Planning a family trip to Canada can be exciting, but a past DUI can throw a wrench into your plans. Can You Travel To Canada With A Dui? At familycircletravel.net, we provide expert guidance to help families navigate these challenges. A prior conviction for driving under the influence can cause inadmissibility, so it’s important to understand the requirements. Let’s explore everything you need to know to make your family trip to Canada a reality, including legal requirements, temporary solutions, and permanent resolutions for DUI-related travel restrictions, ensuring a smooth and stress-free journey for your family.
1. Understanding DUI Inadmissibility to Canada
Have you ever been arrested or convicted of driving under the influence? Getting into Canada with a DUI is not as simple as presenting your passport at the border. If you have, regardless of whether it was a misdemeanor or felony, you may face criminal inadmissibility and be denied entry. Even without any intention of driving in Canada, a DUI can cause problems at the border and affect your eligibility for all Canadian immigration programs. There is also no presumption of innocence, so even a pending DUI charge can result in a denial.
Why Does Canada Deny Entry to People with a DUI?
In Canada, serious offenses are considered “indictable,” while less serious offenses are considered “summary.” If you have committed an act that could be considered an indictable offense in Canada, you may be deemed criminally inadmissible. Driving under the influence is a hybrid offense, meaning it can be either summary or indictable, depending on the situation. Even though most DUIs in Canada are summary offenses, the potential for an indictable offense makes it a potentially excludable act for foreign nationals. Therefore, a misdemeanor DUI from the United States can be treated as a serious crime by Canadian border agents.
Many Americans are surprised by how difficult it can be to enter Canada with DUI charges. The Canadian border has full access to the FBI criminal database via the CPIC database, operated by the RCMP and interfaced with the United States National Crime Information Center (NCIC). This means you can be instantly flagged for a DUI as soon as you present your passport. Even a DUI arrest without a conviction can cause you to be rejected, as the original arrest will still be visible to border officers.
What is the Legal Basis for Denying Americans with a DUI?
Section 36 of Canada’s Immigration and Refugee Protection Act (IRPA) states that foreign citizens can be criminally inadmissible if they have been convicted of an offense outside Canada that would constitute an indictable offense if committed in Canada. IRPA 36 3a specifies that “an offense that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offense.” This allows Canada to deny entry to people convicted of a hybrid offense such as a misdemeanor for driving while impaired.
Canadian immigration regulations view DUIs as serious offenses, meaning a single impaired driving incident in the United States can bar you from visiting Canada forever. Even if a DUI charge was reduced to wet reckless driving, it will typically still equate to a full DUI in Canada since impairment was involved.
2. How to Overcome DUI Inadmissibility
Want to know how to get into Canada with a DUI? To overcome criminal inadmissibility, you must apply for and successfully receive permission from Canadian authorities to visit the country. This legal process can be complex, so consider seeking professional assistance. There are two main options:
2.1. Temporary Resident Permit (TRP)
Need a temporary solution? A Temporary Resident Permit (TRP) allows a person with a DUI to enter or stay in Canada for a specific period, provided they have a valid reason to visit. A TRP can be helpful for those not yet eligible for Criminal Rehabilitation. It can be valid for multiple visits for as long as three years if your application is strong enough. Since obtaining a TRP can take time, apply well in advance of your intended travel date.
2.2. Criminal Rehabilitation (CR)
Looking for a permanent solution? Criminal Rehabilitation (CR) is an application process where you petition Canadian immigration authorities to forgive your prior DUI conviction forever. To be eligible, five years must have passed since you completed your sentence, including fines, community service, classes, probation, and any other conditions. Completing the Rehabilitation process gives you a fresh start and allows you to enter Canada freely again. Unlike a TRP, Criminal Rehabilitation never needs to be renewed and provides access to Canada for life.
Whether for business or pleasure, the peace of mind and convenience of being able to go to Canada any time without worrying about being denied entry makes this solution especially attractive.
2.3. Deemed Rehabilitation: A Tricky Exception
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 completing all sentencing, including any probation. Before December 2018, if a visitor could prove it had been more than ten years since the sentence was finished, and they had no other arrest history, Canadian authorities may disregard an old DUI.
However, as of December 2018, a DUI is considered a serious crime in Canada. This means it no longer qualifies for automatic Deemed Rehabilitation after ten years. This change is due to the Government of Canada implementing new DUI laws that increased the maximum imprisonment length to a decade. As a result, even with a single DUI, you can be denied entry at the Canadian border, even if the incident happened more than ten years ago.
If the offense occurred before December 18th, 2018, and it has been more than ten years, you may be able to claim “grandfathered” Deemed Rehabilitation, but consult with a Canadian immigration lawyer to determine your eligibility. Since impaired driving is now considered a major crime in Canada, it is advisable to speak with a professional about your admissibility before attempting to enter Canada if you have any intoxicated driving arrest or conviction in your past. If you have two or more drunk driving violations or other excludable criminal convictions, you will likely never be deemed rehabilitated by virtue of time and may be refused entry without a TRP or Criminal Rehabilitation, even after 20+ years.
