Can You Travel to Canada with a DUI on Your Record?
Driving under the influence (DUI) is a serious offense that can compromise your ability to travel internationally, particularly to countries like Canada. This article explores the legal implications and potential solutions for those with a DUI conviction attempting to enter Canada.
Implications of a DUI in Canada
A DUI conviction is typically classified as a 'serious criminality' in Canada, which can render a person inadmissible upon entry. This means that if you have a DUI on your record, you may be denied entry to Canada, regardless of the duration since the offense or the timing of your intended travel.
Recent DUIs and Travel
For instance, a DUI from over a decade ago subjected a friend from Australia who was working on a visa in the USA to refusal when attempting to drive to visit the west coast of Canada. If you have a DUI conviction less than 24 years old, border guards are likely to reject your entry request. However, there might be exceptions if the offense occurred long ago and you can demonstrate that it has not affected your behavior or legal record since.
Admissibility and Rehabilitation
The good news is that some DUIs, especially those from over 24 years ago, might be overlooked by border guards. In such cases, it is advisable to contact the nearest Canadian consulate to discuss your options for rehabilitation. Rehabilitation can sometimes be granted and can remove the criminal inadmissibility, making it possible for you to travel to Canada.
Understanding the Canadian Immigration Law
Under Canadian immigration law, any conviction or citation related to the operation of a motor vehicle under the influence of alcohol is grounds for criminal inadmissibility. This includes both felonies and misdemeanors, irrespective of how severe the punishment was or how many years have passed since the incident.
Border Patrol Practices and Variability
It's important to note that border patrol practices can vary. In some cases, border guards might follow subjective interpretations of the law that don't always align with the Criminal Code. They might label these interpretations as 'memoranda' and use them to justify their decisions. However, if the offense occurred more than 10 years ago and you have no further offenses, some aspects of your record may not be considered in a court of law when you're charged again.
Conclusion
While a DUI can be a significant barrier to entering Canada, there are strategies that might help you regain your admissibility. Seeking legal advice and exploring rehabilitation options can provide a path to safe and successful travel to Canada.