Can I Enter Canada with an OWI in Michigan?

Canada's drunk driving laws are extremely harsh and a guilty finding can be punished by up to 10 years in prison. Consequently, if their border agents detect that a visitor has a past OWI from Michigan, they can view it like a felony and deny the person entry on grounds of criminality. Now that Canada considers driving under the influence to be a serious crime, a single OWI incident can ban a person from their country for life.

Since the Canadian border has full access to the FBI criminal database, as soon as a traveler hands over their US passport or Michigan Enhanced Driver's License (EDL) agents can instantly detect a DUI / OWI in the person's past. Even if the individual will not be driving while in the country, if border authorities discover he or she has an OWI that renders them inadmissible the odds of agents denying admittance can be high. There is no presumption of innocence at Canada's border, so even an OWI arrest with no conviction can be problematic.

If someone from Michigan has an OWI history and wants the ability to cross the Canadian border, they can apply for special permission to enter the country. A Temporary Resident Permit (TRP) is an entry waiver that can be issued for up to three years, but requires a strong reason for travel such as work or business. Criminal Rehabilitation is a permanent pardon and is available for leisure travel, but a person cannot apply unless all court requirements were finished at least five years ago.

Want access to Canada but have a past OWI from Michigan? Contact our team today for a FREE consultation!

Michigan OWI Laws

Michigan's primary drunk driving law is found in Michigan Compiled Laws § 257.625 (MCL 257.625). Under MCL 257.625(1), a person may not operate a vehicle while intoxicated, which includes operating under the influence of alcohol, a controlled substance, or any other intoxicating substance. The statute also prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08%+. It also establishes enhanced consequences for a BAC of 0.17% or higher.

Although driving under the influence (DUI) is a commonly used term throughout the United States, the State of Michigan generally refers to it as operating while intoxicated (OWI). MCL 257.625(3) separately addresses Operating While Visibly Impaired (OWVI), which typically applies when alcohol or another intoxicating substance has visibly impaired the person's ability to operate a vehicle.

A driver does not necessarily need to have a blood alcohol level of 0.08% or above to face an impaired driving charge in MI. Throughout the state, a person can be arrested and prosecuted based on evidence that an intoxicating substance such as alcohol or drugs impaired their ability to operate a motorized vehicle. Michigan also has stricter rules for young drivers under the age of 21. Under MCL 257.625(6), the state has zero tolerance provisions that can prohibit any driver under 21 years old from driving with a BAC of 0.02% or more.

Michigan OWI Penalties

A standard first offense operating while intoxicated in Michigan is usually a misdemeanor. Assuming the driver's BAC was below 0.17%, the penalties can be up to 93 days in jail, a fine of up to $500, as much as 360 hours of community service, and a driver's license suspension of up to 180 days. The consequences become considerably more serious for repeat offenses, with a second offense DUI carrying increased potential jail time and a third or subsequent DUI generally being prosecuted as a felony. Intoxicated driving that causes serious injury or death can also result in felony charges and substantially greater penalties.

High BAC

Michigan imposes harsher penalties when a first time OWI offender has a BAC of 0.17%+, commonly referred to as a "High BAC" or "Super Drunk" offense. A high BAC OWI conviction can result in up to 180 days in jail, a fine of up to $700, a one year driver's license suspension, and six points on his or her driving record. The offender must also complete an alcohol treatment program, and getting restricted driving privileges after their initial suspension period often requires the installation of an ignition interlock device.

Travel to Canada from Michigan

If a person lives in Michigan, they frequently have a lot more incentive to get access to Canada compared to someone living in the Southern USA. If you live in the Detroit area, you likely have friends or family that occasionally drive over to Windsor to have some fun. Being able to drive across the Ambassador Bridge or Gordie Howe International Bridge, or through the Detroit-Windsor Tunnel, with only a Michigan EDL is pretty awesome for someone without a passport. If you want to drive to New York State, cutting through Ontario can save a couple of hours.

If you want to fly to Europe or Asia or the Caribbean, you can often save big money by booking a flight out of Toronto airport. If you live in the Upper Peninsula and enjoy outdoor activities, not being able to fish or hunt across the border can be frustrating. Consequently, instead of simply avoiding Canada, many Michigan residents with a past OWI conviction apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation in order to overcome their inadmissibility. If someone has a single OWI or OWVI in MI from a long time ago and no other criminal history, they might be grandfathered into Canada's old 10-year rule but a Canadian immigration lawyer should always be consulted regarding eligibility.

Access to Canada For Your Job

For some Michigan residents, the ability to enter Canada may be important for maintaining their employment or advancing their careers. Michigan and Ontario have one of the most closely integrated cross-border economies in North America, particularly in the automotive, manufacturing, engineering, and technology sectors. An engineer employed by a Michigan automaker such as Ford or GM, for example, may need to travel to Ontario to visit manufacturing facilities, meet with Canadian suppliers, oversee production, perform technical work, attend business meetings, or collaborate with colleagues. Automotive supply chains are especially interconnected, with components sometimes crossing the Michigan-Ontario border several times during the manufacturing process. As a result, losing the ability to enter Canada due to a misdemeanor can create significant professional hardship for a Michigan worker.

With an important work-related reason for travel, an American citizen or Green Card holder in Michigan can often apply for fast access to Canada via TRP application (which usually gets processed much faster than a Rehabilitation application). Likewise, if a person is an airline pilot or flight attendant, or a commercial driver based in Metro Detroit, they may be eligible to request a Canadian travel waiver due to their reason for needing access.

OWI Expungement

Michigan law allows certain individuals to have an isolated operating while intoxicated conviction expunged under the state's Clean Slate laws. Generally, an individual may apply to set aside a solo OWI after at least five years have passed from completion of all sentencing, provided the incident did not involve any injury and the individual has no other criminal record.

Unlike many other eligible convictions, an OWI is never automatically expunged once the waiting period expires; the person must actively file an expungement application with the court. The judge then has discretion to grant or reject the request and may consider whether the applicant completed or benefited from any rehabilitative or educational programs. If granted, the conviction is removed from public view, but it usually remains visible to the Canada Border Services Agency (CBSA) via FBI NCIC database. This being said, a Canadian immigration attorney can often prepare a Legal Opinion Letter equating an expunged DUI / OWI from MI to a Record Suspension in Canada to help the person start crossing the border successfully.

Questions about how to get into Canada with a past OWI record in Michigan? Phone us today!