Originally published: July 2023, Updated: January 2024
It can be difficult to enter Canada with a DUI or DWI. However, it is possible. If you have a DUI conviction, there are options, and if you complete the requirements and provide the necessary documentation, you can be granted entry to Canada. Here is a resource detailing other countries with DUI travel restrictions if you are interested in the landscape of international travel.
How long after a DUI can you enter Canada
Generally, if you have a DUI on your record, you cannot enter Canada for 10 years. However, there are applications you can make for Canada DUI entry before that time.
Anyone with a DUI conviction before December 18th, 2018 faces a waiting period of 5 years with an appeal and 10 years without one if they have no other criminal charges. After they have met all of their sentencing conditions, the waiting period begins. Any new criminal charges would necessitate the filing of a “criminal rehabilitation” permit.
For an old DUI, automatic admission to Canada requires a ten-year waiting period after the sentencing conditions are met. For convictions previous to December 18, 2018, this rule has been grandfathered.
Inadmissible to Canada
If you have past charges for drinking and driving or driving while impaired that leads to a DUI (Driving Under the Influence) you would probably be found criminally inadmissible to Canada. here are different crimes that make you inadmissible to Canada, a DUI/DWI being one of them.
However, it’s essential to note that the Canadian government has different levels of admissibility based on factors such as the nature of the offence, the time that has passed since the completion of the sentence, and the rehabilitation efforts made by the individual. If you have a DUI on your record, it is important to contact a trusted advisor like AllCleared, to determine whether you are inadmissible and, if necessary, the steps you can take for rehabilitation or to obtain a Temporary Resident Permit (TRP) or Canadian Entry Waiver.
Since March 2012, you could be eligible to apply for a Temporary Resident Permit (TRP). A TRP depends on each person’s particular circumstances. The duration of a TRP can vary from a 24-hour pass to a 36-month permit, it can sometimes be provided as a single to multiple-entry pass as well.
Canadian border crossing rules
Many Americans often believe they can cross the border with a past DUI charge as it’s regarded differently in the United States. In some states, a DUI is regarded as a misdemeanour, infraction, or traffic violation.
In Canada, drunk driving is considered a criminal offence. In addition to Driving Under the Influence (DUI), it can also be recognized as Driving While Intoxicated (DWI). Even if you fly into Canada and arrive at a Canadian airport or were to arrive by ship at a Canadian harbour, you can still be denied entry for a past DUI.
There are cases where some people have crossed the border before or know of friends or family who have done so on multiple occasions without any difficulties. Doing so is at your own risk, and once inevitably caught, you could be detained and possibly be banned from entering Canada for years. Additionally, everyone travelling with you would also be denied entry at that time.
You mustn’t lie when speaking to an officer about crossing the border. Misrepresenting yourself (and your record) significantly reduces your chances of crossing the border in the future. A Canadian border agent can ban you for an extended amount of time, and even for life.
Past offences that were committed outside of Canada are individually assessed on a case-by-case basis and compared to the equivalent offence and seriousness of the charges. In some cases, what might be considered a minor offence elsewhere can be regarded as a serious offence according to the Canadian criminal code and immigration authorities. A DUI offence is an example of such a situation.
When crossing the border you would be dealing with The Canada Border Services Agency (CBSA), and when an agent asks “Have you ever been convicted of a crime?” be sure to answer truthfully. Chances are they have the answer in front of them and how you reply can determine whether you’ll be allowed entry.
Getting Into Canada with a DUI
If you have a past offence of Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), Operating While Intoxicated (OWI), Operating a Motor Vehicle While Intoxicated (OMVI), Operating Under the Influence (OUI), Wet and Reckless (W&R), Reckless Driving, Driving without Due Care and Attention, or similar, it can affect your chances of getting into Canada and crossing the border.
While having a DUI or similar conviction can pose a problem when travelling to Canada, it’s a challenge that can often be overcome.
Applying for a Temporary Resident Permit (TRP) for travelling to Canada with a DUI allows an individual to become admissible temporarily. A TRP will only be considered if there is a humanitarian issue such as a death in the family.
When looking to enter Canada with a DUI conviction, the TRP is your fastest option. Issued by Citizenship and Immigration Canada, a TRP is used to admit visitors with criminal records into Canada. As per Canadian law, if you have ever committed or been convicted of a crime, you might not be eligible for entry into Canada and considered “criminally inadmissible.”
In some cases, frequent travellers might want to apply for Criminal Rehabilitation. If your conviction took place over 5 years ago, you might be eligible. Unlike a TRP, which is usually submitted at the Canada/U.S. border, the application for Criminal Rehabilitation is made at a Canadian consulate or embassy.
