Thinking about traveling to Canada? You’d better reconsider if you have been convicted of DWI or DUI (Driving While Impaired or Driving Under the Influence) within the last 10 years. Any type of impaired driving offence is considered the equivalent to the Canadian Criminal Code offence of impaired driving. This includes misdemeanor convictions. Canadian law considers impaired driving to be a serious offence. This attitude is also held by most Canadians.
Across Canada, impaired driving is driving with a blood alcohol concentration (BAC) above .08 or driving while impaired by alcohol or drugs. It is a serious offence to fail to give a breath sample when requested by police, with penalties the same as those for driving while impaired. A first offense conviction of impaired driving results in a criminal record, a minimum $1000 fine, and a driving prohibition for a minimum of one year.
Routine screening upon entry into Canada includes the question, “Have you ever been convicted of a crime?” If you have been convicted of impaired driving – even if no collision was involved - you may be denied entrance. Even with no other criminal violations. Think carefully. Don’t lie about any convictions, regardless of how ‘trivial’. This is especially true if you’re entering from the U.S. Increased cooperation between Canada and U.S., as part of post-911 security measures, means that the border agent could already have access to criminal records. Lying/forgetting about a conviction could get you barred from entry into Canada for many years.
A person with a conviction may be deemed rehabilitated and be eligible for entry after a certain period has expired from the completion of the sentence imposed (which would include any driving suspension) on the conviction. Depending on the offence, this period may be as short as 5 years or as long as 10 years. If a person cannot qualify for deemed rehabilitation, they may apply for individual criminal rehabilitation.
A person may not apply for criminal rehabilitation for 5 years following the original conviction (note the difference with deemed rehabilitation where the period begins with the completion of the sentence). After this five-year waiting period (assuming the person has not been convicted of another offence) Americans (for example) can apply for “criminal rehabilitation” by submitting the following:
- An application form IMM 1444E
- A passport size photograph
- A copy of your passport data pages
- An FBI police certificate
- A state police certificate
- Copies of court documents indicating the charge, section of law violated, the verdict, and sentencing
- Proof of completed sentences, paid fines, court costs, ordered treatments, etc.
- Copies of the text of the law describing the offence.
- Detailed explanation of the circumstances surrounding the offence
- Three letters of reference from responsible citizens.
- A non-refundable processing fee of $180 USD