Canada with DUI

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DUI Canada entry

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).

Can I Enter Canada with Aggravated DUI?

In both Canada and the US, it is illegal to operate a motor vehicle if you have a blood alcohol content (BAC) of 0.08% or higher. Anyone in the United States found to be driving a car with a BAC greater than this amount may be arrested for driving under the influence or DUI. Most states in the US consider a DUI to be a serious criminal offense, and an aggravated DWI is an even more serious offense with even more severe penalties.

If the police catch an individual driving while impaired, his or her DUI charge could be upgraded to an aggravated DUI charge if they have no proof of insurance, their driver's license is suspended or revoked, they have a child in the vehicle, they have several prior DUI convictions, or they were involved in an accident that caused property damage or bodily injury. Impaired driving is considered serious criminality in Canada, and such an offense can result in as much as ten years in jail. Consequently, any foreign national with a standard or aggravated DUI on their criminal record, even if it happened a long time ago, may be criminally inadmissible to Canada and denied entry unless they have special permission. This permission is granted by the Canadian Government as either Criminal Rehabilitation or a Temporary Resident Permit. Criminal Rehabilitation can allow a person to overcome their criminal inadmissibility permanently but can take as long as one year to obtain and to be eligible a person must have finished their full sentence at least five years prior. A Canada Temporary Resident Permit (TRP) can be obtained quickly, but is only a short-term solution. TRPs are issued for up to three years, and can be good for multiple entries to Canada.

Have an aggravated DUI and interested in visiting Canada? Phone our team for a free consultation.

Entry to Canada with DUI (Aggravated)

For the purposes of Canadian immigration, an aggravated DWI or DUI is treated in a similar fashion to a normal misdemeanor DUI. Both offenses can render a person ineligible for entry, and regardless of whether the conviction was a misdemeanor or a felony, all impaired driving offenses can cause issues at the Canadian border even if they happened more than ten years ago. Aggravated drunk driving offenses could make it more difficult to get approved for a TRP or Rehabilitation, however, and any applicant with a felony DUI or multiple DUIs in their past will typically have a big challenge getting into Canada. Since intoxicated driving is a serious crime in Canada, even non-aggravated DWIs no longer qualify for automatic Deemed Rehabilitation after ten years.

The considerable difference between an aggravated DUI and a standard one comes into play when applying for a Canadian Temporary Resident Permit or Criminal Rehabilitation. In order to be issued a Canada TRP, immigration officials must be convinced that you have reformed. Writing a persuasive narrative in your application about why Canadian officials should permit you to enter their society will be more difficult with an aggravated DUI since it is a bigger offense to overcome. For this reason, it is strongly advised that aggravated DUI offenders retain the services of a legal professional if they are planning a trip north of the border. In situations where substantial property damage occurred, or someone was hurt, the offender could very likely be refused entrance at the Canadian border even 20+ years later unless they have done the proper paperwork. In addition to aggravated DUIs and DWIs, other alcohol-related driving infractions that can potentially render an individual criminally inadmissible to Canada include wet reckless driving, DWAI, OUI, and OWI.

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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!