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How a TRP (Temporary Resident Permit) Works
Each year, thousands of Americans visit Canada for business travel, holidays, hunting, fishing, skiing, visiting family and other reasons.
When applying for a Temporary Resident Permit (or TRP) so you can enter Canada with a DUI, there are several eligibility requirements. A TRP varies in terms of what it permits. In some cases, it might be for a single entry, while in others it might be valid for months, even years, and sometimes allows multiple entries.
Frequent travellers can sometimes have a TRP issued for re-entry, provided;
- The crime resulted in probation or a suspended sentence, and not a jail term
- The crime did not include drugs (simple marijuana possession might be considered)
- Did not include physical harm and/or violence
- Did not include property damage (DUI in an accident also a factor)
- Conditions met while on probation, if applicable
- There are no more than two (2) convictions, which are summary offences, not indictable
How Criminal Rehabilitation Works
Criminal rehabilitation is a more permanent option if you’re trying to enter Canada with a DUI. This option provides people with a criminal record the opportunity to demonstrate that they have been rehabilitated and are unlikely to commit further offences. The difference with this option is that your inadmissibility would be permanently lifted.
To qualify for criminal rehabilitation, you must have completed your sentence and show proof of rehabilitation, with no likelihood of committing further offences. For example, lifestyle changes or community involvement.
If you plan to take this route, you must submit a lengthy application to the Canadian immigration authorities. We recommend getting started as soon as possible as it can take some time to be approved.
Can you fly into Canada with a DUI on your record?
Many people hope that Canada will be more lenient if they fly into Canada. After all the major airports can be some distance from the border, and once you land at Customs you are already far into the country. However, the border authorities are unlikely to take pity on you just because you paid a lot for a flight.
Flying into Canada makes it even more crucial that you prepare a compelling TRP application to present on arrival or get pre-clearance through the Canadian Consulate.
If you are turned away at a Canadian airport, you will have to pay your way home, which can be quite costly. Visiting Canada with a criminal record is not easier if you fly, and in fact, can be more difficult.
If it has been more than 10 years since you completed your sentence, bring proof when you fly or get cleared by the Consulate before travelling with a DUI record. It is still at the border agent’s discretion whether they allow you to enter Canada without pre-approval from the CIC, regardless of if 10 years have passed or not.
Not sure if you qualify to travel to Canada?
Start by checking your eligibility.
Enter Canada within 5 years of DUI Conviction
If it has been less than five years, you need to finish the conditions of your sentence, such as probation, before you can apply for a TRP. If you are approved for a TRP, you can enter Canada within five years.
A TRP is a temporary solution that will allow Canada DUI entry for a particular reason, such as a business meeting or important family matter. It can be granted for anywhere from a few hours to multiple entries for up to three years. It’s important to be clear about why and when you need to come to Canada to increase your chances of getting a permit that covers all the entries you need to make.
Entering Canada after 5 years
You can still apply for a TRP after five years, but if you have already had one or two your chances of success become lower. This is because Canadian officials will expect routine visitors to submit a Criminal Rehabilitation application.
If you don’t have time to wait for the Criminal Rehabilitation application to be approved, you can apply for both a TRP and Rehabilitation at the same time. A Criminal Rehabilitation application takes longer, but it provides a permanent solution. The TRP will cover you for your upcoming trip, while the Criminal Rehabilitation application will provide a permanent solution to enter Canada with a DUI as long as you keep your record clean.
It can take about 18 months to complete the Criminal Rehabilitation application.
Entering Canada after 10 years
If you have only one DUI on your record, you can enter Canada after ten years from the completion of your sentence. You may need to provide proof such as court records, fine payments and other documents.
In some cases, people with multiple DUIs or serious felony DUIs will have to apply for Criminal Rehabilitation even after 10 years.
Can a Canadian with a DUI enter the USA?
Although many convictions would prevent a Canadian from entering the USA without a waiver, DUI is not normally one of them.
However, if there were multiple convictions or aggravating factors (such as harm to people or property) a Canadian could be denied for DUI. Drug-impaired driving could cause a Canadian to be denied because the US considers evidence of the use of narcotics, including marijuana, as grounds for inadmissibility. In these cases, the person would need to obtain a US Entry Waiver, which would need to demonstrate some rehabilitation.
What are the Next Steps?
At AllCleared, we help those requiring a Temporary Resident Permit (TRP) and can assist you with the process.
Further information can also be found at CBSA, US customs, and the CIC (Citizenship and Immigration Canada) website on past records or convictions.
We also recommend you review our FAQs for a Canadian waiver when looking to enter the country.