Can I Go to Canada with a DUI?

If a visit to Canada comes up, but you have a past arrest for driving while impaired, the first question that likely comes to mind: can you go to Canada if you have a DUI? North of the border, drunk driving is a serious crime punishable by as much as ten years incarceration. Consequently, Canadian border authorities can deny entry to a US citizen or Green Card holder with such an offense even if it was only a misdemeanor or civil infraction. If you have a DUI and want to enter Canada, it is possible to acquire special permission to cross the border by filing paperwork with the Canadian Government.

So You Can Go to Canada with a DUI?

Yes, if you have a DUI you can go to Canada by being granted either a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). This involves convincing Canadian authorities that you should be considered safe and will never re-offend. Applying for special permission to go to Canada with a DWI involves a lot of tedious paperwork, so many Americans with a past conviction for driving under the influence simply avoid Canada.

How to Legally Go to Canada with DUI

If an American has an important trip to Canada, or plans to go there multiple times over the years, they may decide it is worth applying for access to the country. If you have a DUI or DWI in the United States, there are two options for going to Canada.

Fast Fix - The quickest way to go to Canada if you have DUI charges in your past is typically by obtaining a Temporary Resident Permit or TRP. It is possible to request a TRP for a single visit or for several visits. A TRP requires an applicant to prove the importance of their travel plans, however, and such an entry waiver will eventually expire as they have a maximum duration of three years.

Permanent Fix - If a citizen of the United States has a DWI conviction but wants the ability to go to Canada any time they wish, getting approved for Criminal Rehabilitation or CR can permanently overcome inadmissibility. Since rehab never expires, such a pardon is a preferred solution compared to a temporary waiver, but an individual only becomes eligible to apply once it has been five years from the date their entire sentence ended including any probation. The Criminal Rehabilitation processing time can be close to one year, so some Americans also submit a TRP application to cover them in the meantime.

Have a DUI history and wondering if you can go to Canada? Contact our Canadian immigration law office today for a FREE consultation!

Can I Get Into Canada Without a TRP or CR?

A DUI is a hybrid offense in Canada. Consequently, it can potentially be prosecuted as an indictable crime which is similar to a felony in the United States. For this reason, a USA citizen with a DUI, DWI, OVI, OWI, DWAI, or wet reckless driving conviction can be classified as "criminally inadmissible" by Canada. Being inadmissible does not guarantee you will be refused at the border, as entry is at the sole discretion of border patrol. This being said, inadmissibility gives border authorities the grounds to deny admittance to a traveler. Americans who are inadmissible because of a driving record can be at a high risk of having their entrance denied but it is possible the person may get lucky. Most people do not wish to gamble at the border, however, and thus if they have a DUI they will often request special entry permission or cancel their trip and avoid the country.

Can I Go to Canada If I Have a DUI That Was Dismissed?

There is no presumption of innocence at Canada's border. Consequently, travelers that have an arrest history related to drinking and driving can be at risk of getting blocked by border authorities unless they have acquired special permission to enter the nation or can prove their admissibility. If someone was charged with a DUI or DWI in the United States but beat the case, it may be possible to argue the individual is admissible by equating the offense to a non-conviction under Canadian law. For example: if someone was found not guilty, or had their charge dismissed via a pre-trial diversion program, they may have a case for admissibility. In such a situation, a Legal Opinion Letter from a Canadian immigration lawyer can present an argument that the visitor should be considered fully admissible and allowed to enter the country.

If You Have a DUI Can You Go to Canada After 10 years?

The Federal Government of Canada implemented harsh new laws for drinking and driving in 2018. Consequently, a misdemeanor conviction for DUI in the United States can now ban the offender from the nation forever. Even if the incident only resulted in a civil traffic violation, such as a DWAI in New York State or a DWI in New Jersey, it can still render the offender criminally inadmissible to Canada for life and cause them to be denied entrance even 10+ years later. If the person is willing to do paperwork to prove they are not a threat, it is possible to apply for a pardon five years after all sentencing was wrapped up.

Can You Go to Canada If You Have a DUI That Is Really Old?

It may be possible for an American citizen to enter Canada if they had a single DUI more than a decade ago that occurred before the driving laws north of the border were strengthened, and the person has absolutely no other charges in their past. This is because the offense may be "grandfathered in" as non-serious criminality, which can open up the possibility of being eligible for "Deemed Rehabilitated by virtue of time" status. The seriousness of driving under the influence of alcohol charges in Canada today disqualifies such a conviction from Deemed Rehabilitation, but some older convictions may be grandfathered in under the previous rules. This being said, if you have an old DUI it is recommended that you discuss your situation with an experienced attorney before trying to get into Canada.

Can You Go to Canada with a DUI Expungement?

Even if a driving under the influence conviction was sealed or expunged, it can still be a problem when dealing with the Canada Border Services Agency (CBSA). This is because Canada may not recognize an expungement from the United States as equivalent to a non-conviction in their country unless it has been more than five years from when the offender finished all sentencing including any probation. Furthermore, sealing your record typically has no impact on admissibility to Canada and CBSA can still see a sealed record. How does Canada know if you have a DUI even after it was sealed or expunged? Simple, the transgression is still recorded by the FBI's National Crime Information Center (NCIC), which is shared with Canada's national police force.

Upon getting an impaired driving conviction expunged, many Americans think they are no longer at risk of being denied entry by Canada. This is frequently incorrect, as the incident is usually still visible to border patrol. If CBSA agents detect the event and do not think the traveler would be eligible for a Record Suspension had the same crime happened above the border, it could still be a major issue. In California, for example, it is common for a DUI or wet reckless conviction to result in 36 months of informal probation. Consequently, a DUI expunged via a California 1203.4 dismissal could still put the offender at risk of a border denial for as long as 8 years after the date of conviction.

Can I Go to Canada with a DUI If I Will Not Be Driving?

Unfortunately, a past conviction for driving under the influence of alcohol or drugs can cause a visitor from America to be denied entry regardless of whether or not the person plans to actually drive while in Canada. Even if someone has clear proof they will not be operating a vehicle while in the jurisdiction, such as evidence they are taking an Uber straight from the airport to their destination, border agents can still classify the individual as criminally inadmissible and send him or her back home. At the end of the day, an inebriated driving incident in your past can be problematic at the border even if you will only be a passenger in the vehicle and never the driver.

Interested in going to Canada but worried about a past DUI? Contact our legal team today!

Frequently Asked Questions (FAQ):
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