Can I Get into Canada with OUI in Maine?

Canada treats drunk driving much more seriously than many Americans realize. Under Canadian law, a DUI conviction can carry a sentence of up to 10 years in prison, which means their border agents consider it serious criminality. As a result, a traveler with a past OUI from Maine can be classified as criminally inadmissible and refused entry at the Canadian border. Even a single isolated misdemeanor for operating under the influence (OUI) can render a Maine resident ineligible for entry into Canada for life.

The Canada Border Services Agency (CBSA) has full access to the FBI criminal database. Consequently, when someone arrives at a port of entry and hands over their US passport, CBSA agents can instantly detect if the visitor has a DUI or OUI history. Even if you will not be driving while in the country, if border authorities determine you are inadmissible due to a past OUI conviction there is a high risk they will turn you away. If a person has a past OUI or other criminal record and wants the ability to visit Canada, they can apply for special permission to cross the border.

A Temporary Resident Permit (TRP) is an entry waiver that can temporarily overcome criminal inadmissibility. A Canadian TRP may be issued for as long as three years when there is a sufficiently compelling reason for the individual to want access (such as visiting close family or business purposes). Canadian Rehabilitation offers a permanent way to overcome inadmissibility but takes longer to obtain and a person is not eligible to apply until at least five years have passed since completion of all court requirements including any probation. Some people apply for both a TRP and Rehabilitation at the same time, aiming to get fast access while also fixing their situation permanently.

Have an OUI from Maine and want the ability to enter Canada? Contact our team today for a FREE consultation to discuss your options!

Maine OUI Laws

Maine's drunk driving offense is known as operating under the influence or OUI and is primarily governed by 29-A M.R.S. § 2411. A person can be convicted of OUI for operating or attempting to operate a motor vehicle while under the influence of intoxicants or with a blood alcohol level of 0.08% or higher. This OUI law covers impairment by alcohol as well as drugs. Unlike a simple traffic ticket, OUI is a criminal offense in Maine that can result in fines, loss of driving privileges, and even incarceration.

Maine OUI Penalties

An OUI in Maine with no priors is ordinarily a Class D misdemeanor. Under 17-A M.R.S. § 1604, a Class D crime is punishable by imprisonment for less than one year, while 17-A M.R.S. § 1704 authorizes a maximum fine of $2000 unless another statutory maximum applies. For a first time OUI, § 2411 imposes a minimum $500 fine and a 150-day license suspension. Although jail is not mandatory for a first offense, aggravating circumstances can trigger minimum incarceration. For example, a high BAC of 0.15% or more, speeding 30+ mph over the limit, attempting to elude an officer, or having a passenger under 21 can result in a minimum of 48 hours in jail. Refusing a chemical test can also result in a minimum of 96 hours.

Multiple Convictions

Penalties become substantially more severe for repeat impaired driving offenses in Maine. A second operating under the influence within 10 years carries at least 7 days in jail, a $700 fine and a three-year license suspension, with higher minimum penalties when the driver refused testing. A third OUI within 10 years becomes a felony and carries at least 30 days of incarceration, a $1100 fine, and a six-year license suspension. Under 17-A M.R.S. § 1604, a Class C felony can be punished by as much as five years in prison, while § 1704 generally permits a fine of up to $5000.

A fourth or subsequent OUI within a 10-year period is also a Class C felony, but the mandatory minimum penalties increase dramatically. Under 29-A M.R.S. § 2411(5)(D), a person with 3+ previous OUI offenses in Maine faces at least six months in jail, a $2100 fine, and an eight-year license disqualification. Refusal to blow can increase the minimum fine to $2500 and the minimum incarceration period to six months and 20 days. Certain OUI incidents involving serious bodily injury can also be prosecuted at an elevated felony level and expose a defendant to significantly greater punishment.

Driving to Endanger

The State of Maine also has an offense called Driving to Endanger (DTE) under 29-A M.R.S. § 2413, which can sometimes be relevant when a first time OUI charge is resolved through plea negotiations. A person commits standard DTE when, with criminal negligence, they drive in a manner that endangers another person or another person's property. Such a misdemeanor is punishable under 17-A M.R.S. § 1604 by up to six months in jail, and § 2413 requires a fine of at least $575 and a license suspension of 30 to 180 days. If the conduct causes serious bodily injury to another person, the offense can become a felony and the license suspension can increase to between 180 days and two years. Similar to an OUI conviction, a driving to endanger from Maine typically equates to a major crime in Canada and puts an American citizen or Green Card holder at risk of being turned away.

Why Maine Residents Might Want to Enter Canada

There are many reasons a person from Maine may be interested in visiting Canada. Our Canadian immigration law firm has helped people get into Canada with an OUI from Maine for wide variety of reasons such as:

• Fishing in New Brunswick
• Vacation to Quebec City
• Work conference in Toronto
• Flying to Europe out of Montreal airport
• Moose hunting in Newfoundland
• Becoming a flight attendant with a major airline
• Snowmobile trip to Quebec
• Alaskan cruise that starts or ends in Vancouver

We have also helped Americans get into Canada with other misdemeanor or felony convictions from Portland, Lewiston, Bangor, Auburn, or other parts of Maine. For example: a misdemeanor for domestic violence or a felony for possession of a controlled substance can both be problematic at the Canadian border.

Maine Border Crossings

Maine shares a lengthy international border with the Canadian provinces of New Brunswick and Quebec, making travel to Canada particularly common for residents of the state. There are numerous land ports of entry, with major crossings including Houlton–Woodstock, Calais–St. Stephen, Madawaska–Edmundston, Van Buren–St. Leonard, Fort Kent–Clair, and Jackman–Armstrong. Several of Maine's principal border crossings operate around the clock, including Houlton, Calais, Madawaska, Van Buren, Fort Kent, and Jackman. Canada's OUI entry policy is enforced at all land borders, even small ones like the bridge to Campobello Island (Roosevelt's summer home).

Questions about how to enter Canada with a Maine OUI? Phone us now!