DUI Convictions and Travel to Canada

If you have a single conviction for driving under the influence on your record, you may not be allowed to enter Canada1

In addition to the already potentially heftyPenalties for a California drunk driving convictionYou could be unable to travel to a neighboring country if you have family, friends or business there

There are several ways around this rule. If you have a California conviction for a drunk driving, you can get help from a knowledgeable attorney

  • Beingdeemed rehabilitated or applying for individual rehabilitation under Canadian law2

  • Obtaining anYour criminal record is expungedYour conviction for drunk driving;3
    Or
  • Obtaining somethingCanadian temporary resident permitEven if you have a drunken driving conviction, you can travel to Canada for a limited period of time4


The example is about something
Anne is an American. She met Gilbert on the internet and they started a romantic relationship

Anne was convicted eight years agoFirst time in California. She was shocked and devastated to learn that she might not be able to visit Gilbert in Vancouver

Anne learns that she may be able to apply for individual rehabilitation with the Canadian immigration authorities after consulting with a local DUI attorney5She can visit Canada even though she has a drunken driving conviction

Our is belowCriminal defense and attorneys in California6The address is listed below


California has a history of convictions for drunk driving and inadmisibility to Canada


How to enter Canada with a conviction for a crime


Rehabilitation that is Deemed


Individual rehabilitation


There is a record of suspension or discharge


There are temporary resident permits

If you would like more information after reading this article, you can contact us at Shouse Law Group

California has a history of convictions for drunk driving and inadmisibility to Canada

A conviction for California drunk driving can prevent a non-Canadian from entering the country7

Canadian law states that aliens may not be admitted to the country if they have a criminal record

  1. Two convictions for crimes that don’t grow out of a single event, and they are for any offenses that would be crimes in Canada
  2. Canadian law calls an indictment offense8An indictment is a relatively serious crimeIn Califonia law, a felony is a felony9)

The Canadian immigration law considers the offense of drunk driving to be an indictment

A conviction is also included. ‚Äúreckless wetA common plea bargain from drunk driving charges. It is considered equivalent to the indictable offense of “impaired driving” in Canada10

Canadian immigration law is harsher than the U.S. law

For non-U.S. citizens, it’s not possibleImmigration consequences of a conviction for driving under the influenceA simple drunk driving without any of the factors that can cause it is not harshDeportable crimesOrIs it not a crime?11American courts don’t consider the act of driving under the influence to be a crimeThere is a crime involving moral turpitudeFor which immigration penalties may be appliedThere are 12

Canadian law prevents you from entering Canada if you have a single conviction for California driving under the influenceIt is a felony for the driver to be drunkOr is only prosecutedIt was a small crime13


The example is about something
Henry is an executive with a shipping company. He was pulled over and arrested for drunk driving after a business dinner

Henry is concerned that no one he works with will find out about the drunk driving incident. He pleaded guilty to the crime of driving under the influenceFirst time with a suspended licenseAs a penalty

Henry was asked to travel to Canada to negotiate a deal. He realized that the drunk driving on his record could prevent him from going

  • You were convicted of a crime when you were a minor
  • You were triedCalifornia has a juvenile court systemFor the offense14

How to enter Canada with a conviction for a crime

Canadian immigration law makes several exceptions to the rule that non-Canadians with a criminal conviction for a drunken driving offense are not allowed to enter the country

Rehabilitation Deemed

You can get permission to enter Canada even if you have a California drunk driving conviction15

  1. The maximum term of imprisonment for a conviction of a California Drunken Driving offense was less than ten yearsThere was gross vehicular manslaughter16OrThe drug is a murder17) ;
  2. You have completed the sentence for your crimeTen years agoAnd
  3. You have not been convicted of any crime in the last 10 years, which is a good sign18

If you meet the requirements for deemed rehabilitation, you can enter Canada without having to apply or take any further steps19It is important to show that your sentence was completed more than 10 years ago

Individual rehabilitation

If you have not yet completed your sentence for a crime like a drunk driving or wet reckless, you may still be able to enter Canada through what Canadian authorities call “individual rehabilitation” or “rehabilitation by application”20

If you completed your sentence, individual rehabilitation is available to youFive years ago21The five-year waiting period is calculated

  • 5 years from the date of sentencing if you received a suspended sentence
  • 5 years from the date you paid the fine, if you received a suspended sentence
  • If you were sentenced to prison but not parole, you would be out of prison 5 years from the end
  • If you were sentenced to either parole or a supervised release, you would have to wait 5 years from the end of your parole or supervised release
  • You can get a driver’s license suspension for 5 years from the end date


The example is about something
Mike was convicted of drunk driving and was sentenced to three years in prisonThe summary is a year of supervised releaseHe gets a 2010 awardThe second conviction was for driving under the influence. He is sentenced to 30 days in jail and a two-year driver’s license suspension that is converted to a restricted license after a year if he agrees to get an licenseThe device that makes the ignition interlock work is called the ignition interlock deviceinstalled

The restrictions on Mike’s driving privileges ended in 2012 He will be able to apply for individual rehabilitation in Canada in the year of 2017:

