Canada with DUI

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Canadian immigration lawyer focused on Canada DUI entry from USA. We offer free comprehensive consultations (unlike most companies who demand a retainer before assessing your options).

Visiting Canada with a DUI After 10 Years

Foreign nationals that are convicted of any alcohol-related driving infraction, such as driving under the influence (DUI), driving while intoxicated (DWI), driving while ability impaired (DWAI), or wet reckless driving may be considered criminally inadmissible to Canada and refused entry at the border. It is possible to overcome criminal inadmissibility with a Temporary Resident Permit (short-term solution) or Criminal Rehabilitation (permanent fix), both of which can allow an American with a DUI to cross the Canadian border. It is also possible to be considered "deemed rehabilitated by the passage of time" ten years after your full sentence is completed.

To be considered deemed rehabilitated, a US citizen or resident must have only a single DUI on their record (misdemeanor criminal conviction or traffic infraction) and must have paid all fines and successfully completed all probation at least ten years prior. Any other court-ordered conditions, such as attending a Mothers Against Drunk Driving (MADD) Victim Impact Panel, must also have been fulfilled a minimum of ten years before attempting to travel to Canada. In order for Deemed Rehabilitation to apply, a visitor to Canada may need to prove to border security that ten years has passed since all court-imposed requirements were satisfied. Americans may also need a copy of their FBI Police Certificate to prove to Canada Border Services Agency (CBSA) officers that he or she has no criminal convictions in the past ten years.

If you are traveling to Canada for work and absolutely cannot risk a border denial, you may wish to have a Canadian immigration lawyer write a legal opinion letter explaining precisely why you should be considered admissible to Canada. Remember, entry to Canada is always at the discretion of border officials, and the onus is on the visitor to justify their admittance. If you have two or more DUIs, or a felony conviction, Deemed Rehabilitation Canada may never apply to your situation and you could be turned away at the border even after ten years have elapsed. Americans with more than one DUI may need to apply for Criminal Rehabilitation or a Temporary Resident Permit even if it has been more than ten years since their last arrest.

Questions about how to enter Canada with a DUI after ten years? Contact our legal team today for a free consultation.

Please note: It has come to our attention that there are a few websites claiming foreign nationals will automatically be considered deemed rehabilitated five years after their DUI provided they did not spend any time in jail. This is NOT true. Impaired driving can be prosecuted as an indictable offense in Canada, which means visiting Canada with a DUI after five years still requires an American to obtain special permission. Deemed Rehabilitation after five years only applies to a person with two or more summary convictions, not an individual with an alcohol-related driving violation.

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If you have a DUI arrest or conviction on your record and need to enter Canada, call us now or fill out this form! 24 Hour Response Time!