Unfortunately, getting into Canada with a DUI is not as simple as showing up at the border with a valid United States passport. If you have ever been arrested or convicted for driving under the influence of drugs or alcohol, regardless of whether it was a misdemeanor or felony offense, you may be criminally inadmissible to Canada and denied entry. Even if you do not have any intention to drive while in the country, a DUI (including civil infractions and “physical control” violations) can cause you to get turned away at the border and can impede your eligibility across all Canadian immigration programs. There is also no presumption of innocence at the Canadian border, so even a DUI charge pending trial can result in a denial.
How to Obtain Permission to Enter Canada with DUI
Most people reading this want to learn how to get into Canada with DUI as simply and easily as possible. To overcome criminal inadmissibility to Canada, a person must correctly apply for and then successfully receive permission from Canadian authorities to visit the country. Getting such permission to enter Canada can be a highly complex legal process that could easily overwhelm someone without professional assistance. Criminal inadmissibility to Canada as a result of a DUI or DWI can be overcome in two different ways:
Temporary Solution The first option is a Temporary Resident Permit (TRP), which can allow a person with a DUI to enter or stay in Canada for a specific period of time provided they have a valid reason to visit. A Temporary Resident Permit can be extremely helpful for individuals who are not yet eligible for the permanent solution of Criminal Rehabilitation, and it is possible for a TRP to be valid for multiple visits for as long as three years provided the individual’s application is strong enough. A Canada TRP can take a while to obtain, so it is best to apply well in advance of your intended travel date.
Permanent Solution The second option is Criminal Rehabilitation (CR), which is an application process whereby a person petitions Canadian immigration authorities to forgive their prior DUI conviction forever. To be eligible to apply for Criminal Rehab, five years must have passed since the sentence was fully completed including payment of fines, community service, classes, probation, and any other conditions which may have been imposed by the court. Successfully completing the Rehabilitation process gives an individual a fresh start and can allow them to enter Canada freely again. Unlike a Temporary Resident Permit, which is only good for a fixed amount of time, Criminal Rehabilitation never needs to be renewed and can provide access to Canada for life. Whether traveling for business or pleasure, the peace of mind and convenience of being able to go to Canada any time without ever worrying about being denied entry for a DUI makes this solution especially attractive to eligible individuals.
Deemed Rehabilitation An American may be “deemed rehabilitated” if they only have a single conviction that is not considered serious criminality in Canada and enough time has passed since completion of all sentencing including any probation. Prior to December 2018, if a visitor could prove it had been more than ten years since the sentence was finished, and he or she had no other arrest history, Canadian authorities may disregard an old DUI and grant the person entry into the country. This policy has since changed! As of December 2018, a DUI is a serious crime in Canada and such an offense no longer qualifies for automatic Deemed Rehabilitation after ten years. This significant change is due to the Government of Canada implementing tough new DUI laws that increased the maximum length of imprisonment to a decade. Consequently, impaired driving offenses are now considered too serious to qualify for Deemed Rehabilitation, and an American with a single DUI can now be denied entry at the Canadian border even if the incident happened more than ten years ago.
If an offense occurred before December 18th, 2018 (when the law changed) and it has been more than ten years, it may be possible to claim “grandfathered” Deemed Rehabilitation but it is imperative to consult with a Canadian immigration lawyer to determine your eligibility. Now that impaired driving is considered a major crime in Canada, it is advisable that any American with a DUI, DWI, OWI, OVI, OUI, DWAI, wet reckless, or any other intoxicated driving arrest or conviction in their past speak with a professional about their admissibility before attempting to enter Canada. If you have two or more drunk driving violations or other excludable criminal convictions on your record, you will likely never be deemed rehabilitated by virtue of time and may be refused entry at the Canadian border without a Temporary Resident Permit or Criminal Rehabilitation even 20+ years later.
To maximize your likelihood of getting into Canada with a DUI, it is important to consult with an experienced Canadian immigration lawyer who can help you take the necessary steps before and during your application to have the highest possible chance of being approved. Why risk having to explain to friends, family, or co-workers that you were denied entry to Canada? Our Canadian immigration attorney has extensive experience helping Americans overcome criminal inadmissibility issues so that they can successfully travel to Canada with a DUI or similar offense in their past. Let us take care of the hard work for you; we are excellent at this! Contact our team today for a free consultation!