3. Specific DUI Scenarios and Their Impact on Canadian Entry
Is a DUI charge pending? When determining eligibility to travel to Canada with a DUI arrest, what matters is what the possible crime equates to under Canadian law. According to the Immigration and Refugee Protection Act (IRPA), a pending DUI charge is treated as “under indictment” and potentially excludes you from entering. The onus is always on you to prove your admissibility when challenged by a Canada Border Services Agency (CBSA) officer. Until you have adequate proof that there is a 0% chance of conviction, such as evidence of a dismissal, you could face big problems if you try to enter Canada.
3.1. Reduced DUI Charges
Even a reduced DUI charge does not guarantee smooth sailing when entering Canada. The reduction of charges to some lesser charge such as reckless driving or careless driving can still cause you to be denied entry. This is because dangerous operation, even without impairment, is also a serious crime. 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 is advisable.
3.2. Non-Driving Situations
Can you enter Canada with a DUI if you will not be driving? You can still be stopped from crossing the border even if you will not be operating a vehicle during your visit. Canadian immigration regulations do not distinguish whether you intend to drive while visiting or not. Consequently, you may require Criminal Rehabilitation or a TRP to travel successfully to Canada with a DUI conviction, regardless of your intended transportation plans once in the country.
Even if a friend or family member 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.
3.3. Honesty at the Border
Some believe that you can enter into Canada with a criminal history as long as you do not disclose it at the border. This is false, as the Canadian border has unlimited access to US criminal databases and a past charge or conviction can instantly flag you upon arrival. 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 you to be turned back at a land border crossing or detained and flown home upon landing at an airport, regardless of how long you plan to stay in the country.
3.4. DUI for Drugs (No Alcohol)
A DUI does not have to be alcohol-related for border security officers to deny entry. Going to Canada with a DUI drugs (DUID) can be as difficult as crossing the border with a DUI alcohol. It is against the law to operate a vehicle while impaired by any legal or illegal drug. 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, it is illegal to operate a motor vehicle while on it.
4. DUI Laws Vary by State
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 vary from state to state, your admissibility can depend on the US state in which your offense happened. The precise wording of documents related to an acquittal, discharge, diversion agreement, or pardon can also vary from state to state.
Other violations added to impaired driving charges can further complicate matters, such as driving with a suspended license, no car insurance, damage to property, or refusing a breathalyzer. 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.
familycircletravel.net can connect you with experienced Canadian immigration lawyers who can provide legal assistance to residents of all 50 states. Our team can help make crossing the border into Canada with a DUI as easy as possible.
5. Keeping Your DUI Private
Entering into Canada with a DUI first offense is stressful enough, but worrying that others traveling with you will learn about your impaired driving charge at the border can be intensely disconcerting. 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 is to procure a Canada Temporary Resident Permit or Rehabilitation before your date of travel. A TRP may be obtained in advance of a trip to Canada, making it easier to cross the border discreetly. Applying for a TRP via a Canadian visa office commonly takes several months, which is too long for many. 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.
6. What to Do If Refused Entry
If you have already been denied entry to Canada because of a DUI conviction, it is very important not to return until legally able to do so. 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 you have received an official refusal of entry because of a criminal record for driving drunk, it is advisable to fix your inadmissibility before attempting to cross the border again. Any form of perceived non-compliance with CBSA instructions can significantly reduce your odds of being granted permission for DUI entry in the future.
7. Obtaining Permission to Enter 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. Even if you have no prior criminal history, a single misdemeanor DUI can now render you inadmissible to Canada for life. A criminal conviction for driving under the influence does not necessarily mean you will never be allowed to cross the border, but it does mean you may require special governmental permission before traveling.
If you are inadmissible to Canada because of an arrest or conviction in your past, and you do not wish to avoid the nation, you 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, any past DUI convictions will no longer be an obstacle when going to Canada. If you already have a trip planned and will be visiting soon, filing a TRP application may be acceptable.
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 Canada DUI Entry rules.
8. 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. 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 even after their DUI conviction has been pardoned, sealed, or 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 you should be considered legally admissible. Any crime on your record that possibly equates to a serious offense in Canada could become a problem at the border.
9. Flying vs. Driving 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 your probability of getting in compared to driving there. Even if you will not be driving while in Canada, you can still be blocked from entering the country if you 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 you will not be renting a car and have no plans to operate a motor vehicle during your trip.
Entering Canada with a DUI can be equally difficult for American men and women. There is no sex discrimination at the border since both males and females are equally capable of drinking and driving while visiting Canada. Anyone who has ever been convicted of driving impaired in the United States 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.
10. Can I Get Into Canada with a DUI?
The most common question is: can you get into Canada if you have a DUI? 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 you inadmissible on grounds of criminality, many Americans with a DWI are at risk of getting denied at the border unless approved for Rehabilitation or a Canada entry waiver.
