DWI Laws in Canada
Drunk Driving
Driving under the influence of alcohol is a serious offense. Penalties are heavy, and any prior conviction (no matter how long ago or how minor the infraction) is cause for exclusion from Canada. A waiver of exclusion may be obtained from a Canadian consulate in the United States, but several weeks are required. There is a processing fee for the waiver.
Automobile Radar Detectors
It is illegal to take automobile radar detectors into the provinces of Qubec, Ontario, and Manitoba or into the Yukon and Northwest territories. The police will confiscate radar detectors, whether in use or not, and may impose fines up to $1000.
DWI Laws in Canada
Previous Convictions
Section 19 of Canada's Immigration Act prohibits the admission of people who pose a threat to public health, safety, order, and national security. Prior to attempting a border crossing, American citizens who have had a criminal conviction in the past must contact the nearest Canadian embassy or consulate well in advance to determine their admissibility as visitors into Canada. If found inadmissible, an immigration officer will advise whether a waiver (Minister's Permit) is possible.
Canada: DWI or DUI - Driving convictions
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 ten 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 offence conviction of impaired driving results in a criminal record, a minimum $1000 fine, and a driving prohibition for a minimum of one year.
DWI Laws in Canada
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
It might be possible to get a temporary resident permit to enter Canada prior to rehabilitation, but this is up to the passport control officer's discretion and requires a $200 (Canadian) fee. The temporary resident permit is meant to allow entry for exceptional circumstances, which would include reasons of national interest or on strong humanitarian or compassionate grounds
DWI Laws in Canada
One more interesting twist on this involves transiting the Vancouver International Airport (and quite possibly any other Canadian airport). When arriving on an international flight from the USA, you will be required to clear passport control, even if you are continuing to a connecting international flight with a destination outside of Canada. If they find the DWI / DUI on your record they may send you to the immigrations screening and potentially a very long wait (they will not care if you miss your connecting flight).
Drunk Driving
Driving under the influence of alcohol is a serious offense. Penalties are heavy, and any prior conviction (no matter how long ago or how minor the infraction) is cause for exclusion from Canada. A waiver of exclusion may be obtained from a Canadian consulate in the United States, but several weeks are required. There is a processing fee for the waiver.
Automobile Radar Detectors
It is illegal to take automobile radar detectors into the provinces of Qubec, Ontario, and Manitoba or into the Yukon and Northwest territories. The police will confiscate radar detectors, whether in use or not, and may impose fines up to $1000.
DWI Laws in Canada
Previous Convictions
Section 19 of Canada's Immigration Act prohibits the admission of people who pose a threat to public health, safety, order, and national security. Prior to attempting a border crossing, American citizens who have had a criminal conviction in the past must contact the nearest Canadian embassy or consulate well in advance to determine their admissibility as visitors into Canada. If found inadmissible, an immigration officer will advise whether a waiver (Minister's Permit) is possible.
Canada: DWI or DUI - Driving convictions
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 ten 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 offence conviction of impaired driving results in a criminal record, a minimum $1000 fine, and a driving prohibition for a minimum of one year.
DWI Laws in Canada
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
It might be possible to get a temporary resident permit to enter Canada prior to rehabilitation, but this is up to the passport control officer's discretion and requires a $200 (Canadian) fee. The temporary resident permit is meant to allow entry for exceptional circumstances, which would include reasons of national interest or on strong humanitarian or compassionate grounds
DWI Laws in Canada
One more interesting twist on this involves transiting the Vancouver International Airport (and quite possibly any other Canadian airport). When arriving on an international flight from the USA, you will be required to clear passport control, even if you are continuing to a connecting international flight with a destination outside of Canada. If they find the DWI / DUI on your record they may send you to the immigrations screening and potentially a very long wait (they will not care if you miss your connecting flight).
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