In some states, a DUI is regarded as a misdemeanour, infraction, or traffic violation. In Canada, drunk driving is considered a criminal offence. Even if you fly into Canada and arrive at a Canadian airport or were to arrive by ship at a Canadian harbour, you can still be denied entry for a past DUI.
There are cases where some people have crossed the border before or know of friends or family that have done so on multiple occasions without any difficulties. Doing so is at your own risk, and once inevitably caught, you could be detained and possibly be banned from entering Canada for years. Additionally, everyone travelling with you would also be denied entry at that time. Misrepresenting yourself and your record significantly reduces your chances of crossing the border in the future.
A Canadian border officer can ban you for an extended amount of time, and even for life. Past offences that were committed outside of Canada are individually assessed on a case-by-case basis and compared to the equivalent offence and seriousness of the charges. In some cases, what might be considered a minor offence elsewhere can be regarded as a serious offence according to the Canadian criminal code and immigration authorities.
A DUI offence is an example of such a situation. Each year, thousands of Americans visit Canada for business travel, holidays, hunting, fishing, skiing, visiting family and other reasons. A TRP varies in terms of what it permits. In some cases, it might be for a single entry, while in others it might be valid for months, even years, and sometimes allows multiple entries. In some cases, frequent travellers might want to apply for Criminal Rehabilitation.
If your conviction took place over 5 years ago, you might be eligible. A TRP is generally granted for a specific purpose, such as a business meeting or convention. After five years, you are eligible to apply for a permanent waiver, which is called Criminal Rehabilitation. The fastest way to get a TRP is to prepare your application and take it to the border.
It could take a few months to prepare your application, depending on the agencies that hold your records. Once you get to the border or airport, it will be approved or denied within a few hours.
The TRP is a temporary waiver of inadmissibility that can allow someone who would typically be inadmissible to Canada to enter the country. If approved, it can be valid for up to three years.
In order to be granted a TRP, you must have a strong reason for coming to Canada. Because processing can be subjective, it is important for people to submit a well-prepared and compelling TRP application package. If it has been more than five years, but less than 10 years since completion of a sentence, you may be eligible to apply for criminal rehabilitation.
If the application is approved, the applicant have a clean slate and be eligible to enter Canada. There will no longer be any obstacles relating to the previous conviction: the person will be able to enter and leave Canada provided they do not commit another offence.
If it has been 10 years or more since completion of a DUI sentence, an inadmissible person could be deemed rehabilitated simply as a result of the passage of time.
This path would also allow them to Canada. This solution is only possible in cases where someone has a single, non-serious conviction on his or her record. If you have more than one conviction, you must apply for criminal rehabilitation to clear your criminal record to enter Canada without issue.
If you are currently facing a charge of DUI with no prior criminal history, you should not be considered inadmissible to Canada. Canadian immigration officers have discretion in these situations, weighing the benefits and risks of allowing entry. Canadian law, not U. A Legal Opinion Letter from a Canadian immigration lawyer can be helpful in the event you are looking to enter Canada with a pending charge.
The lawyer can explain any important facts in the pending case, and explain why you should not be considered inadmissible.
Discover your Canadian immigration options at CanadaVisa. The Canadian consulate is still active and accepting applications for special permission to enter Canada with a DUI. Our Canadian immigration law firm is also open and offering free consultations!
As of September 7th , fully vaccinated visitors from the rest of the world are also allowed to enter Canada. In Canada, indictable offenses are considered serious criminality similar to a US felony while summary offenses are considered less serious similar to a US misdemeanor.
If an American wants to visit Canada but has ever committed an act that could be considered an indictable offense in Canada, they may be classified as criminally inadmissible.
Driving under the influence of alcohol is a hybrid offense in Canada, which means it can constitute a summary offense or an indictable offense depending on the situation and how the prosecutor wishes to proceed. Although most DUIs on Canadian soil are only summary offenses, the potential for one to be indictable makes driving under the influence a potentially excludable act for foreign nationals. In fact, even a DUI arrest with no conviction including an acquittal or not guilty verdict can cause a US resident to be rejected at the Canadian border since the original arrest will still be visible to border officers and the visitor may need to prove his or her admissibility.
