Kara Sears
Driving under the influence (DUI) laws in Canada changed in December 2018, when the government implemented tougher new DUI laws, increasing the maximum length of imprisonment to a decade. As a result, DUI is now considered an offense of serious criminality in Canada, and those with a DUI on their record may be deemed inadmissible to Canada. This means that individuals with a DUI may be refused entry at the Canadian border, even if the incident happened more than ten years ago. However, there are options for those with a DUI to enter Canada, including applying for a Temporary Resident Permit (TRP) or Criminal Rehabilitation. It is recommended to consult with a Canadian immigration lawyer to determine the best course of action.
| Characteristics | Values |
|---|---|
| DUI laws in Canada | DUI is considered an offence of "serious criminality" in Canada |
| DUI laws before December 2018 | DUI was considered a non-serious hybrid offence with a maximum sentence of 5 years in prison |
| DUI laws after December 2018 | DUI was removed from the list of non-serious offences and the maximum sentence was increased to 10 years in prison |
| Entry into Canada with a DUI | Individuals with a DUI may be denied entry into Canada and will need a valid Temporary Resident Permit (TRP) or Criminal Rehabilitation |
| Entry into Canada with multiple DUIs | Individuals with two or more DUIs may be refused entry into Canada without a TRP or Criminal Rehabilitation even 20+ years later |
| Border checks | Border guards have access to information beyond normal records, and a DUI expunged in the US may still be visible to Canadian border guards |
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What You'll Learn
The legal definition of DWI in Canada
In Canada, DUI stands for "driving under the influence", which is considered an offence of ""serious criminality". Canadian law treats impaired driving as a major crime, and it is no longer considered a non-serious hybrid offence.
Before December 18, 2018, a DUI was considered a non-serious offence, carrying a maximum sentence of five years in prison. After this date, the law changed, and DUI was removed from the list of non-serious offences, increasing the maximum sentence to a decade in prison. This change means that a DUI conviction is no longer eligible for automatic Deemed Rehabilitation after ten years. Now, individuals with a DUI conviction must always apply for clearance to enter Canada, and may be denied entry even if the incident occurred more than ten years ago.
To enter Canada with a DUI conviction, individuals must obtain a valid Temporary Resident Permit (TRP) or apply for Criminal Rehabilitation. A TRP can be granted for up to three years, depending on the reason and frequency of travel to Canada. Criminal Rehabilitation, on the other hand, is a long-term solution that may be granted if enough time has passed since the completion of all sentence requirements, such as probation, fines, and license revocation.
It is important to note that border authorities have a significant amount of discretion in their duties. They may deny entry to individuals even if they are no longer inadmissible due to deemed rehabilitation. Consulting with a Canadian immigration lawyer is highly recommended to determine the best course of action and increase the likelihood of a successful application. A legal opinion letter from a lawyer can also be helpful in justifying admissibility and ensuring compliance with Canadian law.
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Entering Canada with a DWI
In Canada, the terms DUI, DWI, and OWI are not used in federal legislation. Instead, the Criminal Code specifies that it is a criminal offence to operate a motor vehicle while impaired by alcohol or drugs. This includes operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
If you have a DWI charge in the United States, it is important to understand how it is perceived under Canadian law before attempting to enter the country. Even if your DWI charge is considered a minor offence in the US, it may still be equated to a full DUI in Canada, which is a serious crime. Under Canadian immigration law, any citation relating to the operation of a motor vehicle while under the influence of alcohol can render someone criminally inadmissible to Canada. This means that even if you are only a passenger in a vehicle and not the driver, you may still be denied entry at the Canadian border.
The admissibility of individuals with a DWI charge into Canada depends on several factors, including the number and type of offences, the severity of the offences, and when the sentencing for the offences was completed. If your DWI charge occurred before December 18, 2018, and it has been more than ten years, you may be eligible for "grandfathered" Deemed Rehabilitation. However, it is important to consult with a Canadian immigration lawyer to determine your eligibility.
If your DWI charge occurred after December 18, 2018, you will need to apply for clearance into Canada prior to entering the country. The Temporary Resident Permit (TRP) and Criminal Rehabilitation applications offer potential short and long-term solutions for past DWI convictions. It is recommended to consult with a Canadian immigration lawyer to determine the best course of action for your specific situation.
It is important to note that Canadian border guards have access to information beyond what is on a typical criminal record. Even if your DWI charge has been expunged under US law, you may still be denied entry into Canada unless it has been more than ten years. Obtaining a letter from a Canadian lawyer stating your admissibility can increase your chances of a smooth entry process.
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DWI vs DUI in Canada
In Canada, the terms DUI, DWI, and OWI are not legal terms and are not officially used in federal legislation. Instead, the Criminal Code specifies that it is a criminal offence to operate a conveyance (meaning a motor vehicle, a vessel, an aircraft, or railway equipment) while impaired by alcohol or drugs. This is known as impaired driving, which is the legal term under Canadian law.
The terms DUI and DWI are used to refer to impaired driving in Canada, with "DUI" being the more commonly used acronym. While the exact meaning of these acronyms can vary depending on the jurisdiction, in Canada, they generally stand for "driving under the influence" and "driving while impaired" or "driving while intoxicated," respectively. It's important to note that the term "operating" a vehicle is not limited to just driving. If an individual is considered to have care or control over the vehicle while their ability to drive has been impaired by substances, this may be enough for a conviction, even without the intention to drive.
