available 24/7 Free Consultation
Home › Blog › Can You Travel to Canada With a DUI?
An Arizona DUI does not automatically prevent you from traveling to Canada. However, an impaired-driving conviction may make you criminally inadmissible, even if the offense was classified as a misdemeanor in the United States.
Canadian officials compare the conduct and conviction with Canadian law rather than relying only on the American misdemeanor or felony label. The date of the offense, the sentence imposed, when you completed every part of that sentence, your prior record, and your reason for traveling may all affect the analysis.
Canada increased the maximum penalties for impaired-driving offenses on December 18, 2018. As a result, an offense committed on or after that date may be evaluated as serious criminality under Canadian immigration law.
If the offense occurred before December 18, 2018, Canadian officials generally assess it under the penalties that were in effect at the time. Some travelers with older convictions may qualify for deemed rehabilitation, but eligibility depends on the complete record and is not automatic.
The date of the offense—not merely the conviction date—is therefore an important detail to confirm before applying for permission or attempting to enter Canada.
Depending on the circumstances, a traveler who is inadmissible may have several potential options.
A Temporary Resident Permit, commonly called a TRP, may allow an otherwise inadmissible person to enter Canada temporarily for a specific reason.
Applicants generally must explain why the need to enter Canada outweighs any potential risk. Approval is discretionary and is not guaranteed. Even with a valid TRP, Canadian border officials review the traveler’s information and make the final admission decision at the port of entry.
Travelers should apply well before a planned trip whenever possible rather than assuming a permit will be issued at the border.
A person convicted outside Canada may be eligible to apply for individual rehabilitation after sufficient time has passed.
Canadian guidance generally requires at least five years to have passed since the completion of the entire criminal sentence, including probation. Eligibility and approval depend on the person’s complete history and evidence that the individual is unlikely to commit another offense.
Criminal-rehabilitation applications can take a year or longer to process, so travelers should begin the process well before booking nonrefundable travel.
Deemed rehabilitation means that enough time has passed for a person to potentially be treated as rehabilitated without receiving advance approval through an individual-rehabilitation application.
This option is limited. For certain impaired-driving offenses committed before December 18, 2018, a traveler may qualify after at least 10 years have passed since completion of the sentence. Multiple convictions, the Canadian equivalent of the offense, and other facts can prevent eligibility.
Travelers should not assume they are deemed rehabilitated solely because the conviction is old.
Not automatically. An Arizona set-aside does not erase the historical conviction. It changes the status of the Arizona case, but Canadian immigration officials decide whether a foreign set-aside, discharge, pardon, or similar form of relief affects admissibility under Canadian law.
A set-aside order may still be a helpful record to provide when Canadian immigration counsel evaluates the case. However, travelers should not describe the conviction as nonexistent or assume that the set-aside guarantees admission.
If you have obtained an Arizona set-aside or record-sealing order, keep a certified copy along with the original disposition and proof that you completed the sentence.
A pending DUI charge can create separate concerns. Your release conditions, bond terms, probation requirements, an active warrant, or a court order may restrict travel before the Arizona case is resolved.
Before leaving the country, review your court documents and speak with your Arizona defense lawyer. You may also need advice from a Canadian immigration lawyer about how the pending charge could affect entry or a visa application.
Never miss an Arizona court appearance or violate a release condition in order to travel.
Depending on your circumstances, you may need:
Do not book nonrefundable travel until you have confirmed any required permissions and application decisions.
Canadian immigration and border officials—not an Arizona court or defense attorney—make the final decision about admissibility and entry. A visa, TRP, rehabilitation decision, or supporting legal opinion may help establish eligibility, but admission is never guaranteed.
For current requirements, review the Government of Canada’s guidance on impaired-driving convictions and overcoming criminal inadmissibility.
You can also read our broader guide to international travel after a DUI.
An Arizona DUI lawyer can defend a pending charge, explain the status of your case, identify Arizona court conditions that may restrict travel, help obtain certified case records, and determine whether Arizona post-conviction relief may be available.
Questions about Canadian admissibility, a Temporary Resident Permit, or criminal rehabilitation should be reviewed by a lawyer qualified to advise on Canadian immigration law.
If you are facing an Arizona DUI or need help understanding your Arizona record, contact Rosenstein Law Group at (480) 248-7666 for a free consultation.