Can You Visit Canada with a Physical Control DUI?

Even if you are not driving, if you have "physical control" of a motor vehicle when you are drunk you can get a Physical Control DUI. The law dictates that if a person has actual or constructive possession over the key to a vehicle while in the driver's seat and under the influence of intoxicating liquor or any drug, they can be charged with an offense even if the car is not turned on. This means that an individual sleeping in their parked car after a night of drinking alcohol can be arrested by law enforcement and charged with Physical Control under the influence provided the key was in the ignition, on the driver's person, or in close enough proximity to the driver that he or she could easily access it.

When it comes to crossing the border, an Actual Physical Control DWI can render a person inadmissible to Canada and cause them to be denied entry unless they obtain special permission in the form of Criminal Rehabilitation or a Temporary Resident Permit. Even though a Physical Control violation is a lesser offense than a DUI, DWI, or OVI in many states, and first-time impaired driving offenders will often have their charge reduced to Physical Control, it still equates to a serious crime in Canada and is, therefore, an excludable offense. A Temporary Resident Permit or TRP can enable an American with a Physical Control offense in their past to visit Canada for a specific reason. Criminal Rehabilitation is a permanent fix, but takes longer to obtain and can only be applied for if all sentencing was completed more than five years ago.

If you have a Physical Control misdemeanor (criminal record) or a Physical Control violation (traffic offense) and need to enter Canada (including immediate entrance due to an emergency), phone our legal team now for a free consultation to discuss your options. Our Canadian immigration attorney has helped many Americans cross the border with an impaired Physical Control violation in their past. There is no assumption of innocence at Canada's border, which means even a Physical Control arrest that has not yet gone to trial can result in issues when attempting to visit Canada.

Regardless of whether the original charge was Actual Physical Control (APC), or a person was arrested for impaired driving and then entered a plea bargain, a misdemeanor Physical Control conviction or DMV traffic infraction can now equate to a serious crime in Canada and thus can prevent an American from being able to visit Canada. Similar to intoxicated driving convictions, a Physical Control offense can also prevent a person from being able to move to Canada even if he or she is otherwise eligible for immigration.