Can You Enter Canada with a DUI? What Tennessee Residents Need to Know
Why does Canada bar people with a drunk driving record?
Canada may view impaired driving as an act of serious criminality – serious enough to be grounds for barring someone from entering the country.
Canada does not organize crimes into misdemeanors and felonies as the U.S. does, but an impaired-driving offense prosecuted by indictment can carry penalties comparable to those for a U.S. felony. The penalty for driving in Canada with the equivalent of 0.08 percent blood alcohol concentration (BAC) is a mandatory minimum $1,000 fine and a maximum prison sentence of up to 10 years. In the U.S., a similar first-time offense is usually a misdemeanor and generally carries lower maximum penalties.
Because DUI is such a severe crime in Canada, if you have a DUI conviction in Tennessee or any other U.S. state and you arrive at the border, a Canadian immigration officer may stop you and refuse you entry. Addressing your Tennessee DUI case with a lawyer may help reduce consequences that could affect your ability to travel.
Is there any way you can go to Canada with a DUI?
There are ways you can travel to Canada with a DUI conviction.
According to Canadian immigration authorities, if your offense is eligible for deemed rehabilitation, you can arrive at the border and try to convince a Canadian immigration officer that you meet Canada’s legal qualifications. The officer may decide to let you in, depending on the seriousness of your DUI conviction, how long it has been since you completed your sentence, and whether you have committed any other crimes. However, doing this is a gamble that could lead to denied entry, quickly ruining your vacation or business trip.
If you are not deemed rehabilitated, you typically have two options for gaining entry:
- Apply for a Temporary Resident Permit (TRP) – If it has been less than five years since the end of your DUI sentence and you are inadmissible, you may need to apply for a TRP. You will need to have a compelling reason for entering Canada. This could include business travel, medical reasons, or catching a connecting form of transit, although none of these reasons guarantees approval. TRP processing times vary, so you should apply well in advance when advance application is available.
- Apply for Criminal Rehabilitation – If it has been more than five years since the end of your DUI sentence, you can apply for Criminal Rehabilitation. Additional crimes may affect your eligibility and the likelihood that your application will be approved. You also need to show that you live a stable lifestyle and are unlikely to engage in any more criminal activity. Applications can take over a year to process. So, it is a good idea to apply for this as soon as five years have passed since your sentence was completed.
DUI includes driving under the influence of marijuana
Canada’s DUI entry restrictions also apply to impaired driving offenses related to cannabis and other drug crimes. Canadian law allows for legal marijuana use by adults, but driving while high is illegal. It is also illegal to produce, distribute, or sell marijuana without legal authorization or to import or export marijuana products across the Canadian border without authorization.
In Tennessee, marijuana use is not broadly legal for medical or recreational purposes. So, if you have a Tennessee conviction related to cannabis for a crime that is also an offense in Canada (including DUI), you may have problems crossing the Canadian border.
What should you do if you have a DUI and need to travel?
If there is even a slight possibility that you will travel to Canada and you have a DUI conviction, you should consult with an attorney. While you can put things off to the last minute and try to gain entry at the border, this leaves a lot up to chance and could result in you missing your trip.
The better option is to be proactive. Depending on how long it has been since your DUI sentence, you may need to apply for a TRP or Criminal Rehabilitation well ahead of when you plan to leave the country.
Depending on the type of application, you may need to supply evidence to support it, including:
- Valid U.S. passport and proof of U.S. citizenship
- Court documents
- Proof that you have fulfilled the terms of your DUI sentence, such as completing a drug or alcohol education course
- Recent criminal background checks
- Police certificates
You will also need to pay application fees, which can be steep if your offense constitutes serious criminality under Canadian law.
Contact the Law Offices of Adrian H. Altshuler & Associates
If you are facing DUI charges, whether or not you can visit Canada may be the least of your worries. A conviction can lead to fines, lost driving privileges, and other penalties, which can, in turn, affect your job and other areas of your life. Let us help you avoid this by providing you with aggressive legal representation.
Since 1991, our law firm has helped clients in Tennessee fight drunk and drugged driving charges. We can build your defense and attempt to get your charges dismissed or reduced. If we cannot avoid a conviction altogether, we can work to help minimize its impact. To learn more, contact us today. We are available to answer calls 24/7. We have offices in Franklin, Columbia, and Brentwood.