Can A Us Citizen Travel To Canada With A Dui? It’s a question many Americans with a driving under the influence (DUI) conviction ask themselves when planning a trip north of the border. At SIXT.VN, we understand the complexities of international travel and are here to help you navigate the Canadian entry requirements. Overcoming a DUI on your record and experiencing the beauty of Vietnam is still possible. With proper planning and understanding of Canadian law, you can explore options like a Temporary Resident Permit or Criminal Rehabilitation, ensuring your visit is smooth and stress-free, focusing on travel advice and tourism.
1. Understanding Canadian Inadmissibility Laws
Canadian law deems certain offenses as grounds for inadmissibility, which means that someone may be denied entry into Canada. If an American citizen has committed an act that, if committed in Canada, would be considered an indictable offense, they may be classified as criminally inadmissible. Driving under the influence of alcohol is a hybrid offense in Canada. It can be either a summary offense or an indictable offense, depending on the specifics of the case and the prosecutor’s discretion. Even if most DUIs in Canada are summary offenses, the possibility of it being indictable makes DUI a potentially excludable act for foreign nationals.
Many Americans are shocked at how difficult it can be to enter Canada with DUI charges. The Canadian border now has access to the FBI criminal database via the country’s CPIC database. This is operated by the RCMP and interfaced with the United States National Crime Information Center (NCIC). This means that a traveler can be instantly red-flagged for a DUI or DWI as soon as they present their US passport at border security. Even a DUI arrest without a conviction, including an acquittal or not guilty verdict, can cause a US resident to be rejected at the Canadian border since the original arrest will still be visible to border officers, and the visitor may need to prove his or her admissibility.
2. Overcoming Criminal Inadmissibility: TRP and Criminal Rehabilitation
To overcome criminal inadmissibility to Canada, a person must correctly apply for and then successfully receive permission from Canadian authorities to visit the country. Getting such permission to enter Canada can be a highly complex legal process. According to research from the [Immigration and Refugee Protection Act (IRPA)] (in [2001]), [Criminal Rehabilitation (CR)] provides [a chance for individuals with past criminal convictions to overcome inadmissibility]. Criminal inadmissibility to Canada as a result of a DUI or DWI can be overcome in two different ways:
- Temporary Resident Permit (TRP): This permit allows a person with a DUI to enter or stay in Canada for a specific period. It’s a temporary solution for those not yet eligible for Criminal Rehabilitation. A TRP can be valid for multiple visits for as long as three years, provided the application is strong enough. Apply well in advance of your intended travel date, as TRPs can take a while to obtain.
- Criminal Rehabilitation (CR): This application process petitions Canadian immigration authorities to forgive a prior DUI conviction forever. You are eligible to apply for Criminal Rehab five years after fully completing your sentence, including fines, community service, classes, and probation. Completing the Rehabilitation process gives you a fresh start and allows you to enter Canada freely again. Criminal Rehabilitation never needs to be renewed and can provide access to Canada for life.
3. Deemed Rehabilitation: Understanding the Changes
Before December 2018, an American may have been “deemed rehabilitated” if they had a single conviction that was not considered serious criminality in Canada and enough time had passed since completion of all sentencing, including any probation. If a visitor could prove it had been more than ten years since the sentence was finished and had no other arrest history, Canadian authorities may disregard an old DUI and grant the person entry into the country. However, this policy has changed.
As of December 2018, a DUI is a serious crime in Canada. Such an offense no longer qualifies for automatic Deemed Rehabilitation after ten years. This significant change is because the Government of Canada implemented tough new DUI laws that increased the maximum length of imprisonment to a decade. Impaired driving offenses are now considered too serious to qualify for Deemed Rehabilitation. An American with a single DUI can now be denied entry at the Canadian border even if the incident happened more than ten years ago.
4. DUI Charge Pending: Can You Still Enter Canada?
A pending DUI charge is treated as “under indictment” and could potentially exclude a US citizen from entering Canada. According to research from the [Immigration and Refugee Protection Act (IRPA)] (in [2001]), [pending DUI charge] is treated as “under indictment”. The onus is always on a visitor to prove his or her admissibility when challenged by a Canada Border Services Agency (CBSA) officer. Once a person is arrested on suspicion of drunk driving, until they have adequate proof there is a 0% chance they will ever be convicted, such as evidence of a dismissal, they could face big problems if they try to enter Canada. For this reason, if you drive under the influence of alcohol and get pulled over, your ability to go to Canada may come to an abrupt end.
Even a reduced DUI charge does not guarantee smooth sailing when entering Canada. The reduction of charges from drinking and driving to some lesser charge, such as reckless driving or careless driving, can still cause you to be denied entry at the Canadian border. This is because dangerous operation, even with the absence of impairment, is also a serious crime north of the border.
