Can You Travel With a DUI from Canada?

When you are convicted of a DUI, or Driving Under The Influence, your first thought is probably not about international travel restrictions.

If you enjoy travelling, however, and especially venturing outside of Canada’s borders, you may be surprised by how a DUI conviction on your criminal record can dramatically limit how you move around the world. DUI travel restrictions are everywhere. There are even countries that will not let you enter with a conviction on your record.

These are one of the many impacts a DUI and a criminal record can have, and it’s why so many individuals who have been convicted seek out the assistance of a DUI lawyer. At Costa Law Firm, we will pursue all available options to restore your rights and freedoms in the aftermath of DUI charges.

If you have one or multiple DUI convictions to your name, here is what you need to know about travelling abroad.

The Impact of a DUI Conviction on Travel

The majority of countries do not consider impaired driving to be a criminal offence or a felony.

If you have a single DUI conviction to your name and it was not severe enough to warrant jail time, most countries will let you enter with no trouble.

As you will discover, it is up to the border protection agency of a specific country and the official you received to determine if you will be permitted entry or not. There are only a select few countries with strict policies in place.

Canada is one of several countries, however, that considers a DUI an inadmissible offence. If you were convicted of a DUI in another country and then attempt to enter Canada, it is within the rights of border agents to refuse entry.

How a DUI Is Classified: Serious Criminal Offence or Misdemeanor

Whether you can travel to a country with a DUI on your criminal record or not depends on how the offence is classified within said country.

In many countries, a DUI is considered a misdemeanor while elsewhere it’s a serious criminal offence.

There are several factors that influence whether you will be approved or denied entry to a country, such as whether you completed any jail time relating to your offence, if there were aggravating factors, and the amount of time that has passed since the offence was processed.

If you aren’t sure about whether a DUI will affect your international travel plans, contact an impaired driving DUI lawyer at Costa Law Firm to explore all possible options.

How to Enter a Foreign Country With a DUI on Your Record

A DUI does not show up on your passport. The only information a passport contains relates to your identity and nationality. It does not contain any information about your criminal record or past DUI convictions.

When you show up to cross a border into another country, however, border agents will look up your information in their database and this is when a criminal record will become visible.

Always be honest with border agents. If they or any foreign official asks if you have a criminal history, tell the truth. If you do not and/or are perceived to have lied, border authorities may decide to arrest, detain, or ban you for life from their country. Therefore, the only thing you can do when questioned is be forthright and explain the situation.

If you do not have prior advanced permission to enter a country with a record, the decision sits with the border official you encounter.

Countries with DUI Travel Restrictions

European Union

The European Union will typically not prohibit anyone from entering with a prior DUI unless there were aggravating factors.

The UK

Much like the European Union, a simple first-time DUI charge will likely not prohibit you from entering the country.

Cuba

Many Canadians travel to Cuba and in the majority of cases, they report how rare it is that Cuban authorities ask about a criminal record upon entry. That said, it is within their border protection agents’ scope to ask.

Dominican Republic

Most Canadians report being able to enter the Dominican Republic with minor criminal records. You could potentially still be asked, however.

China

To apply for a visa to enter China, you will most likely be asked about past criminal convictions. That said, disclosure of a DUI does not mean you will be denied entry. Many Canadians have still been permitted to enter.

The Embassy website encourages visitors to attach a personal letter explaining past criminal activity and stating firmly that you will not commit any criminal activity while in China and that you intend to honor the country’s laws.

India

Entering India does not presently require you to disclose that you have a criminal record. If border officials investigate your background.

Countries with DUI Travel Bans

Australia

If you had a DUI offence with a sentence longer than 12 months, you may be denied entry into Australia. Even if you did not serve the entire sentence and/or if it was a suspended sentence, you may be denied entry.

To overcome this limitation, a Canadian traveller is encouraged to apply for a visa and not an ETA.

New Zealand

If you have criminal convictions in the last five years, you require a good character waiver to enter New Zealand.