11. Other Offenses for Driving Impaired
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”? 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, ATVs, and dirt bikes, in addition to cars and trucks.
Impaired driving charges that can potentially make someone inadmissible include OMVI, OVI, DUIL, DUII, OUI, DUAC, DWUI, and DUBAL. Civil traffic violations, such as OWI and DWAI, 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, you may still be considered criminally inadmissible according to Canadian law. If you were charged with boating under the influence of alcohol (BUI), your ability to go to Canada can also be affected.
12. Documents Needed 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, and statements made when petitioning the Government should be supported with adequate documentation. Some of the supporting documents that may be required are multiple letters of recommendation, a drivers abstract, federal and state police records, proof of completion of all sentencing, and a letter explaining why you did what you did and how you 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. 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.
13. 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.
14. Traveling to Canada for Business with a DUI
Going to Canada with a DUI for work purposes can be easy if you plan ahead and obtain Rehab or are issued an entry permit in advance of travel. Unfortunately, many Americans do not realize that a DWI can result in Canada denying them entry until they are stopped by CBSA. 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.
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. Your TRP application should contain details of what led to the initial arrest and why entering Canada is important for you. Every application is unique, so a colleague or family member getting approved for DUI Canada entry certainly does not guarantee you will as well.
15. Multiple DUI Convictions
If you have multiple DUIs, applying for a TRP or Criminal Rehabilitation may be onerous. 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 to drink and drive more than once.
16. 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 you will get approved for a TRP or Rehabilitation. Each and every case is unique, and past results are not necessarily indicative of future results.
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 can all have a sizable impact on the final outcome. Your reason for coming to Canada can also play a decisive role. If you are an artist, actor, professional athlete, musician, or entertainer, you can apply to be granted entrance to Canada with a DUI via a “national interest” narrative.
17. 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. 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.
18. How Can a Lawyer Help Me Enter Canada?
Some Americans attain legal help from a licensed practitioner when applying for DUI Canada entry. There is a lot of inaccurate information on the topic. Determining how a crime committed in the United States translates to the Criminal Code of Canada can be extremely challenging. 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 with just about any Canadian criminal inadmissibility issue. The presumption of innocence until proven guilty does not apply at the Canadian border. As a result, you could be barred from entering Canada even in the absence of a conviction.
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 you try to procure a Temporary Resident Permit or Rehabilitation.
19. 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. Since the admissibility of someone attempting to enter Canada is determined by Canada’s federal criminal and immigration laws, it does not matter which province you intend to visit.
20. FAQ: Traveling to Canada with a DUI
Here are some frequently asked questions to help you better understand traveling to Canada with a DUI:
20.1. Can I travel to Canada with a DUI conviction?
Yes, but you may need special permission. You can apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR).
20.2. How long after a DUI can I enter Canada?
You can apply for Criminal Rehabilitation five years after completing your sentence. A TRP can be applied for sooner if you have a valid reason to travel.
20.3. Will a DUI arrest without a conviction affect my entry?
Yes, even a DUI arrest without a conviction can cause you to be rejected at the border.
20.4. Is it better to fly or drive to Canada with a DUI?
The method of transportation does not affect your admissibility. The same rules apply whether you fly or drive.
20.5. Can I keep my DUI private from my travel companions?
Yes, it may be possible, especially if you obtain a TRP or Rehabilitation in advance.
20.6. What if I’ve had my DUI expunged?
Even with an expungement, the DUI will still be visible to Canadian border officers. You may still need special permission.
20.7. Can I enter Canada if I promise not to drive?
No, your intention not to drive does not affect your admissibility.
20.8. What documents do I need to apply for a TRP or CR?
You may need letters of recommendation, a driver’s abstract, police records, proof of completion of sentencing, and a personal letter explaining the situation.
20.9. What if I am denied entry at the border?
Do not attempt to cross again without addressing your inadmissibility. Consult with a Canadian immigration attorney.
20.10. Does it matter which state my DUI occurred in?
Yes, DUI laws vary by state, and this can affect your admissibility.
Planning a family trip should be an exciting adventure, not a stressful ordeal. At familycircletravel.net, we understand the challenges families face when planning travel, especially when a DUI is involved. That’s why we offer comprehensive resources and expert advice to help you navigate these complexities and create unforgettable memories with your loved ones. Whether it’s exploring the breathtaking landscapes of Banff National Park, enjoying the vibrant city life of Toronto, or discovering the historical charm of Quebec City, Canada offers a wealth of experiences for every family. Let familycircletravel.net be your guide to planning a smooth and joyful trip, ensuring that every member of your family can enjoy the wonders of Canada without worry. Contact us today to explore your options and start planning your worry-free family vacation.
Address: 710 E Buena Vista Dr, Lake Buena Vista, FL 32830, United States
Phone: +1 (407) 824-4321
Website: familycircletravel.net
With the right preparation and information, you can overcome DUI-related travel restrictions and enjoy a memorable family vacation in Canada. Let familycircletravel.net guide you every step of the way.