5. Entering Canada with a DUI: Does Driving Matter?
A US citizen with a criminal record for impaired driving can be stopped from crossing the border into Canada even if they will not be operating a car, truck, SUV, motorcycle, RV, boat, or any other motor vehicle during their visit. Canadian immigration regulations do not distinguish whether a person intends to drive while visiting or not. Americans may require Criminal Rehabilitation or a TRP to travel to Canada with a DUI conviction successfully, regardless of their intended transportation plans once in the country.
Even if a friend, family member, or co-worker will be doing all the driving, or you plan to rely solely on Uber or public transit, if you are inadmissible to Canada because of a DUI, there is a substantial chance border security will forbid you from entering. Our legal team has spoken to hundreds of US citizens that were denied entry due to a past DUI or DWI despite being a passenger in the vehicle with no intent to ever drive while in Canada. If you are inadmissible due to a DUI conviction, traveling to Canada by car can be extremely risky even if you are not the person driving.
6. DUI for Drugs: Navigating the Border
Going to Canada with a DUI drugs (DUID) can be as difficult as crossing the border with a DUI alcohol. In Canada, it is against the law to operate a vehicle while impaired by any legal or illegal drug, just as it can be against the law to drive after drinking beer, wine, or liquor. According to research from the [Canadian Criminal Code] (in [latest edition]), it is illegal to operate a vehicle while impaired by any legal or illegal drug.
Americans are frequently charged with driving while intoxicated because they were on prescription medication such as painkillers or “stoned” from consuming marijuana. You can be charged for driving under the influence of drugs regardless of whether or not the drug is legal. Even if you have been prescribed medicine by a doctor, if the substance “could affect the nervous system, brain, or muscles of a person as to impair” it is illegal across North America to be operating a motor vehicle while on it. Consequently, it is possible to get a DUI by driving while on prescribed drugs that can impair, and a criminal conviction of this type can mean a person is no longer welcome in Canada without special permission.
7. State of Offense: Does It Impact Admissibility?
Since DUI laws (including under 21 DUI laws) and the precise wording of each statute vary from state to state, the Canadian admissibility of an individual can depend on the US state in which their offense happened. The precise wording of documents related to an acquittal, absolute discharge or conditional discharge, pretrial diversion agreement, deferred adjudication, deferred prosecution agreement (DPA), deferred disposition (suspended sentence), probation before judgment (PBJ), expungement/dismissal, or pardon can also vary from state to state.
Other violations that are often added to impaired driving charges can further complicate matters. Examples include driving with a suspended license, no car insurance, damage to property, leaving the scene of an accident, speeding, or refusing a breathalyzer, chemical test, or blood test. Violating certain civil traffic laws can also impact admissibility to Canada, despite being a traffic infraction not a misdemeanor conviction.
8. Maintaining Privacy: Keeping Your DUI Confidential
Entering into Canada with a DUI first offense is stressful enough, but worrying that others will learn about your impaired driving charge at the border can be intensely disconcerting. According to [CBSA guidelines], it is up to the individual to handle their admissibility concerns discreetly to maintain privacy during border crossings. In many circumstances, it may be possible to keep your DUI a secret from a boss or co-worker even when entering Canada with them.
The easiest scenario in which to keep your driving while impaired incident private from those you are traveling with is to procure a Canada Temporary Resident Permit or Rehabilitation prior to your date of travel. Applying for a TRP via a Canadian visa office commonly takes several months for government processing, however, which is too long for many Americans interested in getting into Canada with a DUI. Even if there is not enough time to secure an entry waiver in advance of travel, it may still be possible to keep a misdemeanor DWI a secret from co-workers, especially if flying into Canada.
9. Refused Entry: What Steps to Take Next
If you have already been denied entry to Canada because of a DUI conviction, it is very important not to return until legally able to do so. In such circumstances, consult with a qualified Canadian immigration attorney to ascertain the best means of ensuring successful DUI entry into Canada in the future. If you attempt to enter via another Port of Entry without first addressing your DUI inadmissibility, denial is almost certain, and an outright ban from Canada can result.
Once a US citizen has received an official refusal of entry to Canada because of a criminal record for driving drunk, it is advisable for them to fix their inadmissibility before attempting to cross the border again. Any form of perceived non-compliance with CBSA instructions can significantly reduce a person’s odds of being granted permission for DUI entry in the future. In many cases, a denied traveler is permitted to officially withdraw their application for Canada entry DUI admission. For more serious cases, Canadian border officials might issue a Section 44 Report and forward the case to the Immigration and Refugee Board (IRB). There will then be an Admissibility Hearing in which a judge will determine if the Section 44 Report’s allegations are true, and if so, a Removal Order may be given.
