Entering Canada After a DUI Arrest or Conviction

Being neighbors with Canada makes it easy to forget that like any foreign country, Canada has special requirements that must be met before being allowed to visit or stay in the country. To visit Canada, a person must:

• Have a valid travel document (such as a passport)
• Be in good health
• Satisfy an immigration officer that they have ties that will take them back to their country of origin (such as a job, home or family)
• Agree to leave Canada at the end of the visit
• Have enough money for their stay

A Crime in the U.S. Can Prevent Entry into Canada

Some people, even if they have met all the above requirements, are still inadmissible and are not allowed to enter the country. A person is considered inadmissible and will not be allowed to visit or stay in Canada if they have committed or have been convicted of a crime in, or outside of, Canada. This includes a convicted for driving while under the influence of alcohol or drugs.

An Arrest in the U.S. for DUI Can Prevent Entry into Canada

Many people do not that know that someone only arrested for DUI, but not yet convicted, will have the same result as if they had been found guilty. They will be considered inadmissible to Canada. A person is considered criminally inadmissible if:

• There is a trial under way
• There is a warrant out for their arrest
• Charges are pending against them, or
• An officer has credible information that they committed an offense outside of Canada.

Rehabilitation Allows Entry into Canada After a Conviction

If a person has been deemed criminally inadmissible they may at a later point be considered rehabilitated. Rehabilitation means that the person has led a stable life and is not likely to commit new crimes. A person is eligible to apply for rehabilitation if they committed a crime outside of Canada, for which they were not charged and 5 years have passed since; or, if they were convicted of a crime outside of Canada and 5 years have passed since the end of their sentence.

To prove a person has been rehabilitated, he/she must:

• Provide proof that at least 5 years have passed since the end of any sentence imposed, including any parole or probation.
• Show proof of a stable lifestyle, permanent residence, employment, and letters of reference attesting to their good character which would show that further criminal activity is unlikely.

It should be noted that an application for rehabilitation can take over one year to process. This would amount to a 6 year delay in being able to enter or visit Canada as a result of a DUI arrest.

Contact the Chestney Law Firm to Discuss Your DUI Arrest and Options

At the Chestney Law Firm, it's our job to know and inform our clients of the many negative impacts a DUI conviction will have on their futures. Discussing these things with our clients helps them make the right decision as to whether they should fight their DUI charges or plead guilty.

If you or a loved one has been arrested for impaired driving in Georgia, call our Atlanta-based DUI attorneys today at (404) 816-8777, or fill out the form on the right side of this page.