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Washington DUI Convictions and Traveling to Canada

Persons who are inadmissible to Canada

If you are convicted of drunk driving (DUI) here in Washington State, you will not be allowed entry into Canada.

According to the Consulate General, members of so-called "Inadmissible Classes" will not be allowed entry into Canada.  The Inadmissible Classes include those that have been convicted of what the Consulate General refers to as "MINOR OFFENSES".  These are commonly known here in Washington State as crimes such as shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc. 

The Inadmissible Classes also includes people who have been convicted what the Consulate General refers to as "INDICTABLE CRIMINAL OFFENSES".  In Washington State, these are typically referred to as felony convictions and include crimes such as assault with a deadly weapon, rape, manslaughter, etc. 

Unfortunately, the Inadmissible Classes also specifically includes those who have been convicted of DRIVING UNDER THE INFLUENCE OF INTOXICANTS (DUI).

Therefore, if you are convicted of a Washington State DUI, you are considered a member of the so-called "Inadmissible Class".  This means that you will be denied entry into Canada if you are stopped at the border and a background check is performed. According to the Consulate General, driving while under the influence of alcohol is regarded as an extremely serious offence in Canada.

Those who have received traffic violations, such as for speeding and failure to wear a seatbelt, as well as other minor violations, such as littering, most likely will NOT be prohibited from entering Canada.  Similarly, those who have juvenile convictions (convictions for crimes committed while under age 18) most likely will NOT be prohibited from entering Canada unless they could have been tried as an adult for their offences.

TEMPORARY RESIDENT PERMIT, APPROVALS OF REHABILITATION, AND PERMISSION TO RETURN TO CANADA:

Those who have been convicted of an offence IN CANADA who wish to return to Canada must first apply for a PARDON from the CLEMENCY AND PARDONS DIVISION OF THE NATIONAL PAROLE BOARD.  A Pardon permanently erases the Canadian criminal record, and any consequences of inadmissibility resulting from it.  Those unable to obtain a pardon may still apply for a TEMPORARY RESIDENT PERMIT. For more information on pardons, your should contact the National Parole Board:

Those who have been convicted of an offence of OUTSIDE CANADA, and have had 5 years elapse since the termination of the custodial portion (if any) of the sentence imposed (not the sentence served), may apply for a Minister's APPROVAL OF REHABILITATION.  The Minister's Approval will permanently remove the inadmissibility caused by conviction.

If less than 5 years have elapsed, or if persons are only seeking entry to Canada for a single or limited period, then they may apply for a TEMPORARY RESIDENT PERMIT.

Those subject of a previous DEPORTATION ORDER FROM CANADA require PERMISSION TO RETURN TO CANADA before they can enter Canada. As well, those who have been subject of an EXCLUSION ORDER within the past 12 months require Permission to Return to Canada before they can re-enter Canada.

**NOTE: In general, applications for Temporary Resident Permits, Approvals of Rehabilitation and Authorization to Return to Canada take into consideration the nature of the offenses committed by the applicant, the number of offenses on the applicant's record, the length of time since the last offense, reports from parole or probation officers, the purpose for which entry into Canada is sought, and the applicant's standing in the community.

APPLYING FOR A TEMPORARY RESIDENT PERMIT, APPROVAL OF REHABILITATION, OR PERMISSION TO RETURN TO CANADA:

Persons may apply for a Temporary Resident Permit, Approval of Rehabilitation, or Permission to Return to Canada either in Canada or at one these CANADIAN VISA OFFICES IN THE UNITED STATES:

• The Canadian Consulate General in BUFFALO, NY
• The Canadian Consulate General in NEW YORK, NY
• The Canadian Consulate General in DETROIT, MI
• The Canadian Consulate General in LOS ANGELES, CA
• The Canadian Consulate General in SEATTLE, WA

**NOTE: Be sure to visit the website of the Canadian Visa Office that will be processing your application to confirm hours of operation, processing times, documents/forms required, and other instructions. Application Forms may be obtained from the above offices.

DOCUMENTATION THAT MAY BE REQUIRED BY A CANADIAN VISA OFFICE TO PROCESS TEMPORARY RESIDENT PERMIT OR APPROVAL OF REHABILITATION APPLICATIONS:

• POLICE CERTIFICATES from the jurisdictions where the applicant has lived since his/her 18 birthday (or for the last 10 years).
• THE APPLICANT'S OWN STATEMENT OF CIRCUMSTANCES leading up to his/her conviction.
• COURT RECORDS relating to the applicant's conviction(s).
• REPORTS OF PROBATION OR PAROLE OFFICERS.
• A COPY OF THE STATUTE under which the applicant was convicted.
• THREE LETTERS FROM PERSONS OF STANDING IN THE COMMUNITY who know the applicant personally, and who can attest to the applicant's rehabilitation.

Many of our clients are shocked to learn that even a single Washington State DUI conviction will cause them to be denied entry into Canada.  Unfortunately, however, this is the truth.  Over the years, our experienced Washington State DUI lawyers have helped hundreds of clients avoid a DUI conviction.  If your business requires you to travel to Canada, or if you frequently vacation in Canada, a Washington DUI conviction will have severe consequences on your ability to travel freely into Canada.

Washington State DUI Lawyer