I Had a DUI 15 Years Ago, Can I Go to Canada?

Drinking and driving is a serious crime in Canada. Consequently, if their border agents detect that a visitor has a driving history involving alcohol, there is a very real possibility they will deny admittance even if the person will not be driving while in the country. Old DUI incidents may "drop off" a driving record after a period of time, but in our experience they are usually still visible to the Canadian border for several decades. Even a dry reckless driving with no mention of impairment can be problematic. Since the Canadian border has full access to US criminal databases, they can instantly flag a traveler with a past DUI as soon as the person hands over their ID. They also have information sharing agreements with many Department of Motor Vehicles (DMV) / Department of Licensing (DOL) agencies across the United States.

Drunk driving is such a big crime in Canada (can be punished by up to 10 years in prison), that a single DUI in a person's past can now render them criminally inadmissible to the country for life. While a DUI can now result in a lifetime ban from Canada, if an American citizen has an isolated incident from 15 years ago it might be "grandfathered in" as non-serious. In such a case, it might be possible for them to enter Canada lawfully by proving eligibility for "Deemed Rehabilitated by virtue of time" status. For example: a Canadian immigration lawyer can often assemble a Legal Opinion Letter arguing that a 15-year-old DUI should not be considered serious by Canada if it occurred before they strengthened their driving laws and did not involve any accident. This Legal Opinion Letter can also prove the person has no other criminal history via background check, and can use court documentation to establish that the individual should now qualify for Deemed Rehabilitated by time status.

Entering Canada using such a Legal Opinion Letter is only possible with a single offense! If a person has multiple arrests in their past they will typically be stuck either avoiding Canada or requesting special permission to enter even if everything happened 15+ years ago. It is possible to ask for special permission to cross the Canadian border by applying for a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). Both applications involve convincing the Government of Canada that you are safe and will never drink and drive again, but can take a long time for governmental processing and involve a large amount of paperwork.

Wondering if you can visit Canada with a past DUI from about 15 years ago? Fill out our contact form today for a FREE consultation!

How to Claim Grandfathered "Deemed Rehabilitated by Passage of Time" Status

Court documentation is an important part of a successful claim for grandfathered Deemed Rehabilitation, as eligibility is based on the date all sentencing was completed, not just the incident date. In order to qualify, all court sentencing must have been finished more than 10 years ago. Since probation for a DUI with no priors is rarely longer than three years, an American with a solo DUI from 15+ years ago may now qualify if he or she paid their court fines and completed any classes in a timely manner. A fingerprint-based FBI background check is often used to prove that a traveler has nothing else in their past of potential concern to border agents.

In some states, a first-time driving under the influence arrest can lead to a civil violation instead of a criminal conviction. For example: in Wisconsin, a non-aggravated OWI arrest will often end up as a traffic citation if the individual has no previous interactions with police. In such a case, eligibility for Deemed Rehabilitated status will often be based on completion of DMV requirements (instead of court requirements), such as payment of fines and license suspension. In New York State, a low-level DWI arrest with zero priors will frequently be pled down to a DWAI violation, which is a non-criminal citation. In addition to court fees and license disqualification, however, in NY there is generally an automatic conditional discharge period which can delay eligibility for Deemed Rehabilitation. When evaluating admissibility to Canada with a DWI from 15 years ago, it is advisable to always consult with a qualified Canadian immigration lawyer.

Questions about how to get into Canada with an old DUI from approximately 15 years ago? Worried you might be denied entry? Fill out our contact form for a free consultation!