You may be refused entry. Canada says a conviction for driving while impaired by alcohol or drugs, including one from outside Canada, may make you inadmissible for serious criminality. It describes ways to become admissible again or to enter temporarily, but none of them assures entry.

Why a California conviction matters at the border

Canada decides who may enter under its own immigration law. The Government of Canada’s page on impaired driving says that a person convicted of driving while impaired by alcohol or drugs, including cannabis, “may be inadmissible to Canada for serious criminality,” whether the crime happened in Canada or outside Canada (Immigration, Refugees and Citizenship Canada).

That is a different question from how a DUI affects a non-citizen’s status in the United States, which is covered on our DUI immigration consequences page.

The date of the offense matters

Tougher penalties for impaired driving took effect in Canada on December 18, 2018. For an offense committed before that date, Canada’s impaired driving page says it decides inadmissibility under the penalties in force at the time, and you may be found inadmissible for “criminality, and not serious criminality,” unless you received a prison sentence in Canada of more than six months. For an offense on or after that date, the general statement applies: you may be inadmissible for serious criminality.

The paths Canada describes

Canada’s impaired driving page and its page on overcoming criminal convictions describe three ways a person found inadmissible might still be able to enter, each with limits.

Deemed rehabilitation. This means enough time has passed that the conviction may no longer bar entry, and you must convince an immigration officer that you meet the legal terms. Canada’s impaired driving page mentions it only for offenses committed before December 18, 2018 that are treated as criminality, where you may be eligible once at least 10 years have passed since you completed your sentence. The page on overcoming criminal convictions adds that deemed rehabilitation is available only if the crime would carry a maximum prison term of less than 10 years if committed in Canada.

Individual rehabilitation. This is an application asking Canada to find that you are rehabilitated. According to the page on overcoming criminal convictions, at least five years must have passed since the end of your sentence, including probation, and since the day of the offense. You pay a processing fee, and Canada says these applications can take over a year to process.

Temporary resident permit. A permit lets you enter Canada temporarily. According to the impaired driving page, you must show a compelling reason to enter and pay a processing fee, and an officer decides whether your need to enter outweighs the health or safety risks to Canadian society.

No outcome is assured

None of these paths assures entry. The impaired driving page states that there is no assurance you will be issued a temporary resident permit or allowed to enter, and that even with a valid permit, border services officers can refuse you entry.

If a reduced charge is on the table

Canada’s impaired driving page does not say how it treats a conviction for a reduced California charge, such as a wet reckless, dry reckless, or exhibition of speed. If your California DUI case is still open and a reduction is being discussed, raise any plans to travel to Canada with your lawyer before you enter a plea.

If you have a California DUI case or conviction and plan to travel to Canada, contact the Law Offices of David S. Chesley at (800) 755-5174 to talk through your situation before you go.