Canada DUI Entry Law

If you have a conviction like DUI.

Tips on Canada DUI Entry Law – Other Options Available

If you have a conviction like DUI, it becomes little difficult to get admission into the state of Canada. There are options like Temporary Resident Permit or Criminal Rehabilitations which ensures entry with DUI. But there are some exceptional cases which can allow you into the country with or without these permits.

Special Considerations

There are some considerations available for people with DUI to enter the state of Canada.

Emergency situations

You can be granted permit to enter Canada if you have a valid emergency condition. Such kind of condition can allow quick entry with a DUI conviction but with a TRP only. Emergencies that can allow quick entry are the following.

A family situation like the death or funeral of a close member can let you get inside the country though you have some criminal record under your name.

Severe health problem of a family member is also a valid emergency justification.
If you work in Canada or you have a family members living or working or studying here, you can meet them under this considerations.

Expunge DUI

Canadian authorities do not let anyone in with a criminal offence like drinking and driving. But if you are expunged from a DUI conviction, the immigration allows you to enter the state without any problem. Expunged conviction means the conviction never occurred. Hence it means you are not guilty of any charge.
The criminal database between America and Canada has all the information about cases, verdicts etc. But it always not updated on time. So you need to carry all the documents that show you have been expunged from the case. You can also get a legal opinion letter from an immigration attorney to explain the information.

Charge of DUI that has ended in non-conviction

Your entry into Canada may be difficult if you have been arrested for drinking and driving. But if you are acquitted from the case or the charges have been dropped then you won’t face a problem in getting permission to go into the state.

Many times mistakes occur at the border so you need to have all the documents that prove the verdict. A letter from an immigration notary supporting the judgment can help such situation.

But if the charges are under Deferred Disposition then it can create trouble getting a travel permit. Deferred prosecution is done to avoid going to jail, it means no verdict has been passed yet.

Civil DUI

In USA if a person is caught driving under the influence of alcohol for first time, they can be get away with civil license suspension. As no criminal offence is recorded, Canadian immigration officers won’t find a fault. It is considered no offence so they can be allowed entry in the state.

You can be arrested for drinking and driving and trial may go on. In such cases unless and until the verdict is passed you cannot get guaranteed entry into Canada. You can consult lawyers at www.canadaduientrylaw.com to get further information and help to enter into Canada easily.

Tips on Entering Canadian Borders with DUI

Entering Canada with a DUI record can become a nightmare for the people who are planning to visit Canada for the first time and have no idea about the Canadian law. The driving under influence law or DUI is very strict in this country. Drunk driving or driving after the influence of drugs convicted people is not given the permission to enter Canada.

However there are some conditions in the law that helps people convicted with driving offences to enter Canada without any hassle. But all these processes depend upon some conditions. It is wiser to consult a lawyer before filling up the application for entering Canada; there are certain things that every convicted person should remember before entering Canada:

It does not require the person who is convicted for offensive driving in his own country to be guilty in Canada as well, if anyone has a complaint against him, he will be inadmissible.

The rules are very strict and the officials have the full authority to detain the person under illegal trespassing.

If the crime that is committed has completed 5 years of its sentence then it gets wiped off from the criminal record. Only if another crime is not committed within that period of time.

The person who has been convicted and has not completed 5 years of sentence is not even eligible for the criminal rehabilitation.

Even a misdemeanor can be the factor for inadmissibility under the immigration law of Canada.

There are a few ways to get entry in Canada even after having convicted under DUI law which will be discussed in the following section.
Ways to get entry in Canada:

There are various ways to enter Canada with a conviction, but very few of them are legal; there are only two legal ways to get entry in Canada.

Criminal rehabilitation: This is the permanent way to get entry in Canada in a legal way. But there are few terms and conditions before applying for a criminal rehabilitation; the person should have completed 5 years’ term of his or her sentence. He should have cleared all the fee payments and should have taken the driving course as per the norms. Then only he or she will have the chance to get a permanent entry into Canada. But this permission will get immediately cancelled if the person gets convicted under the same crime twice; this way-out is applicable only to the one timers.

Temporary residence permit: This is another way-out for a person to enter Canada who has been convicted for multiple times. This temporary solution can only be availed for a limited time. And it also takes some time to get effective after filing the application. The authority will have every right to cancel the application at any moment of the procedure. The permit is given after scrutinizing the reason for entering Canada and most vitally if they find it is safe to allow the person to enter the country.

All this permits are given to the people those who plea for admission in Canada. The application should be perfect and the reason to visit the country should be genuine. The person who is convicted more than one time under DUI is not eligible for the permanent residence permit but they are still eligible under special terms only for a limited time frame. For more information or query you can visit www.canadaduientrylaw.com.