Coronavirus Update (October 1st 2022)
Due to COVID-19, the Canadian border was closed to non-essential travel such as tourism for nearly 17 months. Canada’s border is now open to all Americans regardless of vaccination status! As of October 1st 2022, proof of vaccination is no longer required when entering Canada, and unvaccinated US citizens and Green Card holders are welcome to visit. During the pandemic, the Canadian consulate remained active and continued to accept applications for special permission to enter Canada with a DUI.
Why Exactly Does Canada Deny Entry to People with a DUI?
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 a nutshell, because a misdemeanor DUI from the United States equates to an offense north of the border that could be considered serious, Canadian border agents treat a US DUI as a serious crime.
Many Americans are shocked to learn how difficult entry into Canada with DUI charges can be. The Canadian border now has full access to the FBI criminal database via the country’s CPIC database, which is operated by the RCMP and interfaced with the United States National Crime Information Center (NCIC). Consequently, a traveler can be instantly red-flagged for a DUI or DWI as soon as they present their US passport at border security. 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.
Legal Basis for Denying Americans That Have a DUI
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.” IRPA 36 3a then specifies “an offense that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offense.” This allows Canada to keep out foreign nationals who have been convicted of a potentially indictable offense such as felony assault, fraud, or drug trafficking, but also allows them to deny entry to people convicted of a hybrid offense such as a misdemeanor for driving while impaired.
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. Even civil DUI infractions, such as DWAI in New York or OWI in Wisconsin, can block an American citizen from visiting Canada despite being a traffic violation not a criminal conviction.
Can You Go to Canada If You Have a DUI Charge Pending?
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. The Immigration and Refugee Protection Act (IRPA) is the legislation that determines whether entry into Canada for a non-Canadian may be denied on grounds of inadmissibility. 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. Once a person is arrested on suspicion of drunk driving, until they have adequate proof there is a 0% chance they will ever be convicted, such as evidence of a dismissal, they could face big problems if they try to enter Canada. 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.
Can You Enter Canada with a DUI If You Will Not Be Driving?
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.
Can I Get Into Canada with a DUI for Drugs (No Alcohol)?
A DUI in the USA does not have to be alcohol-related in order for Canada’s border security officers to deny entry for criminality. Going to Canada with a DUI drugs (DUID) can be as difficult as crossing the border with a DUI alcohol. 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.
Does It Matter Which State the DUI Occurred?
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. The precise wording of documents related to an acquittal, absolute discharge or conditional discharge, pretrial diversion agreement, deferred adjudication, deferred prosecution agreement (DPA), deferred disposition (suspended sentence), probation before judgment (PBJ), expungement/dismissal, or pardon can also vary from state to state.
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.
Our legal team has assisted hundreds of US citizens and Green Card holders from coast to coast with Canada DUI entry. Concentrating on helping Americans travel to Canada with a DUI, our Canadian immigration lawyer is licensed and qualified to provide legal assistance to residents of all 50 states including Alaska (AK), California (CA), Colorado (CO), Florida (FL), Michigan (MI), Minnesota (MN), New York (NY), Ohio (OH), Texas (TX), Washington (WA), and Wisconsin (WI). 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!
Will the People I Am Traveling with Find Out I Have a DUI?
Entering into Canada with a DUI first offense is stressful enough by itself, but worrying that bosses, co-workers, employees, business partners, girlfriends/boyfriends, or other people traveling alongside you will learn about your impaired driving charge at the border can be intensely disconcerting. 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!
Refused Entry to Canada?
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. For more serious cases, Canadian border officials might issue a Section 44 Report and forward the case to the Immigration and Refugee Board (IRB). 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.
How to Travel to Canada with a DUI
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. Even if a person has no prior criminal history, a single misdemeanor DUI can now render a foreign national inadmissible to Canada for life. A criminal conviction for driving under the influence of alcoholic drinks does not necessarily mean a person will never be allowed to cross the border, however, it simply means they may require special governmental permission before traveling to Canada with a DUI.