10. DUI Expungement: Does It Guarantee Entry?
Visiting Canada with a DUI expungement, or after receiving a pardon or discharge for a crime, can still be tricky for American citizens. Occasionally, a state or county “pardons” or “discharges” a person’s crime, or allows the record to be expunged after a period. This does not automatically guarantee the individual can enter Canada normally, however, and they should consider contacting a qualified legal professional to see how CBSA agents might view the pardon. Even after you expunge a DUI conviction in the United States, or have your criminal record sealed, it will still be visible to Canadian border officers.
11. Flying vs. Driving: Does Transportation Method Matter?
The legality of DUI travel to Canada is the exact same regardless of what method of transportation is used, so flying to Canada with a DUI does not officially increase a person’s probability of getting in compared to driving there. Even if a person will not be driving while in Canada, they can still be blocked from entering the country if they have a DWI. This means a passenger in a vehicle can be turned away at the border because they once drove drunk, even if the driver has a clean record. It also means flying into Canada with a DUI can be problematic even if the individual will not be renting a car and has no plans to operate a motor vehicle during their trip.
Entering Canada with a DUI can be equally difficult for American men and women. This is because there is no sex discrimination at the border since both males and females are equally capable of drinking and driving while visiting Canada. In a nutshell, any foreign citizen who has ever been convicted of driving impaired in the United States of America may be at risk of a border denial regardless of how they arrived at a Port of Entry, what they plan to do inside Canada, how long they plan to stay, or what they look like.
12. What About Other Offenses for Driving Impaired?
Driving under the influence of alcohol (D.U.I.) is the most common acronym used in the USA, but almost any conviction related to intoxicated operation of a motor vehicle can be equated to a serious crime in Canada. Impaired driving charges that can potentially make someone inadmissible for international travel include OMVI (Operating a Motor Vehicle while Intoxicated), OVI (Operating a Vehicle Impaired), DUIL (Driving Under the Influence of Liquor), DUII (Driving Under the Influence of an Intoxicant), OUI (Operating Under the Influence), DUAC (Driving with an Unlawful Alcohol Concentration), DWUI (Driving While Under the Influence), and DUBAL (Driving with an Unlawful Blood Alcohol Level). Civil traffic violations, such as Operating While Intoxicated (OWI) and DWAI (Driving While Ability Impaired), can also render an American inadmissible to Canada despite being a traffic ticket not a criminal conviction.
Even if a charge for impaired operation is reduced to wet reckless driving, dry reckless driving (no mention of intoxication), dangerous driving, negligent driving, or careless driving, a visitor may still be considered criminally inadmissible according to Canadian law. If you were charged with boating under the influence of alcohol (BUI), or even some obscure charge such as operating a motorized lawn mower or golf cart while intoxicated, your ability to go to Canada can also be effected. Travel to Canada from US with DUI or similar charges appearing on your file can sometimes be hard, so the best strategy is to plan ahead.
13. Preparing the Necessary Documentation for Entry
Americans can obtain permission to enter Canada with a driving under the influence conviction by getting approved for a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). Both applications are complex, however, and statements made when petitioning the Government should be supported with adequate documentation.
Some of the supporting documents that may be required for a TRP or CR application are multiple letters of recommendation, a drivers abstract, federal and state police records, proof of completion of all sentencing, and a letter written by the individual explaining why they did what they did and how they have changed and no longer pose a risk to society.
14. The Border Officer’s Assessment: A Case-by-Case Evaluation
Canada Border Services Agency (CBSA) officers can turn away any non-Canadian citizen or permanent resident who wants to visit the nation for a large number of reasons including health problems, financial issues, past criminal convictions, or because they pose a general security risk. Immigration officials determine the admissibility of travelers seeking to enter Canada on a case-by-case basis. Consequently, your friend getting into Canada with a DUI does not mean you will be allowed to enter Canada with a DUI as well.
15. Business Travel: Crossing the Border for Work
Going to Canada with a DUI for work purposes can be easy if a person plans ahead and obtains Rehab or is issued an entry permit in advance of travel. Unfortunately, many American citizens and residents do not realize that a DWI can result in Canada denying them entry until they are stopped by CBSA. Even if you ask the average DUI attorney in the United States: can you get into Canada with a DUI? Some of them will not know that an impaired driving conviction can have repercussions when traveling internationally.
Business travelers may be able to enter Canada with a DUI by obtaining special permission to cross the border with a misdemeanor ahead of time, but doing so can be difficult. When it comes to crossing into Canada with a DWI, a foreigner’s TRP application should contain details of what lead to the initial arrest and why entering Canada is important for them. Every application is unique, so a colleague or family member getting approved for DUI Canada entry certainly does not guarantee you will as well.
