Can I Visit Canada with OWI in Wisconsin?

If you live in Milwaukee, Madison, Green Bay, Kenosha, Racine, Appleton, or any other part of Wisconsin, chances are you have either visited Canada before or are thinking about taking a trip there sometime in the future. Whether you want to go hunting or fishing, take an Alaskan cruise, or just do some sightseeing, if you have a past operating while intoxicated (OWI) in WI you could run into problems at the Canadian border.

Drunk driving is now a serious crime in Canada punishable by up to a decade in prison. Consequently, if their border agents detect an OWI in a visitor's past they can deny admittance. Since Canada's border has access to US criminal and driving databases, they can instantly detect a Wisconsin OWI as soon a traveler hands over their ID. Even if the OWI was an isolated incident that was classified as a civil traffic violation (instead of a misdemeanor), Canadian border agents can view it like a felony and deny entrance. For this reason, many people with a past OWI either avoid Canada or apply for special permission to cross the border.

An American citizen or Green Card holder can get access to Canada with an OWI history from Wisconsin by applying for a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). A TRP is an entry waiver that can be issued for up to three years at a time, but requires a strong reason for travel. CR is a permanent pardon that can cover a person for life but takes longer to obtain and is only available to individuals who finished all OWI requirements more than five years ago. Some people apply for both a TRP + CR at the same time, with the goal of getting access to Canada asap while also fixing things long-term.

Have a past OWI and want the ability to visit Canada? Contact our team today for a FREE consultation!

Wisconsin OWI Policy

In the State of Wisconsin, operating while intoxicated is primarily governed by Wisconsin Statute § 346.63. This law prohibits driving a motor vehicle while under the influence of an intoxicant or with a prohibited alcohol concentration. A standard first-offense OWI in WI is often treated as a non-criminal traffic violation (instead of a misdemeanor) provided there were no aggravating factors such as an accident causing injury.

In many cases, it is not that a prosecutor reduced a criminal charge for operating while impaired to a lesser traffic citation. Instead, Wisconsin law ordinarily treats a first-time OWI incident as civil to begin with. A WI OWI typically involves penalties such as a fine and a driver license suspension.

Prohibited Alcohol Concentration (PAC)

While most OWIs in Wisconsin are related to drinking and driving, the law also prohibits operating a motorized vehicle while under the influence of a controlled substance (it covers all intoxicating drugs, not just alcohol). Even if a person does not appear to be under the influence, Wisconsin's OWI framework includes a Prohibited Alcohol Concentration (PAC) offense, which can be triggered if a driver has a blood alcohol content of 0.08 or higher. Similar to an OWI, a first-offense Wisconsin PAC is usually treated as a civil forfeiture rather than a criminal misdemeanor. In most cases, it carries no jail time and functions like a serious traffic violation resulting in a fine, license revocation, and mandatory alcohol assessment. If the driver's blood alcohol level was 0.15 or more, an ignition interlock device may also be mandated.

Criminal Convictions for OWI

Subsequent OWI offenses, or incidents involving injury or a child in the vehicle, can escalate into criminal territory. When a drunk driver causes injury in WI, the charge can become a misdemeanor or felony depending on the severity of harm. Great bodily harm often leads to felony prosecution, with enhanced fines and lengthy potential prison sentences. Repeat offenders can also end up with a misdemeanor or felony record even with no accident.

Implied Consent

According to Wisconsin's implied consent laws, any driver operating on state roads is deemed to have consented to a breath, blood, or urine test when suspected of driving after drinking. Refusal to comply can trigger an automatic license revocation and often an ignition interlock requirement by the Wisconsin DMV. If an interlock is required, such a device must be installed on all vehicles owned or registered by the offender and must remain installed for the entire period imposed.

Under 21 OWI

Wisconsin enforces an absolute sobriety rule for all drivers under 21 years of age. Commonly known as the "Not a Drop" law, this rule prohibits any measurable alcohol in the system of a driver below the legal drinking age. Violating this rule in WI usually leads to a three-month license suspension and a fine, in addition to any adult OWI penalties.

Why Does Canada Care About OWIs?

A DUI is considered serious criminality in Canada. Consequently, if their border agents detect that a visitor has a driving history involving alcohol they can be quick to turn the person away. Even if the incident was only classified as a civil traffic ticket in Wisconsin, unless the traveler can show border agents their blood alcohol level was below 0.08 CBSA authorities will usually consider the person to be inadmissible on grounds of criminality.

Hoping to visit Canada but have past OWI in Wisconsin? Phone our law firm today for a no-cost evaluation!