{"id":2702,"date":"2026-11-14T23:11:46","date_gmt":"2026-11-14T23:11:46","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/dui-pardon-canada\/"},"modified":"2026-11-14T23:11:46","modified_gmt":"2026-11-14T23:11:46","slug":"dui-pardon-canada","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/dui-pardon-canada\/","title":{"rendered":"DUI pardon in Canada: getting a record suspension for impaired driving"},"content":{"rendered":"

By Prabhpreet Kaur Sangha<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 14, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

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.<\/em><\/p>\n

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Yes:<\/strong> an impaired driving conviction under the Criminal Code can be suspended like any other conviction, 5 or 10 years after the sentence ends (shorter for older offences).<\/p>\n

Not the same as a roadside prohibition:<\/strong> a BC immediate roadside prohibition is not a criminal conviction, so there is nothing to pardon.<\/p>\n

Why a lawyer:<\/strong> a DUI is a hybrid offence, and how it was prosecuted decides the wait. It also matters differently for US travel and immigration. When a lawyer helps<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

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Our immigration lawyers<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, 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.<\/p>\n

Can you get a pardon for a DUI?<\/h2>\n

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.<\/p>\n

\n\n\n\n\n\n\n\n
DUI waiting periods (after the whole sentence, including the fine, is complete)<\/caption>\n
First offence committed<\/th>\nProsecuted summarily<\/th>\nProsecuted by indictment<\/th>\n<\/tr>\n<\/thead>\n
Before June 29, 2010<\/td>\n3 years<\/td>\n5 years<\/td>\n<\/tr>\n
June 29, 2010 to March 12, 2012<\/td>\n3 years<\/td>\n5 years (10 if a serious personal injury offence with 2+ years’ jail)<\/td>\n<\/tr>\n
On or after March 13, 2012<\/td>\n5 years<\/td>\n10 years<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

The “first offence” is your first offence of any kind, not your first DUI.<\/p>\n

The driving prohibition<\/h2>\n

A DUI sentence usually includes a fine and a driving prohibition. Two points from the PBC:<\/p>\n