Can You Travel to Canada with a DUI? A Guide for Americans

"I have a DUI in the U.S., can I enter Canada?" 

Canada has strict laws regarding criminal offenses, including driving under the influence (DUI), which can make crossing the border more complicated for U.S. travelers with a DUI conviction. In this guide, we’ll explain the rules, exceptions, and options available to help you understand your chances of entering Canada with a DUI.

Why Does a DUI Affect Travel to Canada?

Canada considers DUI a serious criminal offense, comparable to a felony under Canadian law. The country’s immigration and border policies prohibit entry to individuals who are deemed "criminally inadmissible." Even a single DUI conviction can make an American inadmissible to Canada, whether the offense was a misdemeanor or felony in the U.S.

How Canada Evaluates DUI Convictions

Border officers have access to U.S. criminal records and will assess your DUI conviction based on Canadian law. Here’s what they consider:

• The severity of the offense – If your DUI involved aggravating factors like injury or property damage, it could further impact admissibility.
• How recent the conviction is – Canada has specific time frames that may allow you to enter after a waiting period.
• Multiple convictions – If you have more than one DUI, the chances of being deemed inadmissible increase significantly.

Ways to Overcome Inadmissibility

If you have a DUI, there are several legal options that might allow you to travel to Canada:

1. Temporary Resident Permit (TRP)

A Temporary Resident Permit (TRP) is a special document that grants entry into Canada for a limited time despite a DUI conviction. To obtain a TRP:

• You must demonstrate a valid reason for your visit (e.g., business, family emergency, or tourism).
• You need to apply through a Canadian consulate or at the border.
• Approval is discretionary and depends on the immigration officer’s assessment.

2. Criminal Rehabilitation

Criminal Rehabilitation is a permanent solution that removes inadmissibility due to a DUI. You may be eligible if:

• At least five years have passed since you completed your sentence (including probation, fines, and license suspension).
• You provide evidence of good behavior and that you are unlikely to re-offend.
• The application is submitted to Canadian immigration authorities for approval.

3. Deemed Rehabilitation

If more than ten years have passed since your DUI conviction and you have no other offenses, you may be considered "deemed rehabilitated." This means you are automatically eligible to enter Canada without needing special permission. However, border officers have discretion, and it is advisable to carry proof of the time elapsed and completion of your sentence.

What Happens at the Border?

When arriving at a Canadian port of entry, border officers will:

• Check your passport and run a background check.
• Ask about any past criminal convictions, including DUI.
• Determine if you need a TRP or if you qualify for rehabilitation.

Lying about your DUI record can result in immediate denial of entry and future travel restrictions.

Can You Enter Canada for Business or Emergency Reasons?

If you need to visit Canada for work, a business conference, or an emergency, you can still apply for a TRP even with a DUI. If you are an employee whose job requires frequent travel to Canada, you may benefit from applying for Criminal Rehabilitation to avoid repeated TRP applications.

Legal Assistance for Travelers with a DUI

If you are unsure about your admissibility or need help with a TRP or Criminal Rehabilitation application, consulting an immigration attorney can improve your chances of a successful outcome. Immigration laws are complex, and professional guidance can help you navigate the process smoothly.

Do you need assistance with entering Canada with a DUI?

A DUI does not automatically bar you from entering Canada, but it does create challenges. Depending on your situation, you may need a Temporary Resident Permit, Criminal Rehabilitation, or wait until you are deemed rehabilitated. To ensure a hassle-free trip, plan ahead, gather necessary documents, and seek legal advice if needed.

If you need professional help with your Canadian travel plans, schedule a strategy session with an immigration attorney at Sisu Legal today: Book a Strategy Session.