Short answer: yes, it is usually possible to enter Canada with a DUI conviction, but not automatically and not without planning. A single DUI does not permanently ban you, yet in most cases it does make you inadmissible until you obtain the right authorization first. Since December 18, 2018, a DUI (driving under the influence, impaired driving, DWI, OWI and similar offences) from the United States or most other countries is generally treated as serious criminality under section 36(1) of the Immigration and Refugee Protection Act (IRPA), because the equivalent Canadian offence under Criminal Code section 320.14 now carries a maximum of 10 years imprisonment on indictment. This reclassification closed the automatic deemed rehabilitation pathway for most DUI cases and made entry to Canada noticeably more complex. Your three main options are a Temporary Resident Permit (TRP) for travel you need to take now, Criminal Rehabilitation as a permanent fix once at least 5 years have passed since you finished your sentence, or, for older convictions in narrow circumstances, deemed rehabilitation. A border services officer always makes the final decision, so this guide explains what the law says and what it means for you before you approach the border. It is educational only and is not legal advice; for your own situation, consult a licensed Canadian immigration lawyer or a CICC-regulated consultant.
Why DUI = Serious Criminality Post-2018
Canadian admissibility for criminal inadmissibility is determined by the Canadian equivalent of your foreign offence, not the name of the offence in your home country. CBSA officers map your conviction to the closest matching Canadian Criminal Code offence and assess whether that equivalent may result in inadmissibility.
Prior to December 18, 2018, a US DUI conviction mapped to the old Canadian impaired driving offence under the former Criminal Code s.253, which carried a maximum of 5 years imprisonment. A 5-year maximum placed DUI in the "criminality" tier (IRPA s.36(2)), not "serious criminality" (IRPA s.36(1)). This distinction was critical because:
- ✓ Non-serious criminality (5-year max) qualified for deemed rehabilitation after 10 years
- ✓ Criminal Rehabilitation, where needed, fell under the lower non-serious fee tier rather than the higher serious-criminality fee
- ✓ A single DUI from many years ago might not bar entry at all
On December 18, 2018, Bill C-46 came into force, creating the new impaired operation offence under Criminal Code section 320.14. The new maximum penalty is:
- ! 10 years imprisonment for standard impaired operation or operation with a blood alcohol concentration of 80mg+ (first two offences treated as summary or indictable at Crown election)
- ! Life imprisonment where impaired operation causes death
- ! 14 years imprisonment where impaired operation causes bodily harm
A 10-year maximum triggers serious criminality under IRPA s.36(1). This means most DUI convictions, including US DUI, DWI, OWI, and similar state offences, now map to serious criminality in Canada, generally closing the automatic deemed rehabilitation door and requiring either a TRP or full Criminal Rehabilitation. What this means for you in plain terms: the actual sentence you received does not control the analysis. Even if you only paid a fine and served no jail time, Canada looks at the maximum penalty the equivalent Canadian offence could carry, which is now 10 years. That is also why deemed rehabilitation no longer helps most people: deemed rehabilitation is only available where the Canadian-equivalent offence has a maximum of less than 10 years, and post-2018 impaired operation sits right at the 10-year line. Note that the same conduct can be prosecuted by indictment or by summary conviction in Canada (a hybrid offence); for inadmissibility purposes IRPA treats a hybrid offence as an indictable one, so the 10-year maximum is what an officer applies.
Pre-2018 vs Post-2018: The Critical Distinction
Whether your conviction was before or after December 18, 2018 matters, but not in the straightforward way many people assume. The legal debate centres on whether the 2018 change applies retroactively to pre-2018 convictions.
