Can I Visit Canada with OVI in Ohio?

Drunk driving is a serious crime in Canada that can be punished by up to ten years in prison. Consequently, if their border officers detect that a visitor has a past conviction related to alcohol and driving there is a very real possibility they will deny entrance. Canada's border rules are now so strict that a single OVI from Ohio can render a US citizen inadmissible to the country for life on grounds of criminality.

Even if your OVI charge was reduced to Reckless Operation or Physical Control, the Canada Border Services Agency (CBSA) can still view it like a felony and refuse admittance. Since CBSA agents have direct access to the FBI criminal database, they can instantly detect a DUI or OVI history as soon as you hand over your passport. Even if you will not be driving while in Canada, if their border agents determine you are inadmissible due to a driving record there is a high likelihood of being denied entry.

If an American has an OVI incident in their past and wants the ability to enter Canada they can apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). A TRP is the fastest option, but is only a short-term waiver and requires a "compelling" reason for travel. CR is a permanent pardon that can cover a person for an unlimited number of trips, but takes longer to obtain and is only available to people who completed all their court requirements 5+ years ago. Some Americans apply for both a TRP and CR together, aiming to get into Canada asap while also fixing things long-term.

Want access to Canada but have a past OVI arrest? Contact our team today for a FREE consultation!

Ohio OVI Laws

Ohio uses the term OVI, which stands for Operating a Vehicle under the Influence, rather than the more familiar DUI or DWI terminology used in many other states. Ohio's principal impaired driving law is Ohio Revised Code § 4511.19. Under § 4511.19(A), a person may not operate a vehicle while under the influence of alcohol, a drug of abuse, or a combination of the two. The statute also establishes per se alcohol limits, including a 0.08% blood alcohol concentration for most adult drivers, along with separate prohibited concentrations for breath, urine, and blood plasma, as well as specified controlled substances. An individual can therefore be convicted of an OVI based on impairment or based on having a prohibited concentration of alcohol or certain drugs in their system.

For a typical OVI with no priors, Ohio Revised Code § 4511.19(G)(1)(a) classifies the offense as a first degree misdemeanor. A standard first-time OVI carries at least three consecutive days in jail, although eligible offenders may generally complete a three-day drivers intervention program instead. It also carries a fine of $565 to $1075 and a driver's license suspension of one to three years. A second OVI within ten years generally carries at least 10 consecutive days in jail, a $715 to $1625 fine, and a license suspension of one to seven years. A third OVI within ten years generally carries at least 30 consecutive days in jail, a $1040 to $2750 fine, and a driving suspension of at least two years. Higher alcohol concentrations and certain test refusals can result in increased mandatory penalties, while extensive repeat OVI histories can result in a felony.

Underage OVI

Ohio also has a separate under 21 provision in Ohio Revised Code § 4511.19(B), commonly known as Operating a Vehicle After Underage Consumption (OVUAC). This provision establishes a substantially lower alcohol threshold for drivers under 21, beginning at 0.02% BAC rather than the standard adult per se limit of 0.08%. A first OVUAC offense is generally a fourth degree misdemeanor and carries a mandatory license suspension of three months to two years. Subsequent violations can result in increased criminal and licensing penalties. An underage driver can still face the regular OVI provisions when the driver's impairment or alcohol concentration satisfies the requirements for an ordinary OVI offense. If an American has an underage OVI that involved a BAC below 0.08 it might be possible for an experienced Canadian immigration lawyer to argue it should not equate to an excludable crime north of the border.

Ohio Reckless Operation

Under Ohio Revised Code § 4511.20, Reckless Operation occurs when a person operates a vehicle on a street or highway in willful or wanton disregard for the safety of persons or property. A first violation is ordinarily a minor misdemeanor, which can carry a fine of up to $150. If the person has one predicate motor vehicle or traffic offense within the preceding year, the offense can become a fourth degree misdemeanor, punishable by up to 30 days in jail and a fine of up to $250. With two or more predicate offenses within the preceding year, it can become a third degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.

Canadian border authorities generally view a Reckless Operation misdemeanor as equivalent to their Dangerous Operation statute, which is a serious crime punishable by up to a decade of imprisonment. Consequently, an Ohio Reckless Op can cause a traveler to be turned away at a Canadian airport or land border crossing and can even be problematic during an Alaskan cruise. This means going to Canada with Reckless Operation often requires special permission to clear the border similar to Canada OVI entry.

Ohio Physical Control

Under Ohio Revised Code § 4511.194, a person can commit a crime by being under the influence or having a prohibited concentration of alcohol or drugs while in physical control of a vehicle, even when there is insufficient evidence that the person actually operated it. For purposes of this statute, "physical control" generally means being in the driver's position in the front seat of a vehicle while possessing the ignition key or another ignition device. Physical Control is usually a first degree misdemeanor, which can carry up to 180 days in jail and a fine of up to $1000. The court may also suspend driving privileges for up to one year. Since physical control under the influence is also a crime in Canada, such a conviction can be treated by CBSA officers similar to a standard OVI.

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