Can I Get Into Canada with a DUI?

If you have an impaired driving history, and are thinking about traveling to Canada at some point, you are likely wondering if you can get into Canada with a DUI. Drunk driving is a serious crime north of the border punishable by up to ten years in jail, so a single DUI can render an American criminally inadmissible to Canada for life. Even a DUI arrest with no conviction, or a misdemeanor DUI charge reduced to dangerous or reckless driving, can result in a border denial. This being said, there are ways to get into Canada with a DUI.

So You Can Get Into Canada with a DUI?

Yes, a person can get into Canada with a DUI if they obtain special permission to enter by filing paperwork with the Government of Canada. Without applying for special entry permission, however, it is typically difficult to get into Canada with a DUI and thousands of Americans are denied entry at the border each year.

How to Get Into Canada with DUI

Criminal Rehabilitation (Permanent Fix) - If a US citizens wants to be able to get into Canada with a DUI any time they wish, they can apply for Canadian Rehabilitation which can permanently overcome their inadmissibility. In order to be eligible to submit a Criminal Rehabilitation application, all sentencing including payment of fines and probation must have been finished at least five years ago.

Temporary Resident Permit (Quick Fix) - If an American with a DUI needs to get into Canada for a planned trip, and is not yet eligible for Rehabilitation, they can apply for a Temporary Resident Permit (TRP). It is possible to request a multiple-entry TRP for up to three years, but an applicant must have a valid reason for travel. If a person has several DUI convictions, or a felony DUI, getting approved for a TRP can be extremely challenging.

Grandfathered "Deemed Rehabilitation" - If a US citizen or Green Card holder has a single DUI, DWI, OVI, OWI, DWAI, or wet reckless driving from more than ten years ago, and it happened before Canada strengthened their DUI laws, they may be grandfathered in under the old rules and assumed safe by the passage of time. In such cases, it may be possible to get in Canada without applying for special entry permission although a Canadian immigration lawyer should always be consulted regarding eligibility before trying to cross the border.

Wondering if you can get into Canada with a DUI? Questions about crossing the border? Phone our team today for a FREE consultation!

Is It Guaranteed That I Cannot Get Into Canada with a DUI?

After reading the information above, you should now know you may not be able to get into Canada if you have a DUI unless you apply for special permission. This being said, admittance is always at the discretion of border agents and it is not a guarantee that an American with a misdemeanor for driving under the influence of alcohol will be denied entry. In rare occasions, Canada Border Services Agency (CBSA) authorities may be willing to overlook a visitor's criminal inadmissibility and grant them DUI Canada Entry.

Trying to get into Canada with a DUI by simply showing up at the border hoping agents will cut you a break is obviously not wise, especially if the trip is important. Being refused at the border can be a disaster, and Americans entering Canada for work purposes generally do not want to gamble at the border. The Canadian border can easily see a visitor's DUI history thanks to criminal database sharing with the FBI and other governmental agencies in the United States. Consequently, the best way to get into Canada with a DUI conviction is usually to apply for special permission to enter.

How to Get Into Canada If You Have a DUI

Applying for special permission to get into Canada with a DUI is a complex legal process. It is not possible to apply online, TRP and Rehabilitation applications must be mailed away to the Government of Canada or submitted by an "authorized representative" such as a Canadian immigration attorney. In urgent situations, it may be possible to bring an expedited TRP application to the border for instant adjudication although this should be reserved for true emergencies. Due to the amount of paperwork involved in requesting an official waiver or pardon, many Americans that have a DUI simply avoid Canada.

Concerned about whether or not you can get into Canada with a DUI? Questions about applying for access? Phone our Canadian immigration law firm now!

Frequently Asked Questions (FAQ):
Can I travel to Canada with DUI?
Will Canada deny me due to a misdemeanor for reckless operation?
Can you visit Canada with DUI?
Can I enter Canada if I have a DWI?