| Conviction Date | Criminal Code Equivalent at Time | Current IRPA Assessment |
|---|---|---|
| Before Dec 18, 2018 | Former s.253, max 5 years | Complex, courts have debated whether the new 10-year max applies to older convictions for immigration purposes. Outcome varies by officer and case; legal advice recommended. |
| On or after Dec 18, 2018 | New s.320.14, max 10 years | Serious criminality under IRPA s.36(1). No deemed rehabilitation. Must apply for TRP or Criminal Rehabilitation. |
The pre-2018 retroactivity question is genuinely unsettled. Do not rely on a pre-2018 conviction automatically falling under the old 5-year maximum, some officers apply the new maximum regardless. Use the Equivalency Engine and consult an immigration lawyer if your conviction is from before the 2018 change. Equivalency Engine
How CPIC/NCIC Sharing Works: Canada WILL Know
Many people assume their US DUI won't show up when entering Canada. This assumption is wrong and dangerous. Canada and the United States share criminal-record and border information through long-standing law-enforcement arrangements, and CBSA officers can access US criminal history when you seek entry. Specifically:
- ! The Canadian Police Information Centre (CPIC) and the US National Crime Information Center (NCIC) are linked at border crossings
- ! CBSA officers at land borders, airports, and marine ports of entry can query NCIC records in real time
- ! US DUI convictions, including state-level misdemeanor DUIs, appear in these queries
- ! Fingerprint-based checks can provide even deeper record access
- ! Canada also shares information with close allies, so a conviction from another such country may be visible too
Do not try to conceal your DUI. Misrepresentation under IRPA s.40(1)(a) creates a separate, 5-year inadmissibility that cannot be overcome by rehabilitation. Attempting to enter Canada when you may be inadmissible without proper authorization is an IRPA s.124 offence. Honesty, and preparation, are your best tools.
What Happens at the Canadian Border with a DUI
Here is what typically happens when a person with a DUI approaches the Canadian border:
- 1
Primary inspection
CBSA officer asks standard questions, scans your passport/ID, queries CPIC/NCIC. Your DUI record appears in the system.
- 2
Referral to secondary
You are directed to a secondary inspection area. Your vehicle is parked and you proceed inside for further examination.
- 3
Admissibility determination
Secondary officer reviews your record, identifies the offence, determines the Canadian Criminal Code equivalent, and assesses inadmissibility tier (serious vs non-serious criminality).
- 4
Decision point
Option A: You present a valid TRP or Criminal Rehabilitation approval letter, officer reviews and may admit you. Option B: No authorization, officer may determine you are inadmissible and refuse entry.
- 5
TRP at port of entry
If you don't have a pre-approved TRP, you can request one on the spot. The officer has full discretion. Success depends on how compelling your reason to enter is and how much time has passed since the conviction.
- 6
Refusal / withdrawal
If you are refused entry, you are turned around. A refusal is not a formal removal order and does not permanently bar future entry, but it goes on record.
Your Options for Entering Canada with a DUI
Option 1: Temporary Resident Permit (TRP)
A TRP under IRPA s.24(1) is the fastest route for someone who needs to enter Canada now. It lets an officer authorize entry for a specific purpose and period even though you would otherwise be inadmissible. It can be applied for at a Canadian visa office abroad (recommended for planned travel, because you get a decision before you book) or requested directly at a port of entry (faster, but the officer decides on the spot with no appeal). A TRP can be issued for a single entry or multiple entries and is valid for up to 3 years, tied to the reason you gave. As of December 1, 2025 the IRCC processing fee is $246.25 CAD per permit; confirm the current amount on the IRCC fee page before you apply, as fees change. There is no minimum waiting period, so you can apply soon after your conviction if your need to enter is genuinely compelling, but the officer retains full discretion and weighs your reason to enter against the risk you may pose.