If your DUI sentence did not occur in the prior five years and the jail term was less than 12 months, you will most likely be allowed to enter New Zealand without any trouble. As a traveller, you may be required to apply for a visa instead of an ETA so that officials have your criminal record documented.

Mexico

If you have a criminal record with a DUI from the past 10 years, you are not legally permitted to enter Mexico. That said, Mexican border agents do not have access to Canadian criminal record databases. This means many Canadians with DUIs have entered Mexico but if you attempt it, you’re taking a chance. Their border protection agent can still discover a criminal record through Internet searches or searching court record databases.

If you are considering travelling to Mexico as a Canadian with a DUI, it’s best to reach out to your nearest Mexican Consulate.

Iran

Iran maintains strict laws on alcohol-related offences which means a DUI does not meet entry requirements and travellers will likely be denied permission to enter.

Japan

A person with a felony-level DUI conviction within the last ten years is not permitted to enter Japan under any circumstances.

Travelling to the United States with a DUI

The United States has strong DUI travel restrictions not dissimilar from Canada.

US Customs and Border Protection agents are notoriously difficult, whether there is a criminal record involved or not. Typically, they will allow a Canadian to enter with a single DUI conviction so long as it’s a standard charge. Alternatively, if it is combined with other charges or if there are multiple charges attached to your record, border authorities may deny you entry.

There are many crimes that, if they appear on your criminal record, border patrol in the US will not let you pass. The following crimes of moral turpitude are just a sample of what will bar you from entry into the United States.

• Controlled substance violations, such as trafficking or possession.
• Convictions of two or more crimes in which the prison sentences collectively totaled 5 years or more.
• Prostitution.
• Money laundering.
• Human trafficking offences.
• If you have been previously deported without a proper visa.

Any perceived serious crime under US law falls under this rule as well, such as assault causing bodily harm, assault with a weapon, aggravated assault, sexual assault, theft, burglary, endangerment and actual injury, and others.

Like Canada, the United States does allow travellers with a criminal record to apply for a temporary US entry waiver.

If approved, an entry waiver can be granted to last a maximum of five years and will allow you to enter the US with no issue even with a criminal record.

The Role of Criminal History in International Travel

Travelling with a criminal record is always going to be a challenge whether you are trying to enter Canada with a DUI or want to gain entry as a visitor to another country.

It’s a complex web you have to navigate, from entry restrictions to waivers and country-specific rules.

It is not impossible, however, to travel with DUI charges attached to your name so long as you research what you need to do in order to make it happen. Criminal intelligence information is typically shared among countries though every country is different and not all have access to the same database or follow the same procedures. How Canadian border agents may process someone with criminal offenses coming through their orders will be different from how border agents in China, India, the UK, or Mexico do.

As a visitor, it is much easier to travel with a criminal history than if one is applying to work. If you’re applying for a work visa, understandably, you can expect to receive more scrutiny on your application. A person may be outright denied a work visa or, more likely, will have additional steps to take, paperwork to file, and permissions to obtain prior to being able to temporarily settle in a foreign country.

A major area where countries have entry bans is on people who have served time in prison. If your criminal past has led to jail time, travelling with a criminal record may prove near impossible.

Obtaining Permission to Enter Canada with a DUI

Canada has some of the toughest rules and strongest DUI travel restrictions of any country.

The Canadian government considers DUI charges to be serious criminality. If you are a non-Canadian citizen attempting to enter Canada with a record of one or multiple convictions, you will find it difficult to obtain permission.

A person with a DUI conviction in the prior 10 years will not be allowed to enter Canada. This occurs frequently with residents of the United States who attempt to enter not realizing their DUI will prevent them. Even if a DUI is considered a misdemeanor and purely resulted in a fine, under the Canadian Criminal Code, it is judged according to the toughest standard.

To visit Canada with a DUI or criminal record requires a valid waiver. There are two types of waivers – a temporary resident permit and criminal rehabilitation.