If a foreign citizen is inadmissible to Canada because of an arrest or conviction in their past, and he or she does not wish to avoid the nation, they have the option to prepare and file a Criminal Rehabilitation application if all sentencing has been finished for a minimum of five years. If approved for Rehabilitation, any past DUI convictions will no longer be an obstacle when going to Canada. If a person already has a trip planned and will be visiting soon, filing a TRP application may be acceptable. Canada Temporary Resident Permit eligibility and document requirements have recently changed. For example, applicants living in the USA should now include a fingerprint-based FBI Identity History Summary in their application package. Applicants should also provide evidence of an important reason for traveling, such as a business trip. This is one of the many reasons it may be important to work with an immigration lawyer familiar with the 2023 Canada DUI Entry rules (as well as any scheduled DUI Canada entry 2024 changes).
Traveling to Canada with DUI Expungement
Visiting Canada with a DUI expungement, or after receiving a pardon or discharge for a crime, can still be tricky for American citizens. Occasionally, a state or county “pardons” or “discharges” a person’s crime, or allows the record to be expunged after a period of time. This does not automatically guarantee the individual can enter Canada normally, however, and they should consider contacting a qualified legal professional to see how CBSA agents might view the pardon. In some cases, an expunged misdemeanor may be equivalent to a Record Suspension in the Great White North, but in other situations it might still be viewed as a full conviction. Even after you expunge a DUI conviction in the United States, or have your criminal record sealed, it will still be visible to Canadian border officers. Consequently, anyone with a criminal history related to drinking and driving in America should ensure they are well-prepared before traveling to Ontario, Quebec, BC, or any other part of Canada.
There are examples of people being denied entry by Canada even after participating in an expunging program, as well as the refusal of entry of individuals who have been officially pardoned by the local jurisdiction. Depending on the exact situation, it may be possible for an American to still be considered inadmissible to Canada even after their DUI conviction has been pardoned, sealed, or expunged. Although getting into Canada after a DUI expungement is often possible with the right documentation, not all United States expungements are considered non-convictions under Canadian law. Consequently, if you have ever been convicted of operating a motor vehicle while impaired, it is always advisable to speak with a lawyer before traveling to Canada even if it has been properly expunged.
In situations where a driving under the influence expungement may no longer be treated as a conviction by Canada, a Legal Opinion Letter can help explain exactly why a person should be considered legally admissible to the country under Canadian law. It does not matter if a person is traveling with a tour group to see Niagara Falls, attending a wedding in Toronto with their husband or wife, or going fishing or hunting in Canada’s backcountry wilderness, any crime on a foreign national’s record that possibly equates to a serious offense in Canada could become a problem at the border. Consequently, before going to Canada with DUI charges visible on your background check it may be smart to adequately deal with them. At the end of the day, entering Canada with DUI charges is at the total discretion of border agents who consider a person’s unique situation particularly how long ago the incident transpired, how the offense equates to Canadian law, as well as the party’s reason for visiting.
Driving to Canada vs. Flying Into Canada
The legality of DUI travel to Canada is the exact same regardless of what method of transportation is used, so flying to Canada with a DUI does not officially increase a person’s probability of getting in compared to driving there. Even if a person will not be driving while in Canada, they can still be blocked from entering the country if they have a DWI. This means a passenger in a vehicle can be turned away at the border because they once drove drunk, even if the driver has a clean record. It also means flying into Canada with a DUI can be problematic even if the individual will not be renting a car and has no plans to operate a motor vehicle during their trip.
Entering Canada with a DUI can be equally difficult for American men and women. This is because there is no sex discrimination at the border since both males and females are equally capable of drinking and driving while visiting Canada. In a nutshell, any foreign citizen who has ever been convicted of driving impaired in the United States of America may be at risk of a border denial regardless of how they arrived at a Port of Entry, what they plan to do inside Canada, how long they plan to stay, or what they look like. People who are denied a NEXUS card because of a DUI could find that the NEXUS refusal brings their criminal past to the attention of the Canadian border, which could lead to them being denied entry on their next visit. For this reason, it is advisable for any American who receives a NEXUS rejection due to a misdemeanor DUI to consult a qualified immigration lawyer before their next trip to Toronto, Vancouver, Calgary, Montreal, Ottawa, or any other Canadian city.
Can I Go to Canada with a DUI?
