oh no! traffic infraction alcohol related

[Dualie 185]

he is the beneficiary...no conviction...no charges. in BC the officer is left to the descretion of how to handle each driving offense that is alcohol related. he gave him a alocohol related traffic ticket. he failed the breathalyzer...n was given a 90 day driving suspension. fines...etc. no court date is pending.. 90 Day Fail is what the infraction is called. suggestions?

It sounds like British Columbia will give a 90 day suspension under their Highway Traffic Act (what it is called in MB), rather than stigmatize a person with a DUI. It serves as a warning per se, and is not a "criminal" conviction. My advise (this is what I would do) is to disclose all of this on the IV application and provide all supporting documents pertaining to the issue. That way you are not withholding anything in case something should come to light somehow. You (he) could also consult with an attorney for advise. If he was not arrested or charged with a criminal offense, he does not have a record and therefore it shouldn't be an issue.

Again, it all depends on how BC categorizes this type of offense. If you are in doubt and cannot find your answers by researching yourself, I would ask a lawyer to clarify for you.

EDIT : I tend to over think sometimes. Simply said, if there were no charges, and only a ticket was issued, you guys should be fine. Sorry I am so long winded...just trying to help .

Edited January 26, 2015 by Dualie

[raven52 233]

I would have all paper work about this with you, and if this is the only offense he has had, then I do not think it is a big deal, but I admit I know nothing about Canadian law.

If he was petitioner, then it would take more than 3 DUI's to be disclosed.

If you document everything, and are totally truthful, and repentant then I just think if this has not happened in last few years, you will be OK.

I hope you do fine, please let us know how it turns out, and "good luck."

[ExPatty 502]

I think it depends on the province of residence how cases like this are dealt with. Drinking and driving laws are very strict in my province and police have the mandate to impound a vehicle and issue citations upon their own discretion. Your husband may not be convicted of an actual "DUI" per se, but there are a multitude of charges (with varying degrees of severity) they can use to deter repeat drinking and driving offenses. Each province deals with these issues differently, and most have low to zero tolerance. How this will impact your case depends on what exactly he was sited for. Without knowing this, it is hard for us to say.

One of the main things I noticed when I moved from Canada to the US was the laissez faire attitude people down here have to drinking and driving. The culture in Canada, at least where I was, took a far dimmer view of it than in the US. It was drilled into our heads from the get go that it's an absolute no-no. Probably the OP's husband just got unlucky if he did indeed have only two beer and only barely hit into the .08 blood alcohol. Most people die without ever having a DUI, but the number of people who would have blown .08 on a breathalyzer at some point in their life is definitely a much, much higher number.

[Rob L 3,811]

Traffic violations don't but DUI's fall under the moral turpitude. And depending if a person has a history of them and all that. If this is first offense and depending how the officer has it written up on police report really. But 1st time should not be an issue.

No counseling, or anything like that had to be done. Don't think it's an issue. Just s long as it's disclosed when you fill out the DS-260 when you are at the NVC stage and honest about it if asked at interviews should not be a problem. May come up at interview "do you have a drinking problem".

A dui does not fall under the state departments definition of crimes of moral turpitude

Edited January 27, 2015 by Ryan H

[Rob L 3,811]

Sorry tried to post from my phone...huge challenge.

[Dualie 185]

One of the main things I noticed when I moved from Canada to the US was the laissez faire attitude people down here have to drinking and driving. The culture in Canada, at least where I was, took a far dimmer view of it than in the US. It was drilled into our heads from the get go that it's an absolute no-no. Probably the OP's husband just got unlucky if he did indeed have only two beer and only barely hit into the .08 blood alcohol. Most people die without ever having a DUI, but the number of people who would have blown .08 on a breathalyzer at some point in their life is definitely a much, much higher number.

Wow. I don't know where or when you were in Canada, but most provinces now have very strict laws to deter drunk driving. And very strict penalties if you're caught. Here in Manitoba you lose your license AND your vehicle for 90 days if you blow over .08, and your license goes up in price well over a hundred bucks which causes your vehicle insurance to go up by hundreds of dollars. Highway traffic laws are governed by individual provinces though, and each one is different. I would not lump the laissez-faire attitude onto Canadians as a whole because I have certainly seen that attitude in the United States. Maybe like you said, it may be a regional thing, but certainly not country-wide.

Sorry, this strayed a little from what OP was asking, but I just had to respond.

[Ryan H 3,812]

Sorry tried to post from my phone...huge challenge.

~~Posts merged~~

[ExPatty 502]

Wow. I don't know where or when you were in Canada, but most provinces now have very strict laws to deter drunk driving. And very strict penalties if you're caught. Here in Manitoba you lose your license AND your vehicle for 90 days if you blow over .08, and your license goes up in price well over a hundred bucks which causes your vehicle insurance to go up by hundreds of dollars. Highway traffic laws are governed by individual provinces though, and each one is different. I would not lump the laissez-faire attitude onto Canadians as a whole because I have certainly seen that attitude in the United States. Maybe like you said, it may be a regional thing, but certainly not country-wide.

Sorry, this strayed a little from what OP was asking, but I just had to respond.

You agreed with me Laissez faire is the US's attitude, not Canada's. So I can say it's not just Manitoba that takes a dim view on drunk driving, as I lived out East.