• A temporary resident permit allows you to enter Canada with a DUI offence on your record but only for a specific purpose. If it’s been less than 5 years since you completed the sentence related to an impaired driving charge, this permit is your only waiver option.
• A criminal rehabilitation waiver is a permanent solution. It requires you having kept and continuing to keep a clean record. You obtain a criminal rehabilitation permit and you do not need to reapply. This requires your DUI and its subsequent sentence, however, to be older than five years.

Please note that if your drunk driving sentence is older than 10 years, you are automatically assumed to be rehabilitated. No waiver or application is needed. If asked, however, you may be required to provide documentation.

Legal and Administrative Steps to Mitigate Travel Restrictions

There are several ways you can handle a DUI conviction and a criminal past as they relate to crossing a land border and entry requirements.

Record Suspension

A record suspension is a pardon. It can support an application to enter a country as it demonstrates rehabilitation and assures officials that, yes, you have a criminal history but you are no longer actively engaged in crime.

It is important to note that if you have been pardoned for a DUI, you may be under the impression that it’s wiped away from your criminal record. Unfortunately, if/when a background check is performed as you cross into another country, even if your DUI has been pardoned, it will still show up.

This doesn’t mean it’s not worth it to pursue a record suspension as it sets the precedent that your home government has evaluated your case and has essentially forgiven you for the crime based on the work you’ve put towards rehabilitation.

Waiver

As outlined above, the United States and Canada both have processes one can take to acquire a waiver. They are not the only countries to offer waivers and means of obtaining permission to travel with criminal convictions.

If you have a criminal DUI offence or other criminal offences on your record, contact a country’s Consulate for more information on what documentation you can file and acquire to improve your chances of being allowed to enter.

How a DUI Conviction Affects Travel to Countries with Moral Turpitude Laws

Moral turpitude refers to any act or behavior that is deemed culturally to be immoral, unethical, or unjust and which is considered to shock the public conscience.

Some countries have moral turpitude laws under which Driving Under The Influence, or DUIs, may fall.

In most countries, including Canada, one or multiple DUIs are not considered to be a crime of moral turpitude. Drunk driving in a motor vehicle is in and of itself considered a minor crime by comparison with others.

However, when dangerous driving or drinking alcohol is tied with more serious crime, such as if there has been manslaughter or aggravated assault, these crimes cross over into moral turpitude laws.

Evidently, DUI charges may or may not impact travel to countries with moral turpitude laws. The best strategy to take is to contact a Consulate to get information on how to enter the specific country you’re looking to travel to with a DUI record in tow.

From a legal standpoint, feel encouraged to reach out to Costa Law Firm to connect with an experienced lawyer for a free consultation on matters relating to country entry requirements, how to navigate travel with DUI charges, what court documents you may want ready to present when travelling, and how to handle border officers when discussing DUIs.

The Importance of Disclosing a DUI Conviction When Travelling

It is always better to be truthful as early as possible when applying for a visa to enter.

A criminal record check is often likely and disclosing a prior DUI arrest or impaired driving conviction does not necessarily mean you will be denied entry.

If you have concerns about travelling internationally or want to enter Canada with a DUI to your record, seek a free consultation with one of our impaired driving DUI lawyers at Costa Law Firm. We have experience handling DUIs as they relate to the Canada Border Services Agency, National Canadian Police Database, DUI laws internationally, immigration status, and other convictions.

With a DUI lawyer working with you, we will explore all potential avenues to removing or hiding your criminal history from public view. This would allow you to enter countries that would previously bar entry based on past DUI charges.

Reach out to one of our DUI legal experts today to find out more about foreign travel as a Canadian citizen.

CAUTIONARY WARNING:  these writings are intended by Costa Law Firm Professional Corporation to serve strictly for promotional purposes and are not to be considered to be legal advice to the reader’s particular situation – ALWAYS actively consult directly and exchange particular information with a licensed lawyer or paralegal as appropriate in the circumstances.

David Costa

Dir.(416)788-6329