The most common question our law firm gets asked is: can you get into Canada if you have a DUI? There is no simple answer, however, it all depends on the precise situation. It is impossible to accurately respond with a yes or no to a generic question such as can you travel to Canada with a DUI, since every situation is unique. In general, travel to Canada with DUI on your record is possible as long as you have obtained special permission to enter or are not classified as inadmissible. Since a misdemeanor DUI conviction frequently renders a foreign national inadmissible on grounds of criminality, many Americans that do have a DWI are at risk of getting denied at the border unless approved for Rehabilitation or a Canada entry waiver. In some cases, Canadian admissibility can be very tricky to determine without assistance from an experienced immigration lawyer.
Wondering if you can get into Canada with a misdemeanor or felony DUI in your past? Questions about your specific situation? Contact our law office now for a free consultation!
What About Other Offenses for Driving Impaired?
By now you probably know it can be tremendously difficult to enter Canada with DUI convictions, but what about other types of offenses related to driving while drunk or driving with a “buzz”? Driving under the influence of alcohol (D.U.I.) is the most common acronym used in the USA, but almost any conviction related to intoxicated operation of a motor vehicle can be equated to a serious crime in Canada. “Operating” includes people with physical control of a vehicle, even if they were parked and did not plan to drive, and “motor vehicle” includes boats, motorcycles, all-terrain vehicles (ATVs), and dirt bikes, in addition to cars and trucks.
Impaired driving charges that can potentially make someone inadmissible for international travel include OMVI (Operating a Motor Vehicle while Intoxicated), OVI (Operating a Vehicle Impaired), DUIL (Driving Under the Influence of Liquor), DUII (Driving Under the Influence of an Intoxicant), OUI (Operating Under the Influence), DUAC (Driving with an Unlawful Alcohol Concentration), DWUI (Driving While Under the Influence), and DUBAL (Driving with an Unlawful Blood Alcohol Level). Civil traffic violations, such as Operating While Intoxicated (OWI) and DWAI (Driving While Ability Impaired), can also render an American inadmissible to Canada despite being a traffic ticket not a criminal conviction.
Even if a charge for impaired operation is reduced to wet reckless driving, dry reckless driving (no mention of intoxication), dangerous driving, negligent driving, or careless driving, a visitor may still be considered criminally inadmissible according to Canadian law. If you were charged with boating under the influence of alcohol (BUI), or even some obscure charge such as operating a motorized lawn mower or golf cart while intoxicated, your ability to go to Canada can also be effected. Travel to Canada from US with DUI or similar charges appearing on your file can sometimes be hard, so the best strategy is to plan ahead.
How to Visit Canada with DUI
Americans can obtain permission to enter Canada with a driving under the influence conviction by getting approved for a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). Both applications are complex, however, and statements made when petitioning the Government should be supported with adequate documentation. Some of the supporting documents that may be required for a TRP or CR application are multiple letters of recommendation, a drivers abstract, federal and state police records, proof of completion of all sentencing, and a letter written by the individual explaining why they did what they did and how they have changed and no longer pose a risk to society.
Evidence a sentence was fully completed can include a receipt for payment of fines, a certificate for attending a MADD Victim Impact Panel, an Ignition Interlock Device (IID) removal document, or a reference stating you went to Alcoholics Anonymous meetings. If the DUI is old and the court documents have been purged, consider asking the court clerk for a letter or email stating the court disposition was requested but is no longer available. Anyone hoping to visit Canada with a DUI may also need a document from a local police department stating that there is not an active warrant out for their arrest. Unlike DUI classes, probation, or a court-imposed license suspension / conditional driver’s license, SR-22 insurance is typically not viewed by Immigration Canada as part of an offender’s sentence.
When reviewing a request for permission to go to Canada with a DUI, the Canadian consulate may perform a deep background check on the applicant in an effort to find any other crimes they have ever committed. This can include crimes such as mischief, theft, dangerous driving, reckless driving, trespassing, assault, disorderly conduct, public intoxication (PI), possession of marijuana, underage consumption / underage possession of alcohol, domestic violence, and various firearm offenses. Many Americans know it can be tough to get into Canada with a DUI, but not everyone realizes other misdemeanor or felony convictions can also be problematic. Similar to visiting Canada with DUI convictions, foreign citizens with other types of criminal offenses in their past may also need to successfully petition the Canadian Government for entry permission.
