Table of Contents
- Traveling To Canada
- Criminal Rehabilitation (CR)- Permanent Solution
- How Does Canada Know If You Have A DUI?
- Entering Canada With Different Charges
- Is It Worthy To Hire A Lawyer For DUI Convictions?
If you are wondering can you go to Canada with a DUI, then you should know it is not an easy process. But if you play your cards right, it can be less daunting. And that is what I will cover in today’s topic, for those of you wondering, can you get to Canada with a DUI.
When you will go through the whole content, you will know if Canada DUI entry is possible.
DUI(Driving Under the Influence) generally prevents your entry into Canada. With DUI, you may be criminally inadmissible to Canada.
In short, DUI(Driving Under the Influence) is “drunk driving”. It indicates operating a motor vehicle while one’s blood alcohol content level is above the accepted limit. This level limit varies from state to state a.e. in Canada 80 milligrams of alcohol per 100 milliliters of blood.
Canadian immigration puts emphasis in this regard. For DUIs the equivalent law is found in Section 253 of the Criminal Code of Canada. So if you are wondering, can you go to Canada with a DUI, there you have it. They have a specific set of rules for DUI.
A number of similar drunk driving issues around the world can be
- Driving While Intoxicated (DWI)
- Driving While Impaired (DWI)
- Driving While Ability Impaired (DWAI)
- Operating While Intoxicated (OWI)
- Operating a Motor Vehicle while Intoxicated (OMVI)
- Wet Reckless
If you have any of these issues, and if you are wondering can you go to Canada with a DUI, then I have good news for you. While it is quite difficult to get into Canada with an active DUI, there are ways you can follow to get to the country. And, in this article, I will go through them one at a time.
I am going to discuss them step-by-step. So, follow along.
DUI entering Canada seems to be difficult but not impossible at all.
Suppose, you are going to Canada from the USA while wondering can you go to Canada with a DUI. The customs officer at the border may ask you if you have been charged with a crime. So, it is better to come out clean and tell them the truth if you have any criminal convictions. It’s up to the officer whether he’ll allow you to leave the country. In most instances when you wonder can you go to Canada with a DUI, you can!
Remember, a single DUI can prohibit your entry to Canada for 10 years. And if you don’t have any other DUI issues afterward, there is no prohibition. So if you have passed your prohibition period and still thinking can you go to Canada with a DUI, congratulations, you are good to go!
Traveling To Canada
Can Felons Travel To Canada?
3 countries strongly deny felons access to their country.
For a felon, the standard amount of prohibition time is ten years. So, it is not possible for a felon to enter Canada easily. Either he needs special permission from the Canadian Government or a permanent solution for criminal inadmissibility.
So if you are thinking, can you go to Canada with a DUI, you might need the following—
- Special permission from the Canadian Government
- Permanent solution for criminal inadmissibility
Can You Go To Canada With A DUI?
So if you are wondering can you go to Canada with a DUI, then you are someone who is willing to enter Canada with a DUI. But first, you must go through some legal process. Advanced planning is needed before traveling.
So, the question is: Can you go to Canada if you have a DUI? The answer is of course yes with solutions. A person can choose any of the following solutions.
Temporary Resident Permit (TRP)- Temporary Solution
Before entering Canada, a person must meet all the requirements of Canadian Immigration law. It is a document issued by Canadian Immigration authorities.
TRP is only valid for a specific amount of time.
While you are wondering how many times can you get into Canada with a DUI, keep in mind that TRP can be issued for one day (single entry) or for as long as three years (multiple entries).
Keep in mind that the Canadian border now has full access to the criminal record of every American through database sharing between the FBI and RCMP.
Consequently, if any American having a DUI attempt to enter Canada without proper paperwork, will not be allowed to.
Criminal Rehabilitation (CR)- Permanent Solution
You see TRP is a temporary solution that may not be as effective as Criminal Rehabilitation when you think can you enter Canada with a DUI. Most Americans find this CR process reliable and effective.
Hence, if you are wondering can you go to Canada with a DUI, having a Criminal Rehabilitation permit is the most reliable solution to your dilemma.
Once your application is approved, you can enter Canada without having any issues. But most importantly, you must submit all the necessary documents and you have to make sure that you don’t have any criminal record for the last 10 years.
Types Of Criminal Rehabilitation Methods Available
There are two types of Criminal Rehabilitation methods available. They are the followings:
Deemed Rehabilitation (DR)
Canadian Immigration decides your entry when you apply for this. If a foreign national is found convicted of a crime within Canada, he will be imposed on a sentence of fewer than 10 years.
You are eligible to apply for deemed rehabilitation if—
- You had only one conviction or crime in total
- At least ten years have passed since you completed all sentences (including all payments and jail time completed)
- Your committed crime isn’t considered a serious crime in Canada
- The crime did not cause major property damage, physical harm to any person, or did not involve any lethal weapon.
- Five years for two or more summary convictions.
Note: A request for deemed rehabilitation isn’t guaranteed to be approved.
If you aren’t eligible for deemed rehabilitation, you will have to apply for Individual Rehabilitation.
Individual Rehabilitation (IR) is quite different from Deemed Rehabilitation.
