Can I Go to Canada with a DUI? Why 2018 Changed Everything—And What You Can Do Now
A DUI conviction makes you criminally inadmissible to Canada—meaning you can be denied entry at the border, even if your conviction is decades old. Since December 18, 2018, when Canada changed its impaired driving laws, even a single DUI is classified as “serious criminality” punishable by up to 10 years in prison. This means most people with DUI convictions can no longer enter Canada without special permission, regardless of how long ago the incident occurred.
Here’s the shocking reality: thousands of Americans discover this at the worst possible moment—standing at the Canadian border with family trips canceled, business meetings missed, and cruise vacations ruined. Canadian Border Services Agency (CBSA) has full access to FBI criminal databases, meaning that 20-year-old DUI you thought nobody would care about? Canada knows, and they can turn you away without hesitation.
Why a DUI Makes You Inadmissible to Canada
Canada doesn’t care whether your DUI was a misdemeanor or felony under US law. What matters is how the offense translates to Canadian law.
In Canada, impaired driving is a “hybrid offense”—meaning prosecutors can charge it as either a summary offense (similar to a US misdemeanor) or an indictable offense (similar to a US felony). At the border, Canadian immigration law treats ALL hybrid offenses as indictable, which means your misdemeanor DUI is treated like a serious crime.
Before December 2018, a DUI in Canada carried a maximum penalty of 5 years imprisonment. After Bill C-46 passed, that maximum jumped to 10 years, reclassifying impaired driving as serious criminality.
This single law change eliminated automatic forgiveness for most DUI convictions and created a lifetime ban for many Americans.
The Critical 2018 Law Change: What It Means for You
If Your DUI Happened BEFORE December 18, 2018:
You may be eligible for “grandfathered” deemed rehabilitation after 10 years from completion of your sentence—but only if you have a single DUI with no accidents or injuries. You’ll likely need a Legal Opinion Letter from a Canadian immigration attorney proving your eligibility.
If Your DUI Happened ON OR AFTER December 18, 2018:
You can never be deemed rehabilitated automatically. You are potentially inadmissible to Canada for life unless you obtain a Temporary Resident Permit (TRP) or apply for Criminal Rehabilitation.
This applies even if your DUI was 5, 10, or 20 years ago—if the offense occurred after December 2018, the 10-year forgiveness rule doesn’t apply.
What Happens at the Canadian Border
Canadian border officers have instant access to the FBI’s National Crime Information Center (NCIC) database. The moment you hand over your passport or Enhanced Driver’s License, they can see your entire criminal history—including arrests, convictions, expunged records, and sealed cases.
There is no “presumption of innocence” at the border. Even pending DUI charges where you haven’t been convicted can result in denial of entry.
If CBSA discovers your DUI and you don’t have proper documentation (TRP or Criminal Rehabilitation approval), here’s what happens:
- You’re pulled into secondary inspection
- Officers question you about your conviction
- They determine you’re criminally inadmissible
- You’re denied entry and turned back
- A formal denial is entered into Canada’s immigration system
That denial creates a permanent record in Canadian systems, making future entry even more difficult.
Your Three Options to Enter Canada with a DUI
Option 1: Deemed Rehabilitation (Only for Pre-2018 Single DUIs)
What It Is:
Automatic eligibility to enter Canada without applying for special permission, based solely on the passage of time.
Who Qualifies:
- You have only ONE DUI conviction
- The DUI occurred BEFORE December 18, 2018
- At least 10 years have passed since completion of ALL sentencing (including probation, fines, license suspension, DUI classes)
- The DUI did not involve injury, property damage, or weapons
- You have no other criminal convictions
The Catch:
Even if you technically qualify, CBSA officers may not recognize your eligibility without proof. Immigration attorneys strongly recommend bringing a Legal Opinion Letter from a Canadian lawyer explaining why you’re deemed rehabilitated, along with court documents proving your sentence completion date.
Cost: No application fee, but expect $1,500-$3,000 for a Legal Opinion Letter from an immigration attorney.
Option 2: Temporary Resident Permit (TRP)
What It Is:
A temporary waiver that allows you to enter Canada for a specific purpose despite being criminally inadmissible. Valid for single entry or multiple entries for up to 3 years.
Who Qualifies:
- Anyone with a DUI who needs to enter Canada
- People whose DUI occurred less than 5 years ago (the only option if you’re not eligible for Criminal Rehabilitation yet)
- Those who need access before Criminal Rehabilitation is approved
When to Use It:
- Business trips with specific start/end dates
- Family emergencies
- Attending weddings, funerals, or medical appointments
- Tourism with documented travel plans
Application Process:
You can apply through a Canadian consulate (takes 3-8 months) or request an emergency TRP at the border (risky—no guarantee of approval, and denial creates a permanent record).
