Can I Visit Canada if I Had a DUI 30 Years Ago?

Drunk driving is now a major crime in Canada that carries a penalty of up to a decade in prison. Consequently, if a visitor has DUI incident in their past it could result in a border denial unless the person has obtained special permission to enter the country or can prove their admissibility. A US citizen with a DUI history can request special permission to visit Canada by applying for a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). A TRP is the faster option, but requires a "compelling" reason for travel. Rehabilitation is rather slow, but is a permanent fix and doesn't require a good reason for travel.

Now that driving under the influence of alcohol is viewed similar to a felony by Canadian border agents, a single DUI conviction can render a person criminally inadmissible to the country for life. Since the Canadian border has full access to the FBI NCIC database, agents can instantly detect a DUI history even if it was 30+ years ago. This being said, if an American has an isolated driving incident from a long time ago and no other arrests or charges in their past, they might be "grandfathered in" for Canada's old 10-year rule but a lawyer should always be consulted regarding eligibility.

Want to enter Canada but have an old DUI? Fill out our contact form to learn about your available options!

Deemed Rehabilitation

While a Temporary Resident Permit (TRP) and/or Criminal Rehabilitation (CR) can be excellent solutions for Canada DUI entry, both applications involve a substantial amount of paperwork. Consequently, if someone is eligible for grandfathered "Deemed Rehabilitated by virtue of time" status that is often a better solution. While impaired driving convictions no qualify for Deemed Rehabilitation since they are now considered serious criminality by Canada, a solo DUI from 30 years ago could be grandfathered in as non-serious and therefore be eligible.

Being considered Deemed Rehabilitated by time is only possible with a max of one DUI conviction. If you have two or more arrests in your past, claiming Deemed Rehabilitation is likely not possible even if you have had a clean record for close to 30 years. In such a case, an individual will typically need to secure a TRP or CR in order to successfully travel to Canada. Even if a DUI arrest was reduced to reckless driving, or was classified as a traffic citation such as DWAI in New York State or OWI in Wisconsin, it can still be treated as a severe crime by authorities at the border.

Why Does Canada Care About Old DUIs?

Many people are shocked to learn that a DWI record from 30 years ago can be problematic at the Canadian border. Some are surprised border agents can even detect a driving history from that long ago, but there is technically no limit to how far back the border can see. There are multiple reasons border agents might be concerned if they detect a past drunk driving incident. To begin with, intoxicated driving is now a serious crime in their country, so a DUI can be considered "fair game" regardless of how long ago it occurred. Furthermore, even if the offense was an isolated incident from 30 or more years ago, unless the traveler arrives at the border with paperwork agents may not be able to verify if he or she qualifies for the grandfathered 10-year amnesty. For example: eligibility is based on completion of sentencing not the arrest or conviction date. At the end of the day, the onus is always on a visitor to prove their admissibility if agents discover a criminal charge in their past.

Travel with 2+ DUIs

If an American has more than one DUI conviction in their past, they can be classified as inadmissible on grounds of criminality and refused admittance even if they have had a clean record for 30 years or longer. To avoid such a scenario, it's possible to request a Canadian entry waiver or pardon. Regardless of whether or not a foreign national plans to operate a motor-vehicle while in the country, if they are classified as inadmissible according to Canadian immigration law they could be denied entry. When someone learns they are inadmissible, they will usually evaluate canceling their trip vs. fixing their inadmissibility. Some Americans simply cancel their travel plans and avoid Canada, while others will hire a lawyer to help them obtain a pardon or waiver so they can lawfully enter.

Questions about going to Canada with an old driving record? Contact our team today!