Can You Go to Canada With a DUI?
Under Canadian immigration law, a conviction for driving while impaired by alcohol or drugs, including one outside Canada, may make a person inadmissible to Canada. The Government of Canada describes ways to overcome this: individual rehabilitation (generally at least five years after the sentence ends), deemed rehabilitation in some older cases, a record suspension for Canadian convictions, or a temporary resident permit issued at an officer's discretion for a temporary visit.
What the law says
- If you were convicted of driving while impaired by alcohol or drugs, including cannabis, you may be inadmissible to Canada for serious criminality. Government of Canada (IRCC), Inadmissibility: Convicted of driving while impaired
- Tougher penalties for impaired driving took effect in Canada on December 18, 2018; for offences before that date, officers apply the penalties in force at the time, so a person may be inadmissible for criminality rather than serious criminality unless they received a Canadian prison sentence of more than 6 months. Government of Canada (IRCC), Inadmissibility: Convicted of driving while impaired
- For a conviction outside Canada, a person can apply for rehabilitation once at least 5 years have passed since the end of the sentence (including probation) or since the date of the act. Government of Canada (IRCC), Inadmissibility: Convicted of driving while impaired
- Rehabilitation removes the grounds of criminal inadmissibility. Government of Canada (IRCC), Guide 5312: Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
- For impaired driving offences committed before the 2018 change, a person may be deemed rehabilitated if at least 10 years have passed since completing the sentence. Government of Canada (IRCC), Inadmissibility: Convicted of driving while impaired
- To be deemed rehabilitated, the person must not have committed or been convicted of any other indictable offence. Government of Canada (IRCC), Guide 5312: Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
- For a driving prohibition, IRCC's guide says to count five years from the end date of the prohibition when determining eligibility for rehabilitation. Government of Canada (IRCC), Guide 5312: Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
- For a conviction in Canada, the person must apply for a record suspension; with a Canadian record suspension, the person is no longer inadmissible. Government of Canada (IRCC), Overcome criminal convictions
- A person who has not yet been found rehabilitated can apply for a temporary resident permit (TRP) to enter Canada temporarily, but TRPs are issued only for compelling reasons and at an officer's discretion, and there is no guarantee one will be issued. Government of Canada (IRCC), Inadmissibility: Convicted of driving while impaired
- A temporary resident permit grants temporary resident status for a limited time and may be cancelled at any time. Government of Canada (IRCC), Temporary resident permits
- For electronic travel authorization (eTA) applicants, applying before rehabilitation is confirmed may result in refusal of the application. Government of Canada (IRCC), Overcome criminal convictions
FAQ
Can a DUI keep me out of Canada?
It can. The Government of Canada says a conviction for driving while impaired by alcohol or drugs may make you inadmissible for serious criminality.
Does it matter that the DUI happened in the United States?
The rules cover convictions outside Canada; for those, you may apply for rehabilitation once at least 5 years have passed since the end of your sentence.
What is a temporary resident permit?
A permit that lets an inadmissible person enter Canada temporarily for a compelling reason. It is issued at an officer's discretion, for a limited time, and is not guaranteed.
What is deemed rehabilitation?
For some older offences, a person may be considered rehabilitated without applying once enough time has passed (at least 10 years after completing the sentence for pre-2018 impaired driving offences) and no other indictable offence was committed.
Related
- Do I Need a Lawyer for a DUI?
- Do I Need a Lawyer for Traffic Court?
- DUI vs. DWI: What's the Difference?
- How Much Does a DUI Lawyer Cost?
- How Much Does a Speeding Ticket Lawyer Cost?
- How to Fight a Parking Ticket
- Is a DUI a Felony?
- Traffic Tickets & DUI by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.