Required Documentation:
- Certified court records showing charges, conviction, and sentencing
- Proof of completion of ALL sentencing requirements (probation completion letter, proof of fines paid, license reinstatement)
- Detailed travel itinerary showing reason for visit
- Letter explaining why your visit is important
- Character references
- Evidence of rehabilitation (employment records, community involvement, clean record since DUI)
Cost:
- Government filing fee: $200 CAD (~$145 USD)
- Legal assistance: $1,000-$3,500 depending on complexity
Processing Time: 3-8 months through consulate; same-day decision if applied for at border (but high risk of denial)
Validity: Can be issued for single entry or up to 3 years for multiple entries
Option 3: Criminal Rehabilitation (Permanent Solution)
What It Is:
A permanent pardon that removes your criminal inadmissibility forever. Once approved, you can travel to Canada freely without restrictions.
Who Qualifies:
- At least 5 years have passed since completion of ALL sentencing (probation, fines, license suspension, DUI programs)
- You can demonstrate you’ve been rehabilitated and are unlikely to reoffend
Why It’s Better Than a TRP:
- Permanent solution—never expires
- No need to reapply for future trips
- Freedom to enter Canada any time without worrying about border denial
Application Process:
Submit a comprehensive application to Immigration, Refugees and Citizenship Canada (IRCC) including:
- Certified court records
- Proof of sentence completion
- FBI background check
- Police clearance certificates
- Character references
- Personal statement explaining your rehabilitation
- Employment history
- Community involvement
- Evidence of positive life changes since the DUI
Cost:
- Non-serious criminality (DUIs before Dec 2018): $246 CAD (~$180 USD)
- Serious criminality (DUIs after Dec 2018): $1,231 CAD (~$900 USD)
- Legal assistance: $2,500-$5,000+ depending on complexity
Processing Time: 12-18 months (sometimes longer)
The Catch: You cannot apply until 5 years after completing ALL sentencing. This is the biggest barrier for people with recent DUI convictions.
Multiple DUIs: A Lifetime Ban Without Special Permission
If you have two or more DUI convictions—even from 20+ years ago—you can NEVER be deemed rehabilitated automatically. Your only options are:
- Temporary Resident Permit (valid for specific trips)
- Criminal Rehabilitation (permanent solution)
Multiple DUIs are viewed as a pattern of behavior, making approval significantly harder. Border officers and immigration officials will scrutinize applications much more carefully, and you’ll need to provide substantial evidence of rehabilitation.
What “Completion of Sentence” Actually Means
This is where many people get confused. The 5-year or 10-year clock doesn’t start when you were convicted—it starts when you’ve completed EVERY element of your sentence:
- Jail time served (if any)
- All fines and court fees paid in full
- Probation completed
- Community service completed
- DUI classes/alcohol education programs finished
- Driver’s license fully reinstated (not just restricted or probationary license)
- Ignition interlock device requirement ended
- All other court-ordered requirements satisfied
If your conviction was in 2015 but you didn’t finish probation until 2018, the clock started in 2018, not 2015.
Special Circumstances That Make Entry Even Harder
DUI with Injury or Property Damage:
Never eligible for deemed rehabilitation. You’ll need Criminal Rehabilitation or a TRP. These cases face much higher scrutiny.
Pending DUI Charges:
You’re inadmissible even if you haven’t been convicted yet. You must wait until the case is resolved. If charges are dropped or dismissed, bring documentation proving this.
Expunged or Sealed Records:
Under Canadian immigration law, expunged and sealed records still count. Canada can still see them in FBI databases, and they still make you inadmissible. Only a Canadian Record Suspension (pardon obtained in Canada for a Canadian conviction) or Canadian Criminal Rehabilitation application can overcome this.
Wet Reckless or Reduced Charges:
Even if your DUI was reduced to wet reckless, reckless driving, or another charge, Canada looks at the original arrest and what the offense equates to under Canadian law. A wet reckless plea bargain doesn’t change your inadmissibility status.
Deferred Adjudication or Diversion Programs:
If you’re currently in a diversion program, you’re considered inadmissible until you complete the program and receive documentation showing favorable outcome (charges dismissed, case closed).