Assessment at Border
Canada Border Services Agency (CBSA) officers can turn away any non-Canadian citizen or permanent resident who wants to visit the nation for a large number of reasons including health problems, financial issues, past criminal convictions, or because they pose a general security risk. Immigration officials determine the admissibility of travelers seeking to enter Canada on a case-by-case basis. Consequently, your friend getting into Canada with a DUI does not mean you will be allowed to enter Canada with a DUI as well. Each visitor is assessed by border agents on each visit, so even if you have successfully traveled to Canada with DUI convictions in the past there is no guarantee you will be admitted in the future.
If You Have a DUI Can You Go to Canada for Business?
Going to Canada with a DUI for work purposes can be easy if a person plans ahead and obtains Rehab or is issued an entry permit in advance of travel. Unfortunately, many American citizens and residents do not realize that a DWI can result in Canada denying them entry until they are stopped by CBSA. Even if you ask the average DUI attorney in the United States: can you get into Canada with a DUI? Some of them will not know that an impaired driving conviction can have repercussions when traveling internationally. If you are criminally inadmissible because of a drunk driving incident but you only learn about the Canada DUI entry laws shortly before a business trip, you may need to decide between canceling your travel plans and applying for a TRP at the border. The second option is potentially a risky maneuver, even if entering Canada for work.
Business travelers may be able to enter Canada with a DUI by obtaining special permission to cross the border with a misdemeanor ahead of time, but doing so can be difficult. When it comes to crossing into Canada with a DWI, a foreigner’s TRP application should contain details of what lead to the initial arrest and why entering Canada is important for them. Every application is unique, so a colleague or family member getting approved for DUI Canada entry certainly does not guarantee you will as well. For example, being stopped at a random police roadblock can be viewed differently than if a police officer identified your vehicle as traveling at excessive speed or crossing double lane lines and consequently performed a traffic stop. A person’s blood alcohol level can also be a factor; there is a difference between driving drunk and driving with a slight buzz, so the results of a standard field sobriety test or blood test can impact a TRP application. Likewise, needing to enter Canada because your company’s head office is located there, or because you are a pilot or flight attendant, is certainly not regarded the same as wanting to visit for a vacation.
DUI Entry Canada with Multiple Convictions
You can go to Canada if you have a DUI conviction by acquiring a Temporary Resident Permit entry waiver or becoming rehabilitated through an appropriate government office or border station. If a person has several DUIs, however, applying for a TRP or Criminal Rehabilitation may be onerous. For people wondering how to enter Canada from USA with a DUI, it is imperative to recognize that a second offense often makes it much more difficult to be approved since it will be harder to convince officials that you have reformed if you have made the mistake or poor choice to drink and drive more than once. Since restrictions on entry to Canada can prohibit foreign nationals from crossing the Canadian border with a criminal record unless sanctioned by the Government, some Americans simply avoid international travel to their northern neighbor if they have multiple DUIs.
Success Rates for Traveling to Canada with a DUI
No immigration lawyer should ever speculate on the exact percent chance someone has of successfully entering Canada with a DUI conviction or guarantee a client will get approved for a TRP or Rehabilitation. Doing so would not be reputable, because a lawyer can only estimate the strength of an application but will never know for sure if it Immigration, Refugees and Citizenship Canada (IRCC) or CBSA authorities will approve it. Each and every case is unique, and past results are not necessarily indicative of future results. For example, it is very possible for one American with three DUIs to receive an approval, and another on the same day at the same location with only two DUIs to not be approved.
When attempting to travel to Canada with a DUI conviction, an incomplete IRCC application form, lack of supporting documents, or the officer’s personal opinion or gut instinct can all have a sizable impact on the final outcome. A person’s reason for coming to Canada can also play a decisive role. If you are an artist, actor, professional athlete, musician, or entertainer, or are traveling to assist one, phone our team today to learn how you can apply to be granted entrance to Canada with a DUI via a “national interest” narrative. Tour managers, security personnel, stagehands, publicists, band members, light or sound technicians, coaches, and documentary filmmakers that need to visit Canada can all potentially apply under this narrative.
Canadian entry with DUI is often required by people whose occupation sometimes demands they travel north of the border. From a California computer programmer needing to attend a mobile app development conference in Vancouver, to a New York investment banker trying to land a deal with a Bay Street hedge fund in Toronto, there are thousands of reasons for crossing the Canadian border with a DUI as a business professional. Our team also has experience helping airline staff fly to Canada with a DUI and commercial truck drivers cross the border with a criminal history. We have also helped many entrepreneurs travel to Canada with DUI charges or convictions, as well as people that own real estate in the country.
