Crossing the border into Canada may seem straightforward—until you realize that a past DUI conviction can complicate your entry. You may be wondering, Can you enter Canada with a DUI, or will border officials deny you access?
A DUI is considered a serious criminal offense in Canada and can make you inadmissible, preventing you from entering the country without special permission.
With decades of experience defending individuals facing DUI charges and their legal consequences, I have guided countless clients through the challenges of travel restrictions, ensuring they take the right legal steps to regain entry into Canada. In this guide, I’ll explain the legal barriers, your options for entry, and how to improve your chances of being approved to visit Canada despite a DUI.
Is a DUI a Serious Offense in Canada?
Yes. In December 2018, Canada revised its laws on impaired driving, increasing the maximum penalty for a DUI to 10 years in prison. As a result, a DUI is now classified as serious criminality under Canada’s immigration law. This change means that even a single DUI conviction can render you criminally inadmissible, barring you from entering the country without special permission.
How Can You Enter Canada with a DUI?
There are three main ways to enter Canada with a DUI: a Temporary Resident Permit (TRP), Criminal Rehabilitation, or Deemed Rehabilitation.
1. Temporary Resident Permit (TRP)
A Temporary Resident Permit (TRP) is a temporary solution that allows individuals with a DUI to enter Canada for a specific purpose and duration. This permit can be issued for up to three years, but approval is discretionary and depends on the strength of the application.
- Who qualifies? Anyone with a DUI who can demonstrate a valid reason for traveling to Canada, such as business, family emergencies, or tourism.
- How long does it take? Processing times can vary, so applying well in advance of your intended travel date is crucial.
- Can it be issued at the border? In some cases, a TRP can be issued at a Port of Entry (POE), but this is not guaranteed.
2. Criminal Rehabilitation (CR)
Criminal Rehabilitation is a permanent solution that removes your inadmissibility status, allowing you to travel to Canada without restrictions.
- Who qualifies? Individuals who have completed all sentencing requirements, including probation and fines, at least five years prior.
- Processing time: Applications can take up to a year, so planning ahead is essential.
- Benefits: Once approved, you no longer need a TRP and can enter Canada freely.
3. Deemed Rehabilitation
In rare cases, individuals with only one DUI conviction may be considered “deemed rehabilitated” if enough time has passed since the completion of their sentence.
- Does a DUI qualify for Deemed Rehabilitation? As of December 2018, DUIs no longer qualify for automatic rehabilitation after 10 years.
- Are there exceptions? If your DUI conviction occurred before December 18, 2018, and more than 10 years have passed, you may be eligible under older laws. However, eligibility should be confirmed with a Canadian immigration lawyer.
Can You Travel to Canada with a Pending DUI Charge?
Even if your DUI charge has not yet resulted in a conviction, Canadian border agents can still deny you entry. There is no presumption of innocence at the border. Until you can prove that the charge has been dismissed, you may be deemed inadmissible.
DUI and Business Travel to Canada
Business travelers often discover too late that a DUI can prevent entry into Canada. If you are required to travel for work, it is crucial to plan ahead by applying for a TRP or Criminal Rehabilitation well in advance.
- Can executives or corporate professionals get expedited TRPs? Some applicants can request priority processing if their business trip is urgent.
- Are airline pilots, truck drivers, or government employees affected? Yes. Employers may need to intervene on behalf of their employees to facilitate entry.
DUI and Canadian Permanent Residency or Citizenship
- Can a U.S. citizen with a DUI become a Canadian permanent resident? Yes, but a DUI may slow down or complicate the immigration process.
- Does a DUI affect work or study permit applications? Absolutely. Applicants with DUIs may face additional scrutiny.
DUI and Canadian Border Security Checks
- What databases does CBSA use? Canadian border officials check the FBI’s National Crime Information Center (NCIC) database, which contains U.S. criminal records.
- Does a DUI show up on a NEXUS card application? Yes. Applying for a NEXUS card can alert CBSA to past criminal offenses.
Applying for DUI Entry Waivers at the Border
- What are the risks of applying for a TRP at the border? Immediate denial is possible if paperwork is incomplete.
- Are TRPs granted on the spot? Rarely. Most applicants are advised to apply well in advance.
DUI Expungement and Sealed Records
- Will an expunged DUI still appear in Canadian databases? Yes, in many cases.
- What is a Legal Opinion Letter, and how can it help? This document explains why an expunged record should not affect admissibility.
How to Enter Canada with a DUI While Keeping It Private
- Can employers or co-workers find out? If you plan properly, you may be able to keep your DUI private.
- Best practices for business travelers: Obtain a TRP before attempting to enter Canada.
Denied Entry? What To Do Next
- If you are refused entry, what are your options? Seek legal counsel and apply for the appropriate permit.
- Can multiple entry attempts lead to a travel ban? Yes. Attempting to re-enter without proper authorization can lead to further restrictions.
DUI and Entry via Cruise or Private Jet
- Can a DUI prevent entry on a cruise? Yes. Cruise lines may deny boarding if they suspect Canadian border refusal.
- Does private jet travel make entry easier? No. Canadian authorities still have full access to criminal records.
How Can a Lawyer Help?
As a skilled DUI defense lawyer, I understand how a past conviction can impact your ability to travel to Canada. While Canadian immigration laws are strict, there are legal pathways available to help you regain entry.
- Assess your admissibility and legal options.
- Guide you through the process of applying for a TRP or Criminal Rehabilitation.
- Ensure all necessary documentation is properly prepared.
- Maximize your chances of a successful border crossing by presenting a strong case to Canadian authorities.
Key Takeaways
- A DUI is considered serious criminality in Canada and can prevent entry.
- Three options for entry: Temporary Resident Permit (TRP), Criminal Rehabilitation (CR), or Deemed Rehabilitation (in rare cases).
- Expungement does not guarantee admissibility; border officers can still see the record.
- Pending charges can still result in denial at the border.
- Multiple DUIs make entry more difficult, often requiring Criminal Rehabilitation.
- All U.S. criminal records are accessible to Canadian border authorities.
- Legal assistance can significantly improve your chances of entering Canada successfully.
Contact D.G. Moore Law for Help
If you have a DUI and need to travel to Canada, contact D.G. Moore Law today. As an experienced DUI defense attorney, I understand how impaired driving charges can impact your ability to cross the border and can help you take the right legal steps to improve your chances of entry. Don’t risk being denied at the border—call us now for a free consultation.
