DUI pardon in Canada: getting a record suspension for impaired driving

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 14, 2026

Published November 14, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 14, 2026: the Parole Board of Canada’s guide and FAQ and Criminal Records Act ss. 4, 7 and 7.2 checked that day.

An impaired driving conviction (DUI, over 80, or refusing a demand) is a criminal conviction under the Criminal Code, and you can apply for a record suspension (pardon) once the sentence is finished and the waiting period has passed. A DUI pardon has some features of its own: the driving prohibition, the difference between a criminal charge and a BC roadside prohibition, and what happens if there is a later DUI. This guide covers them.

Lawgical Law Corporation, a law firm in Surrey, Abbotsford and Vancouver, BC, prepares record suspension (pardon) applications for people with Canadian convictions, including clients whose record also affects immigration or US travel; this guide is by Prabhpreet Kaur Sangha.

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Can you get a pardon for a DUI?

Yes. Impaired driving, driving over the legal blood alcohol limit and refusing a breath or blood demand are Criminal Code offences, so they are covered by the Criminal Records Act. They are hybrid offences: the Crown can proceed summarily or by indictment. Most first-offence DUIs are prosecuted summarily, but check your court record.

The “first offence” is your first offence of any kind, not your first DUI.

The driving prohibition

A DUI sentence usually includes a fine and a driving prohibition. Two points from the PBC:

• The prohibition does not have to expire before the waiting period starts. The fine does have to be paid.
• A record suspension has no effect on a prohibition order. It does not shorten or end it.

Provincial licence consequences, such as ICBC driver penalty points, the Responsible Driver Program and an ignition interlock, come from provincial law. The Criminal Records Act applies to federal records, so a record suspension does not change your provincial driving record.

BC roadside prohibitions are not convictions

In BC, many impaired drivers receive an immediate roadside prohibition (IRP) or an administrative driving prohibition under the Motor Vehicle Act instead of a criminal charge. That is an administrative penalty, not a criminal conviction. It does not appear on a criminal record, and there is nothing for the Parole Board to suspend. If you were charged and later convicted in criminal court, that is a conviction, and a record suspension applies.

What if there is a later DUI?

Most new convictions automatically end a record suspension (Criminal Records Act s. 7.2). Impaired driving offences under Criminal Code ss. 320.14(1) and 320.15(1) are an exception: a later DUI conviction does not end the record suspension automatically, but the Board can revoke it (s. 7). Either way, a second DUI usually ends the protection of the first.

A DUI pardon, US travel and immigration

• The United States: a single DUI is often not a ground of inadmissibility to the US, but a pardon does not change how US officers treat a record they already have. See whether you need a pardon to travel to the US.
• Permanent residents and foreign nationals in Canada: since December 18, 2018, impaired driving carries a maximum of 10 years, which makes it serious criminality for immigration purposes. A record suspension removes a Canadian conviction as a ground of inadmissibility (IRPA s. 36(3)(b)), but the waiting period means it rarely helps during removal proceedings. See record suspensions and immigration.
• A DUI from outside Canada: a Canadian record suspension can’t cover it. Visitors and immigrants with a foreign DUI need criminal rehabilitation; see entering Canada with a DUI.

When a lawyer is worth it

One lawyer, one file, every step:

• reading the court record for how the DUI was prosecuted and when the fine was paid;
• finding your first offence date across your whole record;
• the RCMP record, court information and police checks;
• advice on US travel and immigration status in the same file;
• answering the Board if it proposes to refuse.

A single DUI with the fine paid is one of the simpler record suspensions, and many people apply themselves. A lawyer helps when there are other convictions, when the method of trial is unclear, or when you are a permanent resident or need to travel to the US.

Lawyers are members of a law society (in our case, the Law Society of British Columbia), which regulates the legal advice we give and our duty to you. Pardon companies are not law firms. If the Parole Board refuses a record suspension, the decision can be challenged by judicial review in the Federal Court, where a lawyer can represent you.

Common mistakes

• Waiting for the driving prohibition to end before starting the clock. The prohibition doesn’t have to expire first; the fine does have to be paid.
• Applying for a pardon for a BC immediate roadside prohibition. It is not a conviction.
• Expecting the pardon to reinstate a licence or remove provincial driving penalties.
• Assuming the DUI was summary without checking the court record.

Frequently asked questions

How long after a DUI can I get a pardon in Canada?

For a first offence committed on or after March 13, 2012, 5 years after the sentence ends if the DUI was prosecuted summarily, or 10 years if by indictment. Older first offences have shorter waits.

Does a DUI pardon remove the driving prohibition?

No. The PBC says a record suspension has no effect on a prohibition order.

Is an immediate roadside prohibition a criminal record?

No. A BC IRP is an administrative penalty under the Motor Vehicle Act, not a criminal conviction, so there is nothing to pardon.

Can I go to the US with a DUI pardon?

Often yes with a single DUI, but because of the DUI itself, not the pardon. The US does not recognise Canadian pardons. If you have other convictions, get advice before you travel.

Will a new DUI cancel my pardon?

A later impaired driving conviction doesn’t end it automatically, but the Board can revoke it.

Related guides: how to get a pardon (record suspension) in Canada, pardon eligibility and waiting periods, whether you need a pardon to travel to the US, the US entry waiver (Form I-192) guide, record suspensions and immigration, entering Canada with a DUI.

What should I do right now?

Find your court record and check two things: whether the DUI was prosecuted summarily or by indictment, and the date you paid the fine. Those two facts give you your earliest application date.

Book a consultation with our lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Parole Board of Canada: Applying for a record suspension (page dated October 8, 2026)
• Parole Board of Canada: Got a question about your application? (page dated November 10, 2026)
• Parole Board of Canada: Determining your eligibility for a record suspension or pardon
• Criminal Records Act, s. 4 (waiting periods and ineligible persons)
• Criminal Records Act, s. 7 (revocation)
• Criminal Records Act, s. 7.2 (cessation)
• Immigration and Refugee Protection Act, s. 36 (including s. 36(3)(b))

This article is general information, not legal advice. Every case depends on its own facts.