Canada with DUI

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Canadian immigration lawyer focused on Canada DUI entry from USA. We offer free comprehensive consultations (unlike most companies who demand a retainer before assessing your options).

Can I Get Into Canada with a Reckless Endangerment Conviction?

An individual that engages in conduct that has a substantial risk of causing serious physical harm to others can be charged with reckless endangerment. It does not matter if the person intended to injure anyone, nor does it matter if they actually hurt somebody, the act alone may be a criminal offense. In order to be convicted of reckless endangerment, the accused must have demonstrated an intentional disregard for the foreseeable consequences of their dangerous actions and his or her conduct must have been of a heedless nature directly affecting the safety of other people. Disobeying traffic laws and the basic principles of safe driving is one of the most common forms of reckless endangerment. In some states, it is possible to have a DUI charge reduced to reckless endangerment.

Regardless of whether or not it was a misdemeanor or felony, reckless endangerment can render a foreign national criminally inadmissible to Canada and can cause them to be denied entrance at the border. Criminal inadmissibility caused by a reckless endangerment arrest or conviction can be overcome with a Canadian Temporary Resident Permit (TRP) or Criminal Rehabilitation. A TRP requires an American to have an important reason for crossing the border such as a business trip, and is only available for a maximum duration of three years. Rehabilitation is a permanent fix that can be used for tourism purposes, but to be eligible all sentencing including any probation must have ended at least five years ago.

In addition to reckless endangerment (usually a misdemeanor), dangerous driving, public endangerment, careless driving, and criminal negligence are similar crimes that can cause issues for Americans attempting to cross the Canadian border. A reckless driving conviction (including a DUI plead down to a wet reckless) can also render a US citizen or permanent resident inadmissible to Canada on grounds of criminality. Officials at the Canadian border now have access to all US criminal records, and even an expunged misdemeanor or felony conviction for reckless endangerment is visible to Canada Border Services Agency (CBSA) staff. When driving or flying to Canada, a pending criminal charge for reckless endangerment or reckless operation can lead to a border refusal since agents may assume a traveler will end up convicted.

Want to travel to Canada with a reckless endangerment conviction? Phone us today for a free consultation.

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