Maple News reports that entering Canada with a past DUI conviction from the United States can present serious challenges, due to Canada’s tough stance on impaired driving. Since a major legal overhaul in 2018, Canadian immigration laws classify DUI more severely, significantly impacting foreign travelers with such histories.
In December 2018, Canada raised the maximum penalty for DUI offences from five to ten years in prison, reclassifying them as serious criminal offences. This change means a DUI conviction, even if issued in the U.S., is considered an indictable offence under Canadian law—a level comparable to a felony. As a result, individuals with a DUI may be deemed criminally inadmissible to Canada.
When entering Canada, U.S. citizens present their passports, which are digitally linked to their FBI criminal history. Therefore, a DUI—regardless of when it occurred—can show up and trigger inadmissibility at the border.
However, being inadmissible does not always mean permanent exclusion. The Canadian government provides several legal pathways to overcome it. One option is the Temporary Resident Permit (TRP), which can allow entry for up to three years despite inadmissibility. The TRP is ideal for travelers who completed their DUI sentence less than five years ago and can demonstrate a compelling reason for their visit.
For those who completed their sentence more than five years ago, Criminal Rehabilitation may offer a permanent solution. If granted, it wipes the applicant’s inadmissibility, allowing them to enter and exit Canada freely, provided no further offences occur. Applicants with more than one conviction must apply for this, even if 10 years have passed.
In cases involving a single, non-serious DUI conviction where over a decade has elapsed since sentencing, travelers may be considered “deemed rehabilitated” simply due to time—allowing hassle-free entry without a formal application. This is determined at the border at the discretion of immigration officers.
If someone is only facing current DUI charges and has no past criminal record, they may still be allowed entry depending on the specifics and a Canadian legal assessment. In such situations, a Legal Opinion Letter written by a Canadian immigration attorney can help explain why the person should not be classified as inadmissible.
In all these scenarios, applicants are advised to prepare strong documentation and, where relevant, seek legal guidance to improve their chances of approval. Navigating Canadian immigration law can be complex, and a well-supported application can make all the difference.