Section 36 of Canada's Immigration and Refugee Protection Act IRPA says that foreign citizens can be criminally inadmissible to the country upon "having been convicted outside Canada of an offense that, if committed in Canada, would constitute an indictable offense under an Act of Parliament.
Since Canadian immigration regulations view DUIs as serious offenses, a single impaired driving incident in the United States can bar a person from visiting Canada forever regardless of how inconsequential it was in the state it happened. If a DUI charge was reduced to wet reckless driving, which is common in California and a few other states, the offense will typically still equate to a full DUI in Canada since impairment was involved.
Even after pleading a DUI down to a more minor charge such as dangerous or reckless driving with no mention of alcohol in the statute , an American may still not be eligible to cross the Canadian border without risk of an entrance denial.
This is because the Canadian equivalency of a dry reckless driving conviction can be "dangerous operation" which is a serious crime punishable by as long as ten years in prison. When determining eligibility to travel to Canada with a DUI arrest, it is not the seriousness of the charge in the USA that matters; it is what the possible crime equates to under Canadian law. According to this Act, a pending DUI charge is treated as "under indictment" and potentially excludes a US citizen from entering.
At the end of the day, the onus is always on a visitor to be able to prove his or her admissibility when challenged by a Canada Border Services Agency CBSA officer. For this reason, if you drive under the influence of alcohol and get pulled over, your ability to go to Canada may come to an abrupt end.
Even a reduced DUI charge does not guarantee smooth sailing when entering Canada. The reduction of charges from drinking and driving to some lesser charge such as reckless driving or careless driving can still cause you to be denied entry at the Canadian border.
This is because dangerous operation, even with the absence of impairment, is also a serious crime north of the border.
If you have any arrest record at all, getting admitted to Canada may require a substantial amount of preparation. If your misdemeanor DUI charge was dismissed or you were found not guilty, documented proof of the favorable status may help facilitate a successful border crossing but consulting a qualified Canadian immigration attorney before traveling would be advisable.
A US citizen with a criminal record for impaired driving can still be stopped from crossing the border into Canada even if they will not be operating a car, truck, SUV, motorcycle, RV, boat, or any other motor vehicle during their visit. Some people with a DUI history think that if they fly into Canada, and do not intend to drive while in the country, they will be granted entry without a problem. Canadian immigration regulations do not distinguish whether a person intends to drive while visiting or not.
Consequently, Americans may require Criminal Rehabilitation or a TRP in order to successfully travel to Canada with a DUI conviction, regardless of their intended transportation plans once in the country. Likewise, some Americans with a DUI think they are allowed to drive across the border as long as they are only a passenger in the vehicle and not the driver.
Again, a visitor's method of travel has no effect on their admissibility according to Canadian law. Even if a friend, family member, or co-worker will be doing all the driving, or you plan to rely solely on Uber or public transit, if you are inadmissible to Canada because of a DUI there is a substantial chance border security will forbid you from entering.
Our legal team has literally spoken to hundreds of US citizens that were denied entry due to a past DUI or DWI despite being a passenger in the vehicle with no intent to ever drive while in Canada.
Please be warned: if you inadmissible due to a DUI conviction, traveling to Canada by car can be extremely risky even if you are not the person driving.
Some also believe that you can enter into Canada with a criminal history as long as you do not disclose it at the border. This is absolutely false, as the Canadian border has unlimited access to US criminal databases and a past charge or conviction can instantly flag a visitor upon arrival. It is wise to always be honest and forthcoming with border authorities, as attempting to mislead immigration officials can lead to serious consequences such as being banned from crossing the border for several years.
A DUI charge or conviction from the USA can cause a traveler to be turned back at a land border crossing or detained and flown home upon landing at an airport in Canada, regardless of how long the visitor plans to stay in the country.
Even for a short visit of less than 24 hours, such as a quick business trip, border security can still block a foreign national from coming into Canada because of a past misdemeanor. Above the border, it is against the law to operate a vehicle while impaired by any legal or illegal drug, just as it can be against the law to drive after drinking beer, wine, or liquor.
