Can You Get Into Canada If You Have a DWI?
2 months ago by Justin M. Schiks
Many individuals facing a DWI conviction in Minnesota often ask, “Can you get into Canada if you have a DWI?” The reality is that a DWI can make you inadmissible to Canada. However, entry may still be possible through specific legal avenues, whether temporary or permanent. Understanding these options can make a significant difference, and our experienced team at JS Defense: Minnesota Criminal Defense Lawyer is here to guide you through the process.
How to Get Permission to Enter Canada if You Have a DWI
If you have a DWI conviction, Canada’s immigration laws categorize you as “criminally inadmissible.” Fortunately, there are ways to enter legally, including temporary and permanent solutions.
Temporary Solution
A Temporary Resident Permit (TRP) may allow someone to enter Canada for a specific purpose. Still, its approval is entirely at the discretion of Canadian immigration officials and is never guaranteed.
According to Immigration, Refugees and Citizenship Canada (IRCC), obtaining a TRP requires demonstrating a valid reason for travel and paying a processing fee of C$200. However, approval is not assured, and entry remains uncertain. While a TRP can be a viable option for urgent travel, it is not a long-term solution to inadmissibility.
Permanent Solution
If you want long-term access to Canada, you can apply for Criminal Rehabilitation or wait for the inadmissibility to expire.
Criminal Rehabilitation
You may apply for rehabilitation if at least five years have passed since completing your DWI sentence.
Deemed Rehabilitation
If more than 10 years have passed since completing all sentencing requirements, and you have no other convictions, you may be rehabilitated automatically.
Criminal Rehabilitation
Criminal Rehabilitation provides a permanent solution to enter Canada with a past DWI. According to Canada’s immigration laws:
Rehabilitation means that you are not likely to commit new crimes. You can apply for individual rehabilitation to enter Canada. The Minister or their delegate may decide to grant it or not. To apply, you must:
- Show that you meet the criteria.
- Have been rehabilitated and
- Be highly unlikely to take part in further crimes. Also, at least five years must have passed since:
- The end of your criminal sentence (this includes probation) and
- The day you committed the act that made you inadmissible.
You will no longer be considered inadmissible if approved due to your DWI conviction.
What Are the Reasons Canada Refuses Entry for DWI Offenders?
Canada enforces strict inadmissibility laws for individuals with DWI offenses due to public safety concerns. If you have a DWI, border officers may deny you entry for:
- A single DWI conviction (especially recent cases)
- Multiple DWI offenses
- Pending charges that could result in a conviction
- Failure to disclose your criminal record at the border
Even if your DWI was a misdemeanor in Minnesota, Canada treats it as a serious offense under its laws. This means that if you are asking, “Can you get into Canada if you have a DWI?” you will likely need legal assistance to determine your options.
Legal Basis for Canada’s Denial of Entry to Individuals with a DWI
Canada’s Immigration and Refugee Protection Act (IRPA) governs criminal inadmissibility.
- Foreign nationals with a DWI conviction are inadmissible due to criminality.
- Canada considers DWI offenses equivalent to indictable (felony) offenses, which can bar entry.
- A TRP or Criminal Rehabilitation is required to enter Canada legally.
Can You Be Allowed Into Canada with an Ongoing DWI Case?
Canada does not permit entry if your DWI case is still pending. Even if you have not been convicted, border officials may refuse entry based on charges alone. Traveling to Canada may not be possible until the case is resolved and you explore rehabilitation options.
Does It Matter If You Won’t Be Driving When Entering Canada with a DWI?
No, it does not matter if you are not driving. A DWI conviction still affects admissibility, even if you plan to enter as a passenger or by plane. The focus is on your criminal record, not your method of travel.
What Happens if You Have Multiple DWIs and Want to Enter Canada?
Having multiple DWI offenses makes entry significantly harder. Canada considers repeat offenses evidence of criminal behavior, making rehabilitation or a TRP approval more difficult. If you have multiple DWI convictions, applying for Criminal Rehabilitation is usually the only viable long-term solution.
Contact Our Experienced DWI Attorneys Today for Expert Legal Help
Understanding whether “Can you get into Canada if you have a DWI?” is crucial for anyone with a DWI conviction. The answer is nuanced and depends on your specific legal history. The experienced legal team at JS Defense: Minnesota Criminal Defense Lawyer can help you navigate these complexities, exploring options like Temporary Resident Permits, Criminal Rehabilitation applications, and other tailored legal strategies. Contact us at 952-945-7824, Woodbury, MN, for expert legal assistance.
