August reminds me of Canada, our close neighbor and friend. Toronto Island is incredible except for the mosquitoes (they bite hard).
I recently had an inquiry (to my blog) about visiting Canada if you had a prior DWAI (driving while ability impaired) on your record. The person asking figured that since DWI here is a BAC of .08 or higher and Canada doesn't have a DWAI, and DWAI is a traffic violation (not criminal charge here) then he was good to go.
First, Get This:
First, Get This:
NO MATTER WHAT YOUR BAC (blood alcohol content)
CANADA SAYS IT IS A DWI/DUI/OUI
I have blogged about this before, playing lawyer. Reading statutes, laws, and assorted codes and then trying to understand all of this. Even lawyers have a hard time understanding all the nuances of New York DWI.
First off, there are two main types of DWI, DWI per se (requiring a BAC), and DWI common law (sans BAC). You can still be found guilty of DWI without a BAC number. Harder for the government to prove but still possible. DWAI is legally defined as "any extent of impairment", it doesn't need a BAC number either. Yes, a BAC makes it more likely to be found guilty, even low BACs, but all the government needs to prove is "any" impairment.
Canadian Law Made Simple for Non-Canadians
In Canada they have law that also states a common law DWI or DWAI:
Criminal Code of Canada
Impaired Driving Sections
Operation while impaired
253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (this is the Canadian "Common law" charge)
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. (this is the Canadian "per se" charge)
R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59.
This is how a NY DWAI is considered a "criminal" offense in Canada regardless of BAC numbers. So you have a few options, wait five years (after the end date of your original imposed sentence) and apply for a Approval of Rehabilitation OR Apply for a Minister's Permit by phoning Canadian Customs at 1-888-242-2100. See my original blog of April 23, 2009.
The 9 Most FAQ About NY DWI, here:
The New York Up State DWI Survival Guide, here:
Winning The NYS DWI Refusal Case, here:
Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.
Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 550 blog posts, dozens of articles, and over 520 informative videos on my youtube channel.
I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.
http://www.ithacadwi.com
newman.lawrence@gmail.com
607-229-5184
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