Can I Go to Canada with 2 DUIs?

Canadian border agents now view a DUI similar to a felony, which can make it very difficult to travel there if you have any such incident in your past. This is because drunk driving is now a serious crime North of the border that can be punished by up to a decade in prison. If an American only has a single DUI from more than 10 years ago, they might be allowed into Canada. If a person has two or more DUI convictions, however, they will almost always be at substantial risk of getting denied entry regardless of how long ago the offenses occurred.

Even if both impaired driving incidents occurred 20+ years ago, as soon as a foreign national has a second DUI arrest they can become criminally inadmissible for life. Almost any alcohol-related driving incident can be problematic at the border, whether classified as a misdemeanor DUI, DWI, OVI, OUI, OWI, or wet reckless. Even a dry reckless driving with no mention of impairment can be considered a serious crime by Canada, and civil traffic violations such as DWAI in New York State can also render a person inadmissible on grounds of criminality.

If you have two or more DUI charges in your past, and are interested in being able to go to Canada, it's possible to apply for an entry waiver or pardon. A Canada DUI entry waiver is called a Temporary Resident Permit (TRP), and can be requested for up to three years at a time but requires proof of a good reason for travel such as work / business or visiting close family. A Canadian pardon is called Criminal Rehabilitation, and is a permanent fix that can allow an American with multiple DUIs to start crossing the border as often as he or she wishes. In order to be eligible for Rehabilitation, all sentencing including any probation must have been finished more than five years ago.

Have two or more DUIs in your past and want access to Canada? Contact our team today for a FREE consultation!

Due to the nation's aggressive enforcement of DUI travel restrictions, many US citizens simply avoid Canada if they have 2+ DWIs in their past. In some cases, however, avoiding the country is not realistic. For example: many job opportunities require travel to Canada in order to visit clients, attract new customers, attend meetings, or to fulfill standard job duties (such as being a flight attendant or airline pilot). Even if being banned from Canada does not jeopardize employment, if a person lives close to the border not being able to visit can be a massive inconvenience. When eligible, Criminal Rehabilitation is a preferable solution compared to a TRP, especially if an applicant has more than one DUI in their past.

When someone learns their old driving history could be problematic at the border, they are often surprised that Canada cares about bad decisions from long ago. With two or more drunk driving convictions, a foreign national can be considered criminally inadmissible according to Canadian law even if they have had a clean record for decades. In many cases, a second offense for drinking and driving can result in a person being inadmissible for life unless they file paperwork to convince the Government of Canada that they are safe. This is because Canada's 10-year rule is only applicable to a single DUI (and it must have occurred before they strengthened their laws).

Can I Travel to Canada with 3 DUIs?

Similar to visiting Canada with two DWI convictions, gaining access to Canada with three DUI arrests will almost always require a person to request special permission to cross the border. With several offenses, getting approved for a Temporary Resident Permit (TRP) can be difficult. In general, if a person needs the ability to travel to Canada with two or three DUIs in their past, applying for Criminal Rehabilitation is usually a better approach than trying to get a TRP.

Have a DUI history and interested in discussing your case? Our legal team offers free consultations!