One of DuBois Law's most important and focused areas of legal defense is around DUIs and DWIs. We talk about the penalties and the defenses of both crimes on our site to help people better understand why they need an attorney for a quality defense. Another area of DWI law that we want to give some time to is how a DUI affects traveling, particularly when going right next door to our neighbors in Canada.

In this blog, we will explore the dos and don'ts of getting back into Canada with a DUI and how we can defend you against it.

What You Need to Know About Entering Canada

If you're someone who has ever committed a DUI or is currently in the process of being detained and arrested for a DUI, you might end up being criminally inadmissible to Canada and denied entry. Even if you travel by car and are only a passenger, or fly there, Canada will not distinguish between the two and will probably still deny entry.

If you want to know how to enter Canada again, you must consult with Canadian officials and apply properly to do so. Without professional assistance, the legal process behind this could take a very long time. 

Why Canada Will Possibly Deny Your Entry

Canada and the US now work hand in hand in coordinating on border operations for allowing people in and out of each country, showcasing the seriousness with which they take these crimes. A DUI arrest with no conviction can even be a reason why Canada will deny entry because they take it seriously, no matter the result. 

Indictable offenses are considered serious criminality in Canada, and with a DUI, that's something Canada will not take lightly, especially if it's done by a US resident. If it's done in Canada, they take it a little less seriously. It could make it look worse on either side if a resident of said country wanted to cross over with this crime committed and risk anything worse happening to them. 

What to Do When Traveling to Canada AFTER a DUI

One of the first ways that you can legally find entry into Canada with a DUI is through a temporary resident permit. It's a document that allows foreign nationals who are deemed inadmissible to Canada to enter the country temporarily for a specific period of time, given they have a good reason to do so. 

These can take a while to obtain, so like we just said, make sure you seek the best legal assistance on how to handle this way of getting back into the country.

Depending on how important travel to Canada is for you, the next process of getting into the country might be the most important. It's what's called criminal rehabilitation, which is the process of helping offenders change their behavior and reintegrate into society as law-abiding citizens. 

In this case, it would be Canadian authorities wanting to forgive your DUI conviction. This is a process that may take a little longer than others, but it might be the one that's worth while the most, because it helps everyone in the best way, which is to see you come back as a better person for it.

At least 5 years must have passed since completing all sentencing requirements, including fines, probation, and any other court-imposed conditions. If it has been more than 10 years since completing your sentence and this is your only conviction, you may be considered "deemed rehabilitated" and not need to apply. It's best to consult with an experienced DWI attorney regarding your specific situation.

As of December 2018, a DUI is a serious crime in Canada, and so if you were an American with a DUI, you will probably be denied entry even if the DUI happened 10 years ago or more as a benchmark. With this new law change, we can't recommend enough that you seek the best professional legal advice before going to an immigration lawyer in Canada, and DuBois has that for you!

How We Can Help With Your Legal Defense

We can help you with DWI Defense. On our DUI/DWI Defense page, you'll see that we go over the penalties and defenses for both crimes. If you are concerned about traveling to Canada regarding a past offense, give us a call, and we will help you sort it out with the best plan possible.

The biggest reason why our legal defense will significantly help you with getting entry into Canada comes down to two simple words… Being prepared. If you are convicted, we want to make sure you're given the best chance at everything, so that on your record it might not look as bad as a prosecutor wants it to look. By extension, how bad it might end up looking to Canadian officials, letting you in or not.

Contact us and reach out to us if you have any questions or concerns!

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.