Individual rehabilitation requires you to apply to the Canadian immigration authorities

The application form is what you have to fill outThe Canadian form IMM 1444 is used for criminal rehabilitation. You must explain why you think you are rehabilitated and not a risk to public safety in Canada

If your application is rejected, you must pay a processing fee. The form and fee can be submittedCanadian visa officeIn the U.S23

The Canadian immigration officer will consider a number of factors when deciding whether or not to grant your application for rehabilitation from a drunk driving conviction

  • The number of convictions on your record
  • The seriousness of each crime
  • Your behavior since your convictions
  • Your explanation of your criminal behavior and why you are not likely to commit more crimes
  • Why do you think you are rehabilitated?
  • Your community support is included in your present circumstances24

It can take over a year to process individual rehabilitation applications. If you have a drunken driving record in the last 10 years, and you know you will need to move to Canada, this is an option worth pursuing. It is a good idea to work with a lawyer who is familiar with the process because the Canadian immigration officer will want to see a specific kind of story on your application

There is a record of suspension or discharge

Canadian law allows you to be in the country if you have a record suspension for a drunken driving conviction26

A record suspension is a Canadian legal conceptCalifornia has a drunken driving lawIf you have an expungement, you can use it

  1. You have successfully completed your sentence for drunk driving
  2. You are not currently charged with a criminal offense, on a criminal offense or serving a sentence for a criminal offense27

It may be easier to apply for a California expungement of a drunk driving conviction with the help of a California defense lawyer than it is to apply for individual rehabilitation for Canada

It is important to confirm that a California expungement will meet the requirements for a record suspension under criminal immigration law. You can discuss your case with a Canadian visa office or an attorney who is experienced in Canadian criminal inadmissibility matters

There are temporary resident permits

If less than 5 years have passed since you were sentenced for a crime, you are not eligible for individual rehabilitation28You can still enter Canada if you apply for a temporary resident permit29

If you have a recent conviction for driving under the influence, you may be able to get a temporary resident permit. However, it will allow you to visit Canada only

  • For a specific purpose
  • For a short time30

If you want to move to Canada to look for work, a temporary resident permit may not be the best option


The example is about something
Henry, the business executive with a drunk driving conviction, is our example. Henry needs to travel to Canada to negotiate a business deal. He will need to stay in the country for a week. He has no criminal record outside of his single drunk driving conviction

Henry might be able to make the trip despite his drunk driving if he were to get a temporary resident permit

To be eligible for a temporary resident permit, you must be able to show that your need to enter Canada is compelling enough to outweigh any risk to public safety that you might present31This means that both are

  • The reason for your visit
  • The nature of your criminal record

The processing fee is two hundred Canadian dollars32An experienced attorney could help make your application successful

entering canada dui help caliofrnia attorneys

If you are in need of help with entering Canada and have a drunk driving offense, we invite you to contact us at Shouse Law Group. We can give a free consultation. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho CuCAMonga, and the state of California

For more information on Nevada drunk driving, please see our pageNevada drivers are guilty of drunk driving


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4Canadian IRPA 24 is a permit that allows someone with a conviction for a crime to enter Canada. If an officer thinks that a foreign national who is not in line with the requirements of this Act is justified in the circumstances, and that a temporary resident permit is issued, the permit may be canceled at any time


6Our criminal defense attorneys in California have law offices in Beverly Hills, Burbank, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, and Van Nuys. We have additional law offices in several cities throughout the state


8Canadian IRPA 36 includes a criminal inadmissibility for a conviction for a drug offense.


9Black’s Law Dictionary is a bookIndictable offense. A crime can only be prosecuted by an indictment. Such an offense is punished in federal court by death or imprisonment for more than one year


10Canadian CC 255 is about a drunk driving offense in Canada. Every person who commits an indictable offence or an offence that is punished with a summary conviction is liable

Canadian IRPA 36 includes a criminal conviction. If an offence is prosecuted by way of indictment, even if it has been prosecuted summarily, it is deemed to be an indictable offence


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11Immigration

INA 212, 8 U.S.C. 1182, does not make an alien inadmissible for a single drunk driving conviction


There are 12The Matter of Lopez-Meza


14Canadian IRPA 36 includes a criminal conviction. The inadmissibility of someone is not based on an offense


15Canadian IRPA 36 includes a criminal inadmissibility for a conviction for a drug offense.


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17Murder charges may be filed in connection with a California drunk driving case

Penal Code 190 PC is a punishment forDUI murder. Every person guilty of murder in the second degree in California will be sentenced to 15 years to life in prison


18See the Citizenship and Immigration CanadaIncluding a California drunk driving conviction


25The Van Nuys attorney is a lawyerJohn Murray is a manOne of the leading experts on the subject of drunk driving is in Southern California. He has a great reputation for success at the Department of Motor Vehicles hearing locations in the City of Commerce, El Segundo, San Bernardino, and Van Nuys. Mr. Murray knows how to minimize the impact of a conviction on your life, including any restrictions on your ability to travel to Canada


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28Citizenship and Immigration CanadaRehabilitation for people who have been convicted of a crimeEndnote 18 is included in California DUI

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