What to Bring to the Canadian Border
If you’re traveling to Canada with a DUI and believe you qualify for deemed rehabilitation, or if you have a TRP or Criminal Rehabilitation approval, bring:
For Deemed Rehabilitation (Pre-2018 Single DUI, 10+ Years):
- Legal Opinion Letter from Canadian immigration attorney
- Certified court records showing conviction and sentencing
- Proof of sentence completion (probation completion letter, fine payment receipts, license reinstatement documents)
- FBI background check showing no other convictions
For TRP or Criminal Rehabilitation:
- Original approval letter from IRCC
- Copy of your application
- Passport and travel documents
- Travel itinerary
Never Bring:
- Originals of court documents you can’t replace—bring certified copies
- Assumptions that “it’s been so long, they won’t care”
Frequently Asked Questions
Q: Can Canada see my DUI if it was expunged?
Yes. Canadian border officers have access to FBI databases that contain arrest records regardless of expungement or sealing. Under Canadian immigration law, expunged records still count toward inadmissibility.
Q: What if I lie at the border and don’t mention my DUI?
This is immigration fraud and can result in a permanent ban from Canada, criminal charges, and being barred from future entry. CBSA has your criminal record—they already know.
Q: How long does a TRP last?
TRPs can be issued for single entry or multiple entries for up to 3 years, depending on your reason for travel and the strength of your application.
Q: Can I apply for Criminal Rehabilitation if it’s only been 4 years?
No. You must wait until at least 5 years have passed since completion of ALL sentencing. Apply too early and your application will be rejected.
Q: What if I have a DUI from 15 years ago but also a shoplifting charge from 8 years ago?
You don’t qualify for deemed rehabilitation because you have more than one conviction. You’ll need a TRP or Criminal Rehabilitation covering both offenses.
Q: Do I need a lawyer?
While not legally required, immigration attorneys significantly increase approval chances for TRP and Criminal Rehabilitation applications. These are complex legal processes where small mistakes can result in denials.
Q: What if I’m denied entry at the border?
You’re turned back to the US and a denial record is entered into Canadian immigration systems. This makes future entry harder. You’ll need to apply for a TRP or Criminal Rehabilitation before attempting entry again.
Q: Can I enter Canada by private boat or small border crossing to avoid detection?
No. This is illegal entry and can result in criminal charges in both countries, permanent bans, and serious legal consequences.
Q: What if I’m just driving through Canada to get to Alaska?
You still need to enter Canada legally. If you’re inadmissible due to a DUI, you need a TRP or Criminal Rehabilitation even if you’re just driving through.
Q: How much does it cost to enter Canada with a DUI?
- Deemed rehabilitation: $0 government fees (but $1,500-$3,000 for Legal Opinion Letter recommended)
- TRP: $200 CAD government fee + $1,000-$3,500 legal fees
- Criminal Rehabilitation: $246-$1,231 CAD government fee + $2,500-$5,000+ legal fees
The Bottom Line
Can you go to Canada with a DUI? The honest answer is: maybe, but only if you take the right steps.
If you have a single DUI from before December 2018 and it’s been 10+ years since you completed your sentence, you might be deemed rehabilitated—but bring documentation proving it.
If your DUI is more recent, happened after 2018, or you have multiple convictions, you need either a Temporary Resident Permit (for short-term trips) or Criminal Rehabilitation (for permanent access).
Don’t risk showing up at the border unprepared. The consequences—missed business meetings, canceled family vacations, ruined travel plans—aren’t worth the gamble.
Consult with a Canadian immigration attorney to determine your eligibility, prepare your application properly, and maximize your chances of approval. The investment in professional legal help is far less than the cost of being denied entry when you need to cross the border most.
Official Resources:
- Immigration, Refugees and Citizenship Canada (IRCC): www.canada.ca/en/immigration-refugees-citizenship
- Canadian Border Services Agency: www.cbsa-asfc.gc.ca
- Temporary Resident Permit Information: canada.ca/temporary-resident-permit
- Criminal Rehabilitation Applications: canada.ca/criminal-rehabilitation
- US State Department Canada Travel: travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/Canada.html
Legal Assistance: For complex DUI inadmissibility cases, consult with Canadian immigration attorneys who specialize in criminal rehabilitation and temporary resident permits. Many offer free initial consultations to assess your eligibility.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Canadian immigration law is complex and highly fact-specific. Entry decisions are made by Canadian Border Services Agency officers on a case-by-case basis. Consult with a qualified Canadian immigration attorney for personalized guidance regarding your specific situation before attempting to enter Canada with a DUI conviction.
About the Author
Sarah Klein, JD, is a former criminal defense attorney with hands-on experience in cases involving DUIs, petty theft, assault, and false accusations. Through All About Lawyer, she now helps readers understand their legal rights, the criminal justice process, and how to protect themselves when facing charges.
Read more about Sarah