Can I visit Canada if I have a DUI?

Updated March 15, 2022

Under Canadian law, the government can deny you entry into Canada if you have even a single DUI conviction on your record. The same holds true if you have a “wet reckless” DUI plea bargain on your record. This denied entry is a hardship that people must endure in addition to the traditional penalties imposed for a DUI arrest.

There are a few exceptions to the general rule regarding criminal inadmissibility of aliens into Canada with a prior DUI. These involve people:

• being “deemed rehabilitated” or applying for “individual rehabilitation” under Canadian law,
• obtaining an expungement of their criminal record and DUI conviction, and/or
• obtaining a Canadian temporary resident permit that will allow people to travel to Canada for a limited period of time.

Note that some people with a prior DUI may risk it and try to enter Canada without meeting any of the above exceptions. Border authorities, however, use high-tech computer systems that will typically disclose if a person has a past DUI offense, or any offense that may lead to ineligibility to enter the country.

Our California criminal defense attorneys and driving while impaired (DWI) lawyers will explain the following in this article:

• 1. How does a DUI conviction impact one’s entry into Canada?
• 2. Are there still ways to enter Canada even after a DUI?
  • 2.1. Deemed rehabilitation
  • 2.2. Individual rehabilitation
  • 2.3. Record suspension or discharge
  • 2.4. Temporary resident permits
• 3. Will a border agent really know of a DUI in the U.S.?

1. How does a DUI conviction impact one’s entry into Canada?

Canadian immigration law says that Canada can prohibit people with a DUI conviction or a wet reckless plea on their record from crossing the Canadian border.¹

This general rule exists because Canadian law states that citizens of the USA and other aliens cannot enter Canada if they have a criminal record/criminal history consisting of either:

1. two criminal convictions for any offense that would count as a Canadian crime, or
2. one conviction for an “indictable offense.”²

Note that an “indictable offense” is a relatively serious crime that is roughly equivalent to a felony (as opposed to a misdemeanor). For purposes of Canadian immigration law, driving under the influence is an “indictable offense.”

Note, too, that Canadian law treats a conviction for “wet reckless” as the equivalent of an impaired driving conviction.³

2. Are there still ways to enter Canada even after a DUI?

Yes. Canadian immigration law makes several exceptions to the general rule that Canadian immigration authorities can deny border crossing on the grounds of operating a motor vehicle while under the influence.

These exceptions involve:

1. a person being deemed rehabilitated,
2. individual criminal rehabilitation (or simply “individual rehabilitation”),
3. record suspension or discharge, and
4. temporary resident permits (or “TRPs”).

2.1. Deemed rehabilitation

“Deemed rehabilitation” is a way in which people can enter Canada with a driving offense involving DUI.⁴

The requirements for deemed rehabilitation are as follows:

1. a person must have not received more than 10 years of imprisonment for a prior DUI conviction,⁵
2. the person trying to access a port of entry has fully engaged in the completion of all sentences for a DUI (and this completion occurred at least 10 years ago),
3. in those 10 years, the person has not committed or been convicted of any other crime that would be an indictable offense in Canada.⁶

If a person meets the above requirements, he/she does not have to submit any type of application to a Canadian consulate or the Canada Border Services Agency (CBSA).

2.2. Individual rehabilitation

If 10 years have not yet passed since parties completed their DUI or “wet reckless” sentence, they may still be eligible to enter Canada through what Canadian authorities call “individual rehabilitation,” or rehabilitation by application.⁷

Individual rehabilitation is available if a party completed his/her DUI sentence at least five years ago.⁸

Unlike deemed rehabilitation, individual rehabilitation requires a person to submit an application to the Canadian immigration authorities. The specific application form is Canadian Form IMM 1444 – Application for Criminal Rehabilitation.⁹

The application must contain a statement from the alien explaining why he/she believe to be rehabilitated from the DUI and why the party is not a risk to public safety in Canada.

In deciding whether or not to grant an application for rehabilitation, a Canadian immigration officer will consider the following factors:

• the number of convictions on a person’s record,
• the nature and seriousness of each crime,
• the person’s behavior since his/her last conviction,
• the person’s explanation regarding rehabilitation, and
• the party’s present circumstances, including the support he/she has from the community.¹⁰

According to Van Nuys DUI attorney John Murray:

“Applications for individual rehabilitation can take over a year to process. However, if you have a DUI on your record in the last 10 years, and you know you will need to move or travel to Canada, this can be an option worth pursuing. Because Canadian immigration officers will want to see a specific kind of story on your application, it’s a good idea to work with an immigration attorney or immigration law firm who’s familiar with the process.”

2.3. Record suspension or discharge

Under Canadian law, the country cannot deny a person entry because of a DUI or “wet reckless” conviction for which a “record suspension” has been issued.¹¹

A record suspension is a Canadian legal concept that is similar to a DUI expungement.

People in California can try to get a DUI conviction expunged provided that they:

1. have successfully completed probation for the DUI, and
2. are not currently charged with a criminal offense, on probation for a criminal offense, or serving a sentence for a criminal offense.¹²

If you believe you are eligible for an expungement, you should consult with an attorney who is experienced in DUI and Canadian criminal inadmissibility matters.

2.4. Temporary resident permits

If less than five years have passed since the completion of a DUI or “wet reckless” sentence, a party can seek entry into Canada by successfully completing a temporary resident permit application (or a TRP application).¹³

A temporary resident permit will allow a person to visit Canada, but only for:

• a specific purpose, and
• a limited period of time.¹⁴

To be eligible for a temporary resident permit, a person must be able to show that his/her need to enter Canada is compelling enough to outweigh any risk to public safety that may be present because of the person’s criminal history.¹⁵

3. Will a border agent really know of a DUI in the U.S.?

Typically, yes. Canadian border authorities check the driver’s license or ID of every person entering their country. This means they check a person’s criminal history on their computers before letting a party enter.

This background check usually shows if there is any incriminating evidence on a person’s background, including a past DUI or evidence of some sort of serious criminality. Authorities can then use this evidence to deny entry.

For additional help…

For additional guidance or to discuss your case with a criminal defense lawyer/DUI attorney, we invite you to contact our law firm at the Shouse Law Group. Our attorneys provide both free consultations and legal advice you can trust.

Also see our article on traveling to Mexico with a DUI on your record.

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