The penalties for impaired driving in Canada can include license suspension, mandatory programs, fines, and potentially a criminal record. Additionally, impaired driving is considered a major crime in Canada, and individuals with a DUI or DWI on their record may face difficulties when attempting to enter the country. It is advisable to consult with a Canadian immigration lawyer to determine admissibility, as the Canadian equivalency of the offence can vary depending on the US state in which it occurred.
While the term "DWI arrest" is not commonly used in Canada, the procedures for impaired driving are similar to those in the United States. Law enforcement officers in Canada are authorized to conduct roadside tests, including breath or blood samples and physical coordination tests, if they suspect impairment. In Alberta, Peace Officers have the authority to impose an immediate roadside suspension for suspected impaired drivers, and individuals have only seven days to appeal their license suspension.
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DWI penalties in Canada
In Canada, Driving While Impaired (DWI) is considered a serious criminal offence. The Canadian government has implemented tough new DWI laws that have increased the maximum length of imprisonment to a decade. This change in legislation means that impaired driving offences are now considered too severe to qualify for Deemed Rehabilitation. As a result, individuals with a single DWI on their record can be denied entry at the Canadian border, even if the incident occurred more than ten years ago.
The Immigration and Refugee Protection Act (IRPA) is the legislation that determines whether non-Canadians may be denied entry into the country based on inadmissibility grounds. When assessing eligibility, Canadian authorities examine an individual's criminal record, including arrests, warrants, pending charges, and convictions. The equivalent crime in Canada is considered more important than the severity of the charge in another country. For example, an American citizen convicted of a misdemeanour-level drunk driving offence may still be deemed criminally inadmissible to Canada due to its stricter laws on impaired driving.
If you have received a DWI after December 18, 2018, you must apply for clearance into Canada before entering the country. The Temporary Resident Permit (TRP) and Criminal Rehabilitation applications offer potential short and long-term solutions for past DWI convictions. The TRP can be granted for up to three years, depending on the reason and frequency of travel to Canada. However, if you have two or more drunk driving violations or other excludable criminal convictions, you may be refused entry at the Canadian border without a TRP or Criminal Rehabilitation, even 20+ years later.
To maximise your chances of entering Canada with a DWI on your record, it is recommended to consult with a Canadian immigration lawyer. They can advise on the necessary steps before and during your application and help determine your eligibility for Deemed Rehabilitation if your offence occurred before the law changed in December 2018. A legal opinion letter from an experienced immigration attorney can also be helpful in supporting your case for admissibility.
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DWI and admissibility to Canada
On December 18, 2018, the Canadian government passed Bill C-46 into law, removing DUI from the list of non-serious offenses and increasing the maximum length of imprisonment to a decade. This means that impaired driving offenses are now considered too serious to qualify for Deemed Rehabilitation. As a result, an American with a single DUI can be denied entry at the Canadian border even if the incident happened more than ten years ago.
If you have two or more drunk driving violations or other excludable criminal convictions on your record, you will likely never be deemed rehabilitated and may be refused entry at the Canadian border without a Temporary Resident Permit (TRP) or Criminal Rehabilitation, even 20+ years later. The TRP can be granted for a duration of stay of up to three years, depending on the reason and frequency of travel into Canada.
When determining eligibility to travel to Canada with a DUI arrest, what matters is not the seriousness of the charge in the USA but rather how Canada understands it under Canadian law. Canada will examine your criminal record, including arrests, warrants, pending charges, and convictions. However, what matters most is how these charges translate into Canadian law. For example, an American citizen convicted of a misdemeanor-level drunk driving offense may still find themselves criminally inadmissible to Canada due to its equivalent in Canadian law.
If you were convicted of a DUI before December 18, 2018, you may be eligible for Deemed Rehabilitation without having to formally apply for entry. This is because the Supreme Court of Canada ruled that the maximum punishment of a crime at the time of the commission of the offense is the dispositive factor. In this case, it is imperative to consult with a Canadian immigration lawyer to determine your eligibility.
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Frequently asked questions
In Canada, the terms DUI, DWI, and OWI are not legal terms and are not officially used in federal legislation. The Canadian Criminal Code refers to impaired driving, covering alcohol and drug-related offences, with penalties including license suspension, fines, and possible imprisonment.
DUI stands for "driving under the influence" (of alcohol and/or drugs), and DWI is used for both "driving while impaired" and "driving while intoxicated." While the terms are not legal terms in Canada, they are commonly used to refer to impaired driving charges.
Under Canadian immigration law, any citation relating to the operation of a motor vehicle while under the influence of alcohol can render someone criminally inadmissible to Canada. The exact impact on admissibility depends on factors such as the number and type of offence, the timing of the sentencing, and the severity of the offence. It is recommended to consult with a Canadian immigration lawyer to determine your eligibility.
A conviction for impaired driving in Canada can lead to license suspension, mandatory programs, fines, and potentially a criminal record. Law enforcement officers are authorized to conduct roadside tests, demand breath or blood samples, and perform physical coordination tests if they suspect impairment.