TRP strength factors for DUI:
- ✓ Time elapsed since conviction and sentence completion (more = better)
- ✓ Single vs. multiple DUI convictions
- ✓ Evidence of no alcohol/drug issues since (AA membership, counselling)
- ✓ Compelling reason to enter (business, family emergency, event)
- ✓ No other criminal convictions
Option 2: Criminal Rehabilitation (Permanent Solution)
Criminal Rehabilitation under IRPA s.36(3)(c) is the permanent solution. Once approved, you are generally no longer inadmissible on the basis of that conviction, and you can travel to Canada without a TRP for the rest of your life, subject to all other admissibility requirements and to not committing new offences. There is no renewal. The key timing rule is the 5-year clock: it starts on the day you finish everything the court imposed, not the day you were convicted or sentenced. To be eligible:
- ✓ 5+ years since completion of ALL sentence conditions (fines paid, jail or community service served, probation completed, licence reinstated after any suspension)
- ✓ No new convictions or pending charges
- ✓ Government fee as of December 1, 2025: $1,231 CAD for serious criminality (most post-2018 DUIs) or $246.25 CAD for non-serious criminality; confirm the current amount on the IRCC fee page
- ✓ Processing time is commonly 12 to 18 months or more, so apply well before any planned travel
Option 3: Deemed Rehabilitation (Pre-2018 Only: Complicated)
For DUI convictions before December 18, 2018, deemed rehabilitation under IRPA s.36(3)(c) may apply if 10+ years have passed since sentence completion and only one offence was committed. However, the retroactivity question (does the new 10-year max under s.320.14 apply to older convictions?) remains legally contested. Do not assume deemed rehabilitation applies, verify with a lawyer or use the admissibility explorer tool.
Timeline Flowchart: DUI + Canada Entry
DUI conviction date
Start here. The date matters for the pre/post-2018 analysis.
All sentence conditions completed
Fine paid + probation ended + licence reinstated. This is Day 0 for all waiting periods.
Immediately after conviction
TRP available if you have a compelling reason to enter. $246.25 CAD fee as of December 2025. Discretionary, not guaranteed; the officer decides.
5 years from Day 0
Criminal Rehabilitation eligibility opens. Apply now for the permanent solution. Fee depends on your inadmissibility classification. 12–18 month processing.
10 years from Day 0 (pre-2018 conviction, single offence, non-serious criminality)
Deemed rehabilitation MAY apply, but the 2018 retroactivity issue makes this uncertain. Get legal advice.
Criminal Rehabilitation approved
Permanent resolution. Enter Canada freely. Keep your approval letter on hand for future border crossings.
IRCC Government Fees
Government fees are set by IRCC and apply regardless of whether you self-prepare or use professional representation. For DUI convictions:
- • TRP application: $246.25 CAD per permit as of December 1, 2025. Confirm the current figure on the IRCC fee page before applying.
- • Criminal Rehabilitation: $1,231 CAD for serious criminality (most post-2018 DUIs) or $246.25 CAD for non-serious criminality, as of December 1, 2025. Your Admissibility Breakdown identifies your likely fee tier, but the officer determines the final classification.
- • Biometrics: Often $85 CAD per person where required; check the IRCC website, as not every applicant pays it and amounts can change.
For professional assistance with complex cases, consult a licensed immigration lawyer.
Want a detailed breakdown?
Our detailed breakdowns explore your circumstances against IRPA sections and provide a detailed complexity overview.
View Deep DivesFrequently Asked Questions
Can I enter Canada with a single DUI conviction from 5 years ago?+
If your conviction was after December 18, 2018, you are likely inadmissible as serious criminality under IRPA s.36(1). If 5 years have passed since your sentence was fully completed (not just the conviction date), you are eligible to apply for Criminal Rehabilitation, which takes 12–18 months to process. For immediate travel, apply for a TRP.
My DUI was from 2015, does deemed rehabilitation apply?+
Possibly, but it's complicated. A pre-2018 DUI conviction mapped to the former Criminal Code s.253 (5-year max, non-serious criminality). Deemed rehabilitation requires 10 years from sentence completion. However, some CBSA officers now apply the post-2018 10-year maximum retroactively, making the outcome unpredictable. Consult an immigration lawyer before assuming deemed rehabilitation applies.
Does getting a US pardon or expungement fix my Canadian inadmissibility?+
No. A US pardon or expungement does not automatically make you admissible to Canada. IRCC assesses inadmissibility under Canadian law independently. A pardon is a positive factor in a TRP or Criminal Rehabilitation application, but it does not by itself override IRPA inadmissibility.
