DUI Statute

In the state of California, a driving under the influence offense is:

California Vehicle Code Section 23103.5

Typical Sentencing for First Offense

Jail Upto 6 months
Fines $390 to $1,000
License Suspension 6 months
Interlock Ignition Device (IID) 5 months in certain counties
Probation 3-5 years

Alternative Resolutions

These lead to no conviction and are called conditional discharge. Admissibility remains unavailable until completion and in the interim of these alternative programs.

Availability for DUI              No

Background checks

Pleading Down

Pleading guilty to some offenses is not equivalent to a crime in Canada, therefore it does not result in inadmissibility. Your lawyer could also argue for a traffic violation or highway obstruction to contest a DUI/DWI and these do not result in inadmissibility to Canada.

Availability for DUI Yes
Possible plea(s) Exhibition of Speed

Expungment & Pardons

This allows your criminal record to be cleared. DUI convictions are eligible for expungments after the completion of the sentence, provided that there are no other charges pending against the offender.

Availability for DUI                  Yes
General info
  • DUI convictions eligible for expungements after the completion of the sentence, providing that there are no other charges pending against the offender
  • Expungement will withdraw individual’s original plea, the guilty verdict will be set aside, and the criminal record will be changed to state that the charge was dismissed per “P.C. 1203.4,” the statute governing this process

It is important to note that in California, expungments do not change your inadmissibility to Canada; the expungment must still be disclosed to the government when crossing the border.

Application Links

If inadmissibility to Canada cannot be avoided, these are the remedies offered:

FWCanada free consultation offer

At FWCanada, we are happy to offer free consultation to promptly provide honest assessment of your case and chances of success. As one of the leading immigration law firms in the country specializing in criminal inadmissibility, we have extensive experience in handling a wide range of cases. We prioritize detailed review of each client’s case to optimise application approval.

Please call on our toll free number: +1 (855) 316 3555 to ask all your burning questions and remedy confusions, because providing honest and accurate advice is our ethos.

FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration, follow FWCanada on Facebook, Twitter and LinkedIn