Can I Enter Canada with a DWI Texas?

Anyone that has been convicted of drunk driving in Texas may be denied entry to Canada due to criminal inadmissibility unless they retrieve special entrance permission. An official endorsement to travel to Canada with a DWI from Texas can be obtained via a Temporary Resident Permit or Criminal Rehabilitation. Temporary Resident Permits can be secured quickly but require a valid reason for traveling north of the border and are only issued for a fixed amount of time with a maximum possible duration of three years. Criminal Rehabilitation is a final solution that overcomes a Texas DWI forever, but takes almost a year to get and is only accessible to individuals who concluded their sentence including probation more than five years prior. Even an arrest for driving while intoxicated in Texas that did not result in a conviction can present problems at the Canadian border unless a visitor is carrying sufficient evidence of their admissibility.

Texas DWI and coming to Canada? Contact our Canadian immigration attorney and his team now for a free assessment.

Texas DWI Laws

Texas has very strict laws when it comes to driving under the influence of alcohol or drugs or driving while intoxicated. A first offense DWI can result in a $2000 fine, three to 180 days of jail time, a license suspension for up to two years, an ignition interlock device (IID), and a DWI intervention education program. A second offense DWI can result in penalties including a $4000 fine, two year license suspension, and more than a month imprisonment. A third offense DWI can lead to a $10,000 fine and more than two years in a state prison. There are additional penalties for anyone drinking and driving with a child passenger.

The Texas Driving While Intoxicated Statute can be found in the state's penal code, title 10, chapter 49, section 49.04. The required blood alcohol content (BAC) to trigger a DWI in Texas is 0.08, but only 0.04% for commercial or truck drivers. Texas also has more extreme DWI laws for when serious bodily injury is caused by drunk driving (intoxication assault) as well as death (intoxication manslaughter). All drivers in Texas are also subject to implied consent, meaning that refusal of a chemical test can trigger driving while intoxicated laws as well as an Administrative License Revocation (ALR). Texas also has zero tolerance DWI laws for drivers who are under 21, meaning that a BAC as low as 0.02% can result in an underage drunk driving charge which can also lead to potential issues at Canada's border.

The Canadian equivalent to all Texas DWIs is a hybrid offense which can be an indictable offense, meaning that an offender may not cross the border without a Temporary Resident Permit or Criminal Rehabilitation, or they could risk being refused entry to Canada. This means that if you have a DWI from Houston, San Antonio, Dallas, Austin, Fort Worth, El Paso, Arlington, Corpus Christi, Plano, Laredo, Lubbock, Garland, Irving, Amarillo, Grand Prairie, Brownsville, or any other city or town in Texas travel to Canada can pose a major problem. Even if the TX DWI involved physical control while impaired, as opposed to driving while impaired, it can still be viewed as a serious crime above the border.

If a Texas DWI happened before Canada changed their DUI laws (impaired driving is now a serious crime there), and all sentencing was finished more than ten years ago, the person may be considered "deemed rehabilitated" due to grandfathering. It may also be possible to enter Canada with a DWI arrest that resulted in a misdemeanor conviction for "Obstructing Highway or Passageway" (Texas Penal Code Section 42.03) but you should always consult a qualified attorney before attempting to travel. Our Canadian immigration lawyer can help people with a misdemeanor or felony DWI from Texas go to Canada without a denial of entry at the border.