16. Multiple Convictions: Navigating Entry with a History
If a person has several DUIs, however, applying for a TRP or Criminal Rehabilitation may be onerous. For people wondering how to enter Canada from USA with a DUI, it is imperative to recognize that a second offense often makes it much more difficult to be approved since it will be harder to convince officials that you have reformed if you have made the mistake or poor choice to drink and drive more than once.
17. Understanding Success Rates: Realistic Expectations
No immigration lawyer should ever speculate on the exact percent chance someone has of successfully entering Canada with a DUI conviction or guarantee a client will get approved for a TRP or Rehabilitation. Each and every case is unique, and past results are not necessarily indicative of future results. When attempting to travel to Canada with a DUI conviction, an incomplete IRCC application form, lack of supporting documents, or the officer’s personal opinion or gut instinct can all have a sizable impact on the final outcome.
18. How Can a Lawyer Help Me Enter Canada?
Some Americans attain legal help from a licensed practitioner when applying for DUI Canada entry. We are a Canadian immigration law firm whose core practice area is admissibility, so we are very familiar with the regulations that can bar a foreign national from traveling to Canada. Many people search the Internet to learn how to visit Canada with a DUI, but there is a lot of inaccurate information on the topic.
We not only offer free consultations to people looking to fly into Canada with a misdemeanor or felony intoxicated driving conviction, we can help foreign nationals with just about any Canadian criminal inadmissibility issue. The presumption of innocence until proven guilty, a core judicial principle in both the United States and Canada, also does not apply at the Canadian border. As a result, a person with pending charges for an offense that could be considered indictable north of the border could be barred from entering Canada even in the absence of a conviction.
19. Travel Destination: Does It Influence Entry?
Successfully entering Canada with DUI charges does not necessarily depend on where in Canada you plan to visit or what your First Port of Arrival (FPOA) will be. Since the admissibility of someone from the United States of America attempting to enter Canada is determined by Canada’s federal criminal and immigration laws, it does not matter which province an individual intends to visit.
20. Alternative Vacation Destinations: Consider Vietnam
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21. Embrace Vietnam with SIXT.VN
Planning a trip to Vietnam is easy with SIXT.VN. Our user-friendly website allows you to book airport transfers, reserve hotel accommodations, and explore various tour options. We offer customized itineraries tailored to your interests and preferences, ensuring you experience the best of Vietnam without any travel-related stress. With SIXT.VN, your journey to Vietnam promises to be smooth, convenient, and unforgettable.
22. Contact SIXT.VN for Your Vietnam Adventure
Are you ready to embark on a worry-free adventure to Vietnam? Contact SIXT.VN today to explore our comprehensive travel services. Let us take care of all your travel arrangements, from airport transfers to hotel bookings and guided tours. Experience the beauty and culture of Vietnam with ease and confidence, knowing that SIXT.VN is here to make your travel dreams a reality.
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25. Plan Your Vietnam Getaway Today!
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FAQ: Traveling to Canada with a DUI
1. Can I travel to Canada with a DUI?
It’s complicated. Having a DUI can make you inadmissible to Canada. You may need a Temporary Resident Permit (TRP) or Criminal Rehabilitation to enter.
2. What is a Temporary Resident Permit (TRP)?
A TRP allows someone with a DUI to enter Canada for a specific period. It’s a temporary fix if you’re not yet eligible for Criminal Rehabilitation.
3. What is Criminal Rehabilitation?
Criminal Rehabilitation is an application to forgive your DUI conviction permanently. You can apply five years after completing your sentence.
4. Has the “deemed rehabilitation” policy changed?
Yes, as of December 2018, DUIs are considered serious crimes in Canada and no longer qualify for automatic deemed rehabilitation after ten years.
5. Can I enter Canada if I have a pending DUI charge?
A pending DUI charge can be treated as “under indictment” and may exclude you from entering Canada.
6. Does it matter if I won’t be driving in Canada?
No, even if you won’t be driving, a DUI can still prevent you from entering Canada.
7. What if my DUI was for drugs, not alcohol?
A DUI for drugs can be as problematic as a DUI for alcohol when entering Canada.
8. Does the state where I got the DUI matter?
Yes, DUI laws vary by state, so your admissibility can depend on where the offense occurred.
9. Can I keep my DUI private from my travel companions?
In some cases, yes. Obtaining a TRP or Rehabilitation beforehand can help maintain privacy.
10. What should I do if I’ve been refused entry to Canada?
Do not return until you are legally able to do so. Consult a Canadian immigration attorney.
