OTHER DUI/DWI RESOURCES

Traveling to Canada and a DUI

A DUI can cause serious problems if you intend to travel to Canada.  Under Canadian law a DUI can make you an “inadmissible person.”  An “inadmissible person” is a person who cannot visit or stay in Canada because they have “committed ” or been “convicted” of certain crimes in, or outside of, Canada.  Generally, these crimes are ones that are indictable under Canadian federal law.

Crimes that make a person inadmissible include any impaired diving offense, whether it is called OUI, DUI, DWI, DWAI, or something else. Since refusing a blood, breath or urine test is an indictable offense in Canada, a person who refuses a test in the United States is inadmissible, even if it is not a crime in the state where the refusal occurred.  Since the rules regarding inadmissibility include offenses that a person has “committed,” an administrative suspension will trigger inadmissibility, in some cases even if there is never a DUI conviction. 

You are inadmissible for entry into Canada if any one of the following things has happened:

• A conviction for an impaired driving offense;
• An administrative license suspension from a state’s motor vehicle department for having and excessive blood alcohol level;
• A conviction or administrative license suspension for failing to take a blood, breath or urine test;
• An outstanding warrant for any of the above; or
• Pending charges, a trial or other proceedings for any of the above.

The United States government is sharing driver license and court record databases with Canadian immigration.  If you are traveling to Canada you must assume that the Canadian government will find out about a conviction, suspension or pending charge.

An inadmissible person can still legally gain entry into Canada by one of the following means:

• If ten years have passed since the last court-ordered event, including a suspension or imprisonment, and you have no other indictable offenses on your record, you are deemed to be rehabilitated.  If you have any question about whether you have been deemed rehabilitated you should contact your local Canadian consulate.
  
• If five years have passed since such an event, or you have committed or been convicted or more that one indictable offense and five years have passed, you may apply for rehabilitation status. This requires the submission of an application that includes various documents and payment of a fee.
• If less than five years have passed there are two options for entering Canada.  Both options require payment of a fee:

• You can apply for a temporary resident permit.  These permits are granted in some circumstances.
• A senior immigration officer or an adjudicator may grant entry by issuing a minister’s permit that is valid for up to thirty days. The permit is subject to any terms and conditions as the officer deems appropriate.  The decision whether to grant a permit is left to the discretion of the immigration officer.  You may be turned back at the border if the officer chooses not to grant you a permit.

There are certain important things to keep in mind if you think you may be inadmissible:

• If you are inadmissible, you are not permitted to enter Canada, even if you do not plan to drive in Canada.
• Inadmissibility is a status created by Canadian law.  It is a crime to enter Canada without a permit if you are inadmissible.  If you violate this law you can be arrested, imprisoned and/or deported.

Note:  The author does not practice law in Canada.  This article is advisory, only.  If you have a question regarding Canadian law and inadmissibility you should contact an attorney who is licensed to practice law in Canada and/or the Canadian consulate in your area.