Individual Rehabilitation (IR)
It is a permanent overcome of inadmissibility for those who did not qualify for deemed rehabilitation. A person can apply for individual rehabilitation after completing a five years sentence for any crime.
If someone asks me can I go to Canada if I have a DUI? I would answer in a word- sure by individual rehabilitation.
All you have to do is to fill out a form and provide all the necessary documents to the Canadian Government.
Let me clarify something, the process is not easy and quite time-consuming. The process may take 6 to 12 months which is longer than TRP (takes 3-4 months).
So, in order to qualify for individual rehabilitation keep in mind__
If a foreign national commits a crime in Canada, he will be considered an offender. He will be sentenced to less than 10 years of prison.
How Does Canada Know If You Have A DUI?
While you are thinking if you have a DUI can you go to Canada either in a vehicle or by air, remember, having a DUI does not prohibit your entry to the country forever. It is only a temporary process, and you need to be patient and civilized if you want to get out of this mess. Nine out of ten times, people get into a DUI situation for being reckless, so be mindful when confronting any adversity while you have a DUI.
As I have said earlier, the Canadian border authority has full access to the criminal database of the USA citizens who have ever been convicted of a crime. So, if you are thinking can you go to Canada with a DUI by talking my way in, then you are gravely mistaking. You need to be absolutely transparent about your situation. Or, you can end up making things worse.
Even though you have a DUI, you can enter Canada with the legal process. The officer at the border will see all your necessary documents. So, don’t hide anything from them. If they ask you about any criminal issue or DUI, you should better tell the truth confidently. Remember, a lie can ban your entry into Canada and you have to return from the border.
AS DUI is now a serious crime in Canada, so if you are thinking can you go to Canada with a DUI and not being questioned properly, then that will be nothing but wishful thinking. The border guards are very serious and strict about it. And the law may punish you for up to ten years of jail for the attempt to conceal the truth.
However, you can overcome your inadmissibility at the border either by TRP or by CR.
Entering Canada With Different Charges
Entering Canada With A Felony Charge
A person who has ever been conducted of a crime as domestic violence, fraud, assault, robbery, burglary, theft, drug dealing, conspiracy, wire fraud, money laundering, manslaughter, tax evasion, sexual assault, or any other felony will get a ban to enter Canada.
Any American who has a felony conviction can not enter Canada. So, if you are wondering if you can get into Canada with a felony conviction, the answer is, yes you can.
There is a saying: Time heals most wounds. But here time will not erase your felony convictions as they are recorded in the data. In this case, if you have any record of felony convictions in the past (even more than 10 years), you would not get entry into Canada.
Though a person with a felony conviction in the past can get access to Canada. But all you have to do is plan well in advance. You can also overcome your inadmissibility by taking special permission from the Canadian Government.
An experienced Canadian Immigration lawyer can help you apply for TRP or CR.
So, a lawyer means a lot if you consider can I get into Canada with a DUI or any felony convictions.
Entering Canada With A Misdemeanor
A person having a conviction of a misdemeanor will not get permission to get into Canada. Though misdemeanor is not as serious as felony convictions, it is considered a serious offense in Canada.
Again, it’s up to the Canadian law how they would measure it as a crime. If you are ever convicted of a misdemeanor conviction, you may be sentenced to less than ten years of jail.
A misdemeanor is not a serious crime and this crime can be overcome with the two solutions-
Is It Worthy To Hire A Lawyer For DUI Convictions?
You may ask yourself whether you should hire a lawyer or not for your DUI convictions. The answer that goes without saying is yes. So, if you are convicted of a crime or have DUI issues, it is wise to hire a lawyer for you.
Some people don’t want to hire a lawyer because of the fear of being unable to afford it.
To be honest with you, I got into Canada with a DUI by hiring an attorney for me. He knows all the legal processes which saves my time and money.
Read the following and you will be able to understand why you should hire a lawyer for yourself in case of DUI convictions.
- A lawyer with experience in the DUI issue may help you in the legal system so that you do not need to spend more time and less trial. That means it will save your money in the long run.
- A lawyer who has handled several past DUI cases knows the best way to guide you and make your case light. Sometimes he can seek a plea deal or plead not guilty for the charges.
- A knowledgeable lawyer knows the current law, regulations, punishment, and system for DUI issues. So, he can help make your sentence lighter or even complete dismissals of DUI charges.
- A good lawyer can help get back your driving license if your license is suspended due to DUI convictions. It may lead to your freedom of roaming.
- Finally, you will have peace of mind relying on a professional lawyer. Your tension will be less while a lawyer will talk in favor of you at the court.
DUIs and Canada can not look face to face. Canadian Immigration is very strict about any DUI issues.
I hope, by this point, you got your answer to the question “Can I go to Canada with a DUI?” I have mentioned all the necessary details above. So, there is no doubt, right? You can surely enter Canada even though you have a DUI. DUI may prohibit your entry into Canada for a short time if your paperwork is not correct. But it will not put a permanent ban. You can either apply for TRP or CR. It takes time and it is not guaranteed for your definite entrance to Canada. Criminal Rehabilitation is a popular choice for most USA citizens with DUI issues. It also works if you assure them you will not commit any crime later in Canada.
When all your paperwork is completed and you are honest with the Canadian Border officers, they will welcome you to their country, Canada.