilitation" removes the grounds for criminal inadmissibility. There are three ways to do so:

1. The Port of Entry can determine if an applicant for admission is deemed rehabilitated. To do so, the application must:

Have only one criminal conviction.
At least 10 years have elapsed since the conviction, sentence and probation were served.
The conviction would not be considered a serious crime in Canada.
The conviction did not involve the use of any weapon and/or result in serious property or physical harm.

The rub is that a DUI conviction is considered a serious crime in Canada and, therefore, seeking entry in this manner is not available. The remaining alternatives are available.

2. If five years have passed since the conviction, sentence and/or probation, a person may apply for a "Minister's approval of rehabilitation." The Minister's approval will permanently remove the inadmissibility cause by the conviction. The application must be submitted to a Canadian visa office, requires a fee of $200-$1000, and can take over a year to process.

3. "Temporary Resident Permits" are available before 5 years have elapsed from the last conviction. Applications often take several months to process and should be submitted to the consulate far in advance of planned travel. Applications can be submitted at the border, but if there is a denial, the applicant will not be admitted.

Any of these alternatives require detailed applications with accompanying documents. Once again, the advise of an attorney should be sought. But, in the event you are planning a trip to Canada and you do have a DUI conviction on your record, planning months ahead of your trip is mandatory.