It’s a common misconception that you’re free to travel to Canada after a DUI arrest, as long as you haven’t been officially convicted. Unfortunately, this isn’t true. Canadian immigration law doesn’t operate under the presumption of innocence. This means that as soon as you are arrested for drunk driving, you may be considered inadmissible to Canada, even without a conviction.
This can be a significant issue for individuals with ongoing trials, pending charges, or outstanding arrest warrants. Canadian border officials can treat these situations similarly to convictions, potentially denying entry to Canada. Therefore, if you need to cross the border while awaiting a DUI trial outcome (or if court records haven’t been finalized), obtaining a Canada Temporary Resident Permit might be necessary to avoid being turned away.
Some individuals, confident in a “not guilty” verdict, might postpone their Canadian travel plans until after their court date. A complete acquittal could remove the grounds for inadmissibility due to criminality, potentially eliminating the need for a Temporary Resident Permit. However, “no conviction” outcomes are relatively rare. Even if your DUI charge is reduced to reckless driving or a “wet reckless” charge, you might still require special permission to enter Canada. Consequently, many Americans arrested for driving under the influence, particularly those needing access to Canada for work, choose to initiate the Temporary Resident Permit application process while their charges are still pending. Even if your DUI charges are dropped completely or you are found not guilty in the court of law, going to Canada after a DUI case was dismissed without prejudice can still be challenging since the original arrest will likely be visible to Canadian immigration officials at the border.
Why Canada Denies Entry: A Matter of Public Safety
Citizenship and Immigration Canada (CIC) policy ENF 2/OP 18, “Evaluating Inadmissibility,” states that Canada’s primary concern is to “prevent Canadian territory being used as a safe haven by persons who are subject to a criminal proceeding in a foreign jurisdiction.” To be deemed criminally inadmissible while awaiting trial, evidence must exist that the alleged criminal activity, if prosecuted in Canada, could lead to a conviction. Since both the US and Canadian legal systems prosecute impaired driving similarly, a pending DUI can easily result in border denial. Border agents often take a hard stance on visitors with a history of driving while intoxicated incidents. Under Canadian law, a DUI is a serious crime, potentially carrying a prison sentence of up to ten years.
Options for Travel with a Pending DUI: Temporary Resident Permit
For those who require travel to Canada with a pending DUI, applying for a Temporary Resident Permit (TRP) is often the most viable option. A TRP allows individuals who are otherwise inadmissible to enter Canada for a specific period. The application process requires demonstrating a compelling reason for travel, such as work obligations, family matters, or medical needs. Evidence of rehabilitation or steps taken to address the underlying issues related to the DUI can also strengthen your application.
It’s important to note that a TRP is not guaranteed, and the decision rests with Canadian immigration officials. The assessment process considers the severity of the offense, the applicant’s criminal history, and the potential risk to Canadian society.
When to Seek Legal Advice
Navigating Canadian immigration law with a pending DUI can be complex. Consulting with an experienced immigration lawyer can provide clarity on your specific situation and help you determine the best course of action. An attorney can assist with the TRP application process, ensuring that all necessary documentation is prepared and presented effectively. They can also advise on alternative options, such as waiting for the court case to be resolved before attempting to travel.
Traveling to Canada with a Pending DUI: Key Takeaways
Traveling to Canada with a pending DUI presents significant challenges. Being arrested for DUI, even without a conviction, can render you inadmissible under Canadian law. While waiting for a trial or with pending charges, a Temporary Resident Permit is often required to enter the country. Border officials prioritize public safety and take DUI offenses seriously. Seeking legal advice from an immigration lawyer is recommended to navigate the complexities of Canadian immigration law and determine the best strategy for your situation. Don’t risk being turned away at the border; take proactive steps to understand and address your inadmissibility.
To learn more about going to Canada with a pending DUI give us a phone call or fill out our contact form for a free assessment.