Americans are frequently charged with driving while intoxicated because they were on prescription medication such as painkillers or "stoned" from consuming marijuana. You can be charged for driving under the influence of drugs regardless of whether or not the drug is legal.
Even if you have been prescribed medicine by a doctor, if the substance "could affect the nervous system, brain, or muscles of a person as to impair" it is illegal across North America to be operating a motor vehicle while on it.
Consequently, it is possible to get a DUI by driving while on prescribed drugs that can impair, and a criminal conviction of this type can mean a person is no longer welcome in Canada without special permission. One of the major reasons why many United States residents seek assistance from an experienced immigration lawyer before trying to enter Canada with a DWI is to determine the exact criminal equivalency and excludability of their specific offense. The procedure for finding equivalency was determined by the Canadian Federal Court of Appeal, which held that the essential elements must be determined by the precise statutory words used.
Since DUI laws including under 21 DUI laws and the precise wording of each statute vary from state to state, the Canadian admissibility of an individual can depend on the US state in which their offense happened. Other violations that are often added to impaired driving charges can further complicate matters. Examples include driving with a suspended license, no car insurance, damage to property, leaving the scene of an accident, speeding, or refusing a breathalyzer, chemical test, or blood test.
Violating certain civil traffic laws can also have an impact on admissibility to Canada, despite being a traffic infraction not a misdemeanor conviction. If you are concerned you might be criminally ineligible for international travel, it may be smart to consult with a licensed immigration attorney in Canada about your particular situation. Not only do we accept clients from every US state, we are also familiar with the DUI laws in many of these states as well as how to order a state-level criminal history report in each.
The exact process of retrieving the documents required for DUI Canada entry can differ by state and county, so a seasoned professional can offer enormous value. Our team of experts can help make crossing the border into Canada with a DUI as easy as possible! Most people flying into Canada for business are traveling with at least one other person that they work with, and chances are this individual is not aware that their co-worker has a criminal record.
The good news is that in many circumstances it may be possible to keep your DUI a secret from a boss or co-worker even when entering Canada with them.
The easiest scenario in which to keep your driving while impaired incident private from those you are traveling with is to procure a Canada Temporary Resident Permit or Rehabilitation prior to your date of travel.
A TRP may be obtained in advance of a trip to Canada, and once a person has a valid waiver in their possession it is notably easier to cross the border discreetly. Applying for a TRP via a Canadian visa office commonly takes a few months for government processing, however, which is too long for many Americans interested in getting into Canada with a DUI. Since some people, especially business travelers, are given at most a couple weeks notice of a trip, their only option may be to apply for a TRP at a Port of Entry POE which is not ideal.
Even if there is not enough time to secure an entry waiver in advance of travel, it may still be possible to keep a misdemeanor DWI a secret from co-workers especially if flying into Canada.
Because we focus primarily on helping Americans get into Canada with a DUI, our legal team has a plethora of experience on how to keep a drinking and driving conviction a secret from work associates when entering Canada. Questions about how to enter Canada with a DUI while keeping it discreet from other passengers? Phone us today for a free consultation! If you have already been denied entry to Canada because of a DUI conviction, it is very important to not return until legally able to do so.
It is advisable in such circumstances to consult with a qualified Canadian immigration attorney to ascertain the best means of ensuring successful DUI entry into Canada in the future. If you attempt to enter via another Port of Entry without first addressing your DUI inadmissibility, denial is almost certain and an outright ban from Canada can result. Once a US citizen has received an official refusal of entry to Canada because of a criminal record for driving drunk, it is advisable for them to fix their inadmissibility before attempting to cross the border again.
Any form of perceived non-compliance with CBSA instructions can significantly reduce a person's odds of being granted permission for DUI entry in the future. Consequently, it is important not to make any rash decisions if angry about being bounced at the border.
In many cases, a denied traveler is permitted to officially withdraw their application for Canada entry DUI admission. There will then be an Admissibility Hearing in which a judge will determine if the Section 44 Report's allegations are true and if so a Removal Order may be given.
Some Americans may need the services of a qualified immigration professional to determine if they can legally enter Canada with a DUI record. Others may already know that they are criminally inadmissible but require help from an attorney to come up with a workable plan for how to cross the Canadian border successfully.
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