It depends—going to Canada with a DUI is dependent on a number of factors. These include how long ago your DUI took place, the number of offenses on your record, and how Canadian immigration officials view your offense in the eyes of their country’s laws.
Ultimately, crossing into Canada with a DUI conviction on your record can be a lot more complicated than many travelers realize. Canada treats impaired driving offenses very seriously under its immigration and criminal laws, including those committed outside its borders.
As a result, U.S. citizens might not have the ability to enter Canada after being charged with a DUI. If you’ve been convicted of driving under the influence, and you’re now wondering if that will stop you from entering Canada, reach out to a Washington State DUI lawyer soon.
How Canadian Law Views a DUI
Canada’s legal system classifies impaired driving offenses under its Criminal Code. In 2018, Canada significantly increased the seriousness of DUI-related crimes. Under the revised law, a DUI—or its Canadian equivalent, impaired operation of a vehicle—is now a serious offense.
It can be prosecuted as an indictable offense, which is similar in nature to a felony in the United States. As a result, a foreign national with even a single DUI conviction may be deemed criminally inadmissible to Canada.
In the context of immigration law, criminal inadmissibility means that a person cannot legally enter Canada without first resolving their inadmissibility status. Since Canadian border officials can access U.S. criminal databases, they will often review your background during processing.
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Determining Inadmissibility Based on U.S. DUI Convictions
Canadian authorities look at the equivalent Canadian offense when assessing a foreign conviction. For example, a Washington State DUI under RCW 46.61.502 is considered similar to the Canadian offense of “impaired operation” under Section 320.14 of Canada’s Criminal Code.
If the maximum sentence for the Canadian equivalent is at least ten years—which it is for DUI under current Canadian laws—then the offense may render someone inadmissible for serious criminality.
Even if the DUI conviction did not result in jail time in Washington, Canadian law focuses more on the possible maximum sentence for the offense than on the actual penalty received. This can be surprising to many U.S. travelers who have otherwise completed all court requirements.
How Recent vs. Old DUI Convictions Can Affect Your Ability to Go to Canada With a DUI
The age of your DUI conviction will play an important role in whether or not you will be allowed to enter Canada. For example, if you were convicted of DUI within the last 10 years, you would generally be considered inadmissible.
However, if more than 10 years have passed since you completed your full sentence—including any probation, fines, or license suspension involved in your case—you might be considered someone who’s been rehabilitated.
Known as deemed rehabilitation, this classification is still not a guarantee. Your eligibility for such depends on several conditions. For instance, the offense must not have involved any aggravating factors:
- Bodily harm
- Property damage
- Multiple convictions
If there are multiple DUI convictions, deemed rehabilitation is generally not available, regardless of how much time has passed.
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Options for Entering Canada With a DUI
There are a few ways U.S. citizens can address inadmissibility to Canada due to a DUI conviction.
Temporary Resident Permit (TRP)
A TRP allows someone who is otherwise inadmissible to enter Canada for a specific purpose and only for a limited time. To be approved for a TRP, the applicant must demonstrate a valid reason for travel and showcase that the benefits of their entry outweigh any risks.
Criminal Rehabilitation
This is a formal application submitted to Canadian immigration authorities requesting permanent clearance of past criminal history.
To be eligible for criminal rehabilitation, at least five years must have passed since you completed all of your sentencing requirements. If you are granted this mode of entry, you will no longer be considered inadmissible based on that particular offense.
Deemed Rehabilitation
As mentioned, a person may be automatically deemed rehabilitated if over 10 years have passed since completion of their sentence. It’s also important to note that the offense must have been a single DUI with no aggravating factors.
However, even in cases where someone believes that they qualify for these exceptions, border officers have ultimate discretion to deny entry no matter what.
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Contact Our Washington State DUI Law Firm Today for Legal Help
You can go to Canada with a DUI, but it’s not a guarantee, and it’s not an easy process. With a DUI on your record, you can bump into major roadblocks when you’re trying to travel to Canada, even if years have passed since your conviction.
Ultimately, Canadian immigration laws consider impaired driving a very serious offense, and even a single conviction on your record may result in you experiencing criminal inadmissibility at the border. However, a Washington State DUI attorney can help you understand what to expect.
If you’re planning a trip to Canada and you’re not sure if your DUI will prevent you from entering the country, it’s important to reach out to legal counsel licensed in Canada and with experience handling cases like yours.
At NextLaw, we have 100 years of combined experience and counting.
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