Can you have a dui and go to canada

Entry To Canada With A Drunk Driving Conviction

If you have been arrested or convicted for Driving Under the Influence of alcohol (DUI), you may be criminally inadmissible to Canada.  This can affect your ability to enter Canada as a visitor, as well as preclude candidate eligibility across all Canadian immigration programs.  Even the criminal inadmissibility of a dependent or accompanying family member due to DUI can have significant implications.

Drunk driving charges are prosecuted under a variety of designations around the world.  Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Driving While Impaired (DWI), Driving While Ability Impaired (DWAI), Operating While Intoxicated (OWI), Operating a Motor Vehicle While Intoxicated (OMVI), Wet Reckless, are all examples of charges that can result from drinking and driving.  Canadian immigration authorities pay no attention to the manner in which your impaired driving conviction was processed abroad.  Under Canadian immigration law, any indictment relating to the operation of a motor vehicle while under the influence of alcohol can render someone Criminally Inadmissible to Canada.

Misdemeanor and felony DUI designations do not play a determinant role in the assessment of an individual’s admissibility.  An American citizen, convicted of a misdemeanor level drunk driving offense, may still find himself or herself criminally inadmissible to Canada.

Criminal inadmissibility to Canada due to DUI, DWI, or any other drinking and driving conviction(s), can be overcome in different ways, depending on the circumstances.

Temporary Resident Permit – Temporary Solution

A Temporary Resident Permit (TRP) is a document that enables someone who is inadmissible to Canada to temporarily visit Canada for a specified period of time.  A TRP should only be applied for with good reason, as it is not typically intended for use as a means to gain entry to Canada for leisure purposes.  Ultimately, the decision to issue a TRP to circumvent a drunk driving conviction rests with the Canadian immigration officer who assesses the application.  Individuals not yet eligible for Criminal Rehabilitation may find a TRP a helpful solution to DUI inadmissibility.

Under Canadian immigration law, a Temporary Resident Permit can be valid for up to 3 years, depending on the merits of the application.  The Temporary Resident Permit application process is subjective and serious applicants should consult a Canadian immigration lawyer before applying.  Citizenship and Immigration Canada strongly encourages individuals to mail their TRP applications to a designated Canadian consulate for processing.  However, in certain circumstances, Temporary Resident Permit issuance may be sought from Canadian immigration authorities at a port of entry (airport, seaport, or border crossing).

Criminal Rehabilitation – Permanent Solution

Criminal rehabilitation is a petition submitted by a foreign national to request Canada forgive any, and all, prior DUI convictions.  In order to be eligible to submit a criminal rehabilitation application, 5 years must have elapsed since the completion of all DUI sentencing, probationary periods and fines.  Once an individual undergoes the criminal rehabilitation process, they have a fresh start and will no longer be denied entry to Canada due to DUI.

Criminal rehabilitation application processing times can be lengthy.  Applicants are encouraged to make plans to rectify criminal inadmissibility well in advance of travel to Canada.

Deemed Rehabilitation

In certain instances an individual may be Deemed Rehabilitated after being convicted of a singular DUI.  For example, if 10 years have elapsed since the completion of all sentences, fines and probationary periods, as well as other requisite criteria.  Under such circumstances, Canadian immigration authorities may disregard the prior drinking and driving conviction.

To speak with a Canadian immigration lawyer about entering Canada with a DUI, DWI, DWAI or other alcohol-related drunk driving conviction, contact First Immigration Law Firm toll-free @ 1-855-360-4333 in North America.

Additional DUI Resources

• How To Apply For A Temporary Resident Permit for Canada
• Criminal Rehabilitation for Canada
• Are You Allowed In Canada With A DUI?
• Deemed Rehabilitation for Canada

Canada DUI Changes in 2018

Bill-C46 upped the maximum charge for DUI (Driving under the influence – same as DWI ) in Canada to a 10-year prison sentence. This meant that a DUI charge was also upgraded to become a major offence or “serious criminality” for legal purposes. It’s the upgrading of a DUI to be considered “serious criminality” that changed crossing with a DUI going forward.

Prior to December 18th,2018 a foreign DUI charge was a considered a minor offence as the Canadian criminal charge was a maximum of 5 years in prison. Border officials would allow visitors from the US and other countries to enter provided that ten years had passed since they completed their sentencing requirements for their DUI charges. So basically, after any fines or time served were completed, waiting a further 10 years would give a person without other charges a very good chance of being “deemed rehabilitated”. Deemed rehabilitation would allow people with old DUI’s to enter Canada.

When the maximum charge for a DUI in Canada was increased to 10 years in prison, “deemed rehabilitation” no longer applied as the previously minor offence was now a major offence.

DUI Entry Rules Changes Affected Millions

The scope of the problem was enormous. Tens of millions of Americans and people from around the world became inadmissible over night. Truck drivers, airline pilots, visitors of all kinds, would be potentially inadmissible. The effect of the changes would also cause problems for people immigrating or seeking refugee status in Canada. From what we have been able to learn, the Canada Border Services Agency (CBSA) did not immediately enforce the rule changes. Potentially millions of visitors would have had to pay to apply for rehabilitation and then wait up to a year to gain entry to Canada.

DUI Entry Rule Changes in 2019

Early in 2019 Canada’s Immigration Minister’s made a statement in the media, “anyone deemed rehabilitated for an impaired driving offence outside Canada before December 18, 2018…” “…would not need to reapply for relief to overcome inadmissibility due to that same offence.”
Deemed rehabilitation was grandfathered in for any foreign national convicted of a DUI prior to December 18, 2018. It should be noted that this is simply a policy and not a legal change. Policies are subject to change as the administration deems fit. This means a change in government could potentially mean a change in this policy.

How Long Do You Have to Wait to Go to Canada After A DUI?

Right now, with no other criminal charges, the waiting period for anyone with a DUI conviction prior to December 18th, 2018 is 5 years with an application and 10 years without a formal application. The waiting period begins after their full sentencing requirements are completed. Any additional criminal charges will require the application for “criminal rehabilitation” be made.

Automatic eligibility for entry to Canada with an old DUI requires a waiting period of 10 years after sentencing requirements are completed. This has been grandfathered for convictions prior to December 18th, 2018.

Questions?

Everyone’s situation is unique and it’s always a good idea to ask questions to get the correct answers. For a free consultation simply give Mitch a call T (204) 488-6350 or 1-800-438-7020. Alternatively, you may complete the contact form on this page.

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