Can I fly into Canada if I have a DUI, does Canada check air travellers?+
Yes. Canada checks all travellers regardless of mode of entry, land, air, or sea. CBSA has access to criminal-record databases at airports. In fact, for air travel, advance passenger data submitted through the API/PNR system means your information reaches Canadian authorities before you even board the aircraft. Do not assume air travel is less scrutinized than driving across the border.
I have two DUIs. Can I still enter Canada?+
Two DUI convictions make your situation more complex but not hopeless. Multiple convictions disqualify you from deemed rehabilitation and may result in a more difficult Criminal Rehabilitation assessment. A TRP is your best immediate option. Applying for Criminal Rehabilitation once 5 years have passed since all sentences is the long-term solution. Multiple DUIs are a strong case for consulting an immigration lawyer.
My DUI caused an accident with injuries, am I permanently banned from Canada?+
A DUI causing bodily harm maps to a Canadian offence under Criminal Code s.320.2 (maximum 14 years), and one causing death maps to s.320.21 (maximum life imprisonment). Both fall under serious criminality in IRPA s.36(1), but neither is a permanent ban. You generally remain eligible for Criminal Rehabilitation once 5 years have passed since you completed your sentence. The review tends to be more rigorous, so this is a case where consulting a licensed immigration lawyer is strongly recommended. The officer makes the final decision.
How long is a DUI conviction visible to Canadian border officers?+
Treat it as indefinite. A US DUI generally stays in the records CBSA can query through CPIC and NCIC until it is sealed, expunged or set aside by a US court, and even then Canada assesses inadmissibility under its own law rather than your home jurisdiction. There is no automatic point where a DUI simply disappears from a Canadian admissibility standpoint. Time passing helps you qualify for deemed or criminal rehabilitation, but it does not erase the conviction from view.
Is a wet reckless or reckless driving plea treated the same as a DUI at the Canadian border?+
Not necessarily. Canada looks at the Canadian equivalent of the offence you were actually convicted of, not the original charge. A reduced plea such as wet reckless or reckless driving may map to a different Canadian offence with a different maximum penalty, which can change whether it is serious criminality, non-serious criminality, or not a basis for inadmissibility at all. Because the wording of the conviction matters, an equivalency analysis and, for your own situation, advice from a licensed professional are worthwhile. A border officer still decides how your specific record is classified.
Can I just turn around at the border if the officer says I am inadmissible?+
Usually yes. If an officer finds you inadmissible and you have not yet entered, you can normally choose to withdraw your application to enter and return to the United States rather than force a formal refusal. A withdrawal or refusal at the port of entry is recorded but is not a removal order and does not by itself create a permanent bar to future entry. What you must not do is misrepresent or conceal the DUI, because misrepresentation under IRPA s.40 creates a separate inadmissibility that lasts 5 years and is much harder to overcome.
Does a TRP or Criminal Rehabilitation approval guarantee I will be let in?+
No. A valid TRP or an approved Criminal Rehabilitation removes the specific inadmissibility tied to your DUI, but every traveller is still assessed at the border each time. An officer can still examine you, ask questions, and refuse entry for other reasons such as a new charge, a different inadmissibility, or concerns about your stated purpose. These authorizations make admission far more likely, but the border services officer always retains discretion and makes the final decision.
How Do TRP, Criminal Rehabilitation, and Deemed Rehabilitation Compare?
| Feature | TRP | Criminal Rehabilitation | Deemed Rehabilitation |
|---|---|---|---|
| Wait time | Immediate | 5+ years after sentence | 10+ years after sentence |
| Duration | Up to 3 years | Permanent | Automatic |
| Cost | $246.25 CAD (Dec 2025) | $1,231 serious / $246.25 non-serious | Free |
| Eligible offences | Any | Any | Non-serious only |
| IRPA reference | s.24(1) | s.36(3)(c) | s.36(3)(c) |
Your Next Step
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This page is based on law and policy published by the Government of Canada.