What Are the Chances of Entering Canada with DUI?
When evaluating whether or not to bother applying for a TRP, many people ask themselves: what are my chances of entering Canada with a DUI? Every person’s situation is unique, and no reputable professional will ever be able to provide an exact probability of success. Another intelligent question is: what are the consequences of being denied entry to Canada? If a person is just taking a short vacation across the border, perhaps they are willing to accept the risk of being refused entrance. If a person wants to go to Canada with a DUI to attend a business function, however, their risk tolerance likely goes way down. If you wish to secure admittance before attempting to cross the border, the lowest stress route is applying for entry permission from the Canadian Government in advance of travel via a Temporary Resident Permit or Criminal Rehab.
How Can a Lawyer Help Me Enter Canada?
Some Americans attain legal help from a licensed practitioner when applying for DUI Canada entry. We are a Canadian immigration law firm whose core practice area is admissibility, so we are very familiar with the regulations that can bar a foreign national from traveling to Canada. Many people search the Internet to learn how to visit Canada with a DUI, but there is a lot of inaccurate information on the topic. Some Reddit users talk as if every person in the USA that has a misdemeanor is in the exact same situation when it comes to crossing the border, which is ridiculous. At the end of the day, determining how a crime committed in the United States translates to the Criminal Code of Canada can be extremely challenging. For example, there is not always an equivalent offense under Canadian federal law. The DUI laws in Canada also changed in 2018, which can make finding the equivalent crime in Canada extra confusing for convictions in the United States related to driving impaired. For this reason, without assistance from a lawyer it is not always clear who needs to apply for TRP or Criminal Rehabilitation access and who does not.
We not only offer free consultations to people looking to fly into Canada with a misdemeanor or felony intoxicated driving conviction, we can help foreign nationals with just about any Canadian criminal inadmissibility issue. Whether you have a conditional discharge for drug possession and want to cross the border for a vacation, or are a Temporary Foreign Worker wondering how a DUI arrest in Canada will affect your immigration status, call us today for a free consultation. The presumption of innocence until proven guilty, a core judicial principle in both the United States and Canada, also does not apply at the Canadian border. As a result, a person with pending charges for an offense that could be considered indictable north of the border could be barred from entering Canada even in the absence of a conviction. Consequently, if you have ever been arrested or charged with intoxicated driving in the USA, CBSA authorities may question you about it even if you were never convicted.
If you wish to travel to Canada with DUI charges or convictions in your past, you have the option to hire an immigration attorney to assist you. An experienced admissibility lawyer can help Americans go to Canada with a DUI misdemeanor by helping them try to procure a Temporary Resident Permit or Rehabilitation. For some people, the rules around Canada and DUI entry are scary or annoying enough that the individual decides to just stay away from the nation. For others, however, the inability to fly to Canada for business purposes because of a DUI allegation or conviction can jeopardize their employment. In such cases, a person will often request special permission to cross the Canadian border with a DUI which involves showing they are a law-abiding citizen who will never drive after drinking alcohol again.
Does It Matter Where in Canada I Intend to Travel?
Successfully entering Canada with DUI charges does not necessarily depend on where in Canada you plan to visit or what your First Port of Arrival (FPOA) will be. Since the admissibility of someone from the United States of America attempting to enter Canada is determined by Canada’s federal criminal and immigration laws, it does not matter which province an individual intends to visit. If you plan to use an experienced attorney to assist you in entering the country with a DWI, you may be happy to know that we have provided our services and legal advice to hundreds of Americans interested in entering Canada with a DUI. Our Canadian immigration lawyer is licensed to practice in Canada and can help US citizens enter every province & territory in Canada including British Columbia (BC), Alberta (AB), Ontario (ON), and Quebec (QC). This means the CanadaDUIEntryLaw.com team and our Canada immigration lawyer can help you with DUI travel to Canada regardless of your planned destination. It also does not matter which specific Port of Entry you arrive at, whether it be by car or bus at a land border, by plane at one of the many Canadian airports such as Toronto’s Pearson Airport, or by cruise ship in Vancouver or Victoria BC.
Sitting there reading this wondering: can I enter Canada with a DUI? We encourage you to call us today to get real answers to your questions thanks to our free 1 on 1 consultations. Our goal is to help make traveling to Canada with DUI as easy as possible for our clients!