Oh Canada! DWAI and Visiting Canada

Well, they say (those weather people) that it has been the coolest New York July on record in like 30 years. A big Wow! I loved the excellent Ithaca/Lake Cayuga breezes in Ithaca this summer.

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. 

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.

In Canada they have law that also states a common law DWI or DWAI:

 

section 253

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.