Entering Canada with a DWI

O Canada. Our neighbor to the north. Many people from Minnesota like to take trips to Canada for hunting or fishing. There is a vast amount of nature, and it is a great place for these types of activities, and even just to relax in nature. However, not everyone that lives here is allowed to enter Canada. This is because they have been convicted of a DWI.

DWI’s are considered serious offenses in Canada, and even a first time DWI can carry much higher penalties than a first time DWI in Minnesota. Because of this, an individual that is convicted of a DWI is deemed inadmissible into Canada. It does not matter if the conviction here in Minnesota is for a Misdemeanor DWI, which is the lowest possible level. What matters is that in Canada, it would be considered a serious offense.

Pending DWI Cases

While you may just have a pending DWI case, meaning that you have not yet been convicted, there is no presumption of innocence for purposes of Canadian immigration. So just being arrested and charged with a DWI, even if you are still going through the court process, can cause you to be inadmissible to Canada. This can be extremely difficult, especially for people that do not know this to be the case. Many people end up finding out because they drive to the border, many times traveling for many hours, and they are turned away by Canadian border patrol.

Once you are convicted of a DWI, there are a few different ways that you can get into Canada. However, these options are very complicated, very expensive, and can require hiring a Canadian immigration attorney. The first option is called a Temporary Resident Permit (TRP). A TRP allows a person who would normally be inadmissible due to a DWI to enter Canada for a specific period of time. These are not handed out easily. You need to have a valid reason to travel to Canada and entering for hunting or fishing trips are generally not considered a valid reason.

The Criminal Rehabilitation Process

While the TRP is only a temporary solution, the second option is a permanent one. It is called Criminal Rehabilitation. If you can get through Canada’s Criminal Rehabilitation process, you will be allowed into Canada for the rest of your life, for any reason. While this option sounds great, it is not an easy route to take. Not only can it take a very long time to obtain, but it is also very expensive, generally requires an attorney to make sure everything is done correctly, and there is a long list of eligibility requirements that must be met.

One of the biggest requirements is that the individual has completed their sentence at least 5 years prior to attempting to obtain rehabilitation. This means that you need to have completed your probation. So just because your DWI happened 5 years ago does not mean that you are eligible for rehabilitation. Rather, you must go from when you got off of probation. Depending on the level of your DWI offense, probation is generally anywhere from 1 to 5 years. Generally speaking, a DWI case takes about 6 months to resolve. This means that it will likely be 6 to 10 years before an individual that is convicted of a DWI can apply for Criminal Rehabilitation.

There are many potential consequences to a DWI conviction in Minnesota. If you need to travel to Canada for any reason, and you are charged with a DWI, it is imperative that you consult with an experienced Minnesota DWI attorney to go over all your options and come up with the best plan for your case. If you have concerns about your ability to travel to Canada, contact Cody Wright today to set up a free consultation and go over all your options.