Entering Canada with a DUI

Were you denied entry to Canada because of a past Driving Under the Influence (DUI) conviction or a driving offence? Having a DUI on your criminal record will make it challenging to enter Canada, but there are several legal options available to overcome this barrier.

Depending on your circumstances, an application for a Temporary Resident Permit (TRP), Criminal Rehabilitation (CR), or a Legal opinion letter may help you temporarily or permanently overcome inadmissibility to Canada. In special circumstances, you may be eligible to be deemed rehabilitated by the passage of time depending on the date you were convicted.

Can You Enter Canada With a DUI?

Driving offences such as DUI, DWI, DWAI, OWI, OVI, OUI, reckless operation, and reckless driving can impact your ability to enter or travel to Canada even if it is from several years in the past. Fortunately, there are still options available for you to enter Canada even with a DUI on your record.

In order to determine your eligibility for rehabilitation, you must identify the exact date that you were convicted. 

1. If you were convicted before December 18, 2018, the equivalent Canadian federal law would fall under Section 253 of the Criminal Code of Canada: “Operation while Impaired”, a hybrid offence punishable by a maximum of five years imprisonment. Since the maximum term of imprisonment is less than ten years, a DUI, DWI, DWAI, OWI, OVI, OUI conviction from before December 18, 2018 is not considered to be a serious criminality. Consequently, if you have a single DUI charge from before December 18, 2018, and ten years have passed since the completion of the most recent sentence, you can be automatically deemed rehabilitated. 
2. However, if you have multiple DUI charges from before December 18, 2018 or another non-serious criminal conviction on your record, you will never be eligible to be considered for deemed rehabilitation and must apply for a TRP or a CR to enter Canada. 
3. For convictions on and after December 18, 2018, Canada has decided to classify DUI charges as a serious crime under Section 320.14(1) of the Criminal Code of Canada: “Operation While Impaired”, a hybrid offence punishable by a maximum of ten years imprisonment. As a result, DUI charges are no longer eligible to be considered for deemed rehabilitation by the passage of time even after ten years. If you have a DUI charge on or before December 18, 2018, you must apply for a TRP or a CR to enter Canada.

Can you enter Canada with a Reckless driving/Reckless operation?

A reckless operation or a reckless driving conviction underwent the same change on December 18, 2018. Before, it was equivalent to the Canadian law “Dangerous operation of motor vehicles” under Section 249(1) of the Canadian Criminal Code, a hybrid offence punishable by a maximum of five years imprisonment. After December 18, 2018, Canada classified “Dangerous Operation” as an indictable offence punishable by a maximum imprisonment of ten years, making it a serious crime and thus not eligible for deemed rehabilitation by the passage of time.

How can I enter Canada with a DUI?

1. A temporary solution would be to apply for a Temporary resident permit (TRP) to enter Canada. You can do this by applying in advance to the consulate or at a Canadian Port of Entry. If it has not been five years since the completion of your most recent sentence for your DUI charge, a TRP might be your only option to be admissible to Canada.
2. A permanent solution would be to apply for a Criminal Rehabilitation (CR). An approved CR can deem you rehabilitated permanently to Canada until you are charged or convicted of another crime. This will wipe your criminal history clean for Canadian immigration purposes and you will no longer be considered inadmissible.
3. If you were convicted of a single DUI before December 2018 and believe you qualify to be deemed rehabilitated by the passage of time, it is still recommended that you travel with a legal opinion letter. A specialized lawyer can assess your criminality and confirm that you should be eligible for deemed rehabilitation or suggest another route to rehabilitation with their expertise. Especially for your first time crossing the border into Canada after being deemed rehabilitated, a legal opinion letter can aid you in a smoother delay-free entry into Canada.

How Does Canada know If I Have a DUI?

The Canadian Border Service Agency (CBSA) has uncensored access to all FBI databases, which means when an American national attempts to enter Canada, the CBSA officer will have access to their full criminal history through their passport. Even without a conviction or a guilty verdict, an arrest for a DUI will be visible to the CBSA officer considering your admissibility. Thus, if an offence exists on your FBI criminal history record, it will highly likely exist in the CBSA database and affect your admissibility.

Am I inadmissible to Canada If I Have a Pending DUI?

If you have no other prior arrests or convictions on your record, but you have a currently pending DUI, you may still be admissible to Canada as no conviction exists. This pending DUI will be visible to the CBSA officer if you are planning to cross the Canada-US border. It is up to the discretion of the CBSA officer to weigh the risks of letting you enter Canada and consider the possibility of you later being convicted of this serious crime. Entrance into Canada is determined case-by-case and the CBSA officer reserves the full authority to deny your entry into Canada. 

A legal opinion letter can be helpful in this light by explaining your unique circumstance and the low risk of conviction. A lawyer is able to provide credible explanation to the CBSA officer that your pending charge does not equate to a conviction and you should not be considered inadmissible to Canada. 

Click here to read more about pending charges.

Frequently Asked Questions

Am I still inadmissible if I do not plan on driving in Canada?

Yes, the CBSA officer will most likely not take into account whether you will be driving or not in Canada. The CBSA officer will need to assume that you have the potential to drive in Canada and consider all the risks of granting your entry. 

Can traffic violations make me inadmissible to Canada?

Minor traffic violations such as a speeding ticket or a parking violation will not deem you inadmissible to Canada. They will only affect your admissibility into Canada if they involve a serious criminal offence as well such as reckless driving, driving under the influence or a hit and run. However, it is important to note that if you have a history of multiple minor offences, it could cause a potential issue at the border. Consult a lawyer about your criminal history for more information. 

Is a DUI equivalent to a felony or a misdemeanor in Canada?

Canada does not have a concept of a felony or a misdemeanor. Criminal charges are either categorized as summary, indictable or a hybrid offence in Canada. A DUI is classified as a hybrid offence, in which it can be punished as either a summary or an indictable offence. The Crown has the authority to make the decision based on the specific circumstances of the crime. In other words, in Canada, a DUI can be either considered to be a misdemeanor (comparable to a summary offence) or a felony (comparable to a indictable offence) depending on the Crown’s decision. 

Can I travel to Canada with a DUI from ten years ago? 

If your DUI conviction took place before December 18, 2018, it is your only conviction and it has been ten years since the completion of your most recent sentence, you are eligible to be deemed rehabilitated by the passage of time. Click here to read more about deemed rehabilitation. 

Does Canada allow entry with a DUI if it has been expunged or pardoned in my home country?

An expunged or pardoned DUI charge does not mean that you will no longer be inadmissible to Canada as the CBSA officer may still have access to your sealed criminal records. It would be a good idea to carry all your documentation regarding this offence along with your court’s notice of expungement or certificate of a pardon. If you do not want to risk being turned away at the border because of an important business meeting or a family emergency, it is recommended to obtain a legal opinion letter to present to the CBSA officer. 

How Would a Lawyer Help Me Get Into Canada with a DUI?

A lawyer is able to assess your records and provide expertise on the best option available to you with the highest chance of entry into Canada. Canadim offers a TRP, CR and LO service and will be with you every step of the way so you can travel into Canada. Contact us at Canadim for a consultation with our experienced immigration lawyers.

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