DUI Canada Entry: Can You Go to Canada with a DUI?

By: William C. Head, Criminal Defense Attorney Atlanta GA and ABA Board-Certified DUI Attorney

What Is a DUI?

Drunken driving or drugged driving can be generically described as having committed the criminal offense of intoxicated driving or driving while impaired, by HOWEVER that criminal act is defined under your state’s laws. The acronym used is irrelevant since the United States has over a dozen different abbreviations for essentially the same crime. The graphic below shows most of the acronyms used.

A typical DUI arrest begins with some reason for a law enforcement officer to meet the operator of a motor vehicle. Traffic ticket offenses (e.g., speeding, failure to maintain lane, following too closely, hit-and-run), car accidents, DUI checkpoints, or people found sleeping inside their vehicles account for most OWI-DUI arrests.

Often, police investigators at the scene will request field sobriety tests from the individual, which are optional and voluntary. If an arrest is made, the arresting officer is tasked with reading an implied consent notice, which tells the driver that NOT agreeing to post-arrest testing of breath, blood, urine or other bodily substances can trigger loss of all driving privileges before the criminal case gets resolved.

In a majority of American states, modern drunk driving laws have added a requirement of mandatory installation of ignition interlock devices after convictions, and (in some states) after arrest and before conviction, as a public safety measure. Because driving intoxicated laws are so different, consulting with local legal counsel and DUI lawyers is best.

The Canada DUI Entry Changes in 2018

The new 2018 policy on entering Canada with a DUI is strict, as the country now treats driving under the influence as a serious crime (serious criminality) punishable by up to 10 years in prison. You can be denied entry for a single DWI.

This rule applies even if it happened more than ten years ago as the ‘aging off’ process no longer applies for driving under the influence.

Previously, Canadian immigration policy allowed someone with a DUI conviction to enter Canada. This was considered “Deemed Rehabilitation” if the offense happened 10 years ago and the person had no other criminal offenses. This rule may still apply to those with a DUI conviction prior to December 18, 2018.

How to Enter Canada With a DUI

As a result of the 2018 laws, a person needs special permission to enter Canada with a DUI or if they have committed another crime. This permission can be for a specific time, such as a Temporary Resident Permit (TRP) or for an indefinite period, such as Criminal Rehabilitation (CR)

A TRP is a permit which allows a person to go to Canada for a fixed amount of time. These can be issued for as little as one day or for as much as three years.

Criminal Rehabilitation (CR) allows you to enter and leave Canada on a more permanent basis. However, you must wait five years after finishing your DUI sentencing requirements (including parole) to file for CR.

The 2018 DUI Policy Change on Traveling to Canada is Complex

If you plan to fly to a Canadian airport, get advice first. This is true even if you had a DUI expungement in the USA. The immigration officials at the airport can check your records, just as those officers at the physical border.

You should never lie to an immigration officer in Canada.

In case you are thinking “I’ll just SNEAK IN” or lie about your record, this is a Canadian crime. Illegal entry into Canada is a federal crime and similar to being charged with a federal crime in the United States.

The Canadian immigration law webpage lists over 30 serious crimes. It also gives this important warning:

Even if officials do not mark you as inadmissible, they can see if you have been arrested. You should think about getting a legal opinion letter before you try to cross the Canadian border. Temporary Resident Permits and Canadian Rehabilitation can both enable Americans to potentially ameliorate their condition of being criminally inadmissible to Canada.”

Canadian immigration specialists can evaluate your DWI-DUI case disposition under various states’ laws, whether a diversion, conditional discharge or expunction.

To be fair, our DUI lawyers suggest you get legal advice from a skilled Canadian attorney. This is important if you want to enter Canada temporarily or permanently.

A DUI is a “status” offense in Canada, which can make you inadmissible. Since the December 18, 2018 change in their laws, the processing times have lengthened. Getting the legal opinion letter drawn up about admissibility, to facilitate border crossing, may satisfy Canadian authorities.

Foreigners who own land in Canada may get a TRP (temporary resident permit). They can also apply for a Study Permit to enter Canada for education.

However, getting a short-term or long-term work permit will be a challenge. Unless the person meets the requirements for criminal rehabilitation or a TRP, their situation is much more complex. Either of these necessitates guidance from a member of the Canadian Bar to assure success.

Besides DUI, Which Other Misdemeanor Traffic Violations Make It Difficult to Enter Canada?

Americans with an related traffic violation from more than ten years ago can be banned from visiting Canada. A reckless driving disposition does not mean that you can automatically enter Canada. Some less experienced DUI lawyers might say that reducing a DUI to reckless driving “opens the door.” This is a trap for those who do not know the rules for visiting Canada.

Reckless driving in Georgia is still a serious misdemeanor crime. This offense may be one of the misdemeanors that qualify for “grandfathered deemed rehabilitation” from the passage of time.

This passage from the above, linked website gives you a clear message to NOT “guess” about Canadian laws:

“In addition to impaired driving, the following offenses are now also considered serious criminality in Canada:

• dangerous driving
• reckless driving
• hit-and-run (failure to stop at the scene of an accident)
• flight from a police officer (usually called “attempting to elude police” in America)
• operation with suspended license

Driving after someone revokes your license is a more serious crime than driving without a license. However, in the United States, authorities still view driving without a valid license as a serious offense. This could be similar to the more serious crime in Canada.

To qualify for “deemed rehabilitation,” a certain amount of time must pass. This time starts after a minor offense conviction in another country is fully resolved.

Canadian law looks at its own laws and statutes, and (if the maximum statutory punishment) for the other nation’s offense is less than ten years of potential jail time, most minor offenses will qualify, such as a reckless driving GA misdemeanor.”

Exceptions to the 2018 law apply in certain cases. These cases include when an offense in another country caused physical harm. They also apply if major property damage occurs or if someone involves a weapon. The new law states: “an offence that, if committed in Canada, would be a crime under a law of Parliament. This crime is punishable by a maximum prison term of less than ten years.”

When you reach any checkpoint at Canadian ports, roads, or airports, it is your responsibility. You must show Canadian border officials that you qualify for deemed rehabilitation.

The top DUI lawyers in Atlanta, Georgia, will give you a FREE consultation. They will explain how a criminal defense attorney looks at the details of your DUI case. If hired, our job will be to find a non-DUI solution for your impaired driving case.

Once the Prosecution gives all police evidence, our criminal attorneys can create a plan. This plan will aim for a non-DUI outcome or fight for acquittal if needed.

Call our DUI lawyers in metro Atlanta now, 24/7. Get a free review of your case and legal advice. Call us at 404-567-5515 or email our criminal justice team.

Best Lawyers in America:

Super Lawyers for Head, Yager, and Larry Kohn

Bubba Head is Board-Certified by the National College for DUI Defense

Martindale-Hubbell 5.0 “av” Rated, Cory Yager and William C. Head

Additional Resources on Traveling to Canada with a DUI on your Record:

Information on Canada DUI entry from an immigration lawyer

Video talking generally about Canadian Border Policy and DUI Cases

Canadian Government Website About Electronic Travel Authorizations and CBSA Rules

Other Nations That Bar Entry Into Their Country, Based on DUI Convictions

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