Can You Enter Canada With a DUI?
A DUI can make you inadmissible to Canada. One committed on or after December 18, 2018 is serious criminality under IRPA s.36(1). A Temporary Resident Permit, or Criminal Rehabilitation once 5 years have passed since your sentence ended, can overcome it. IRCC judges an older DUI under the penalties in force then. A border officer decides.
$1,231
IRCC’s Criminal Rehabilitation fee for serious criminality
$246.25
IRCC’s Criminal Rehabilitation fee for non-serious criminality
$246.25
IRCC’s Temporary Resident Permit fee, per person
Over a year
How long IRCC says rehabilitation applications can take
Government fees are set by IRCC and apply regardless of whether you self-prepare or use professional representation. The Fee Calculator estimates them.
How does Canada classify a DUI?
Canada reads a DUI by the Canadian offence it matches, not by the name of the offence in your home country, and the date the offence was committed sets the maximum sentence. Impaired driving (DUI, DWI, OWI and similar offences) matches Criminal Code section 320.14.
On December 18, 2018, Bill C-46 came into force, creating the impaired operation offence under section 320.14. For standard impaired operation or operation with a blood alcohol concentration of 80mg+, the maximum on indictment is 10 years. Impaired operation causing bodily harm carries 14 years, and causing death carries life imprisonment.
The actual sentence you received does not control the analysis. Canada looks at the maximum penalty the equivalent Canadian offence could carry. Impaired operation is a hybrid offence, and for inadmissibility purposes IRPA treats a hybrid offence as an indictable one, so the 10-year maximum is what an officer applies.
| Offence date | Criminal Code equivalent at the time | Current IRPA assessment |
|---|---|---|
| Before Dec 18, 2018 | Former s.253, max 5 years | Assessed under the penalties in force at the time: criminality under IRPA s.36(2), not serious criminality, unless a prison sentence in Canada longer than 6 months. Deemed rehabilitation can apply once at least 10 years have passed since the sentence was completed. |
| On or after Dec 18, 2018 | New s.320.14, max 10 years | Serious criminality under IRPA s.36(1). No deemed rehabilitation. The routes are a TRP or Criminal Rehabilitation. |
The rule
A 10-year maximum triggers serious criminality under IRPA s.36(1).
Will a border officer know about the DUI?
The law does not depend on a database:
- The CBSA's Info Source names the Canadian Police Information Centre (CPIC) and the US National Crime Information Center (NCIC) among the systems where its traveller processing records may be stored.
- An officer can ask about any arrest, charge or conviction, and IRPA s.16(1) requires a truthful answer to every question.
- Every person seeking to enter Canada must appear for an examination (IRPA s.18(1)).
- The eTA form, for travellers who need one, asks about any arrest, charge or conviction in any country.
What happens at the Canadian border with a DUI?
Primary inspection
A CBSA officer asks standard questions and scans your passport or ID. The officer can ask about your record, and IRPA s.16(1) requires a truthful answer.
Admissibility determination
The secondary officer reviews your record, identifies the offence, determines the Canadian Criminal Code equivalent, and assesses the tier: serious or non-serious criminality.
Decision point
If you present a valid TRP or Criminal Rehabilitation approval letter, the officer reviews it and may admit you. Without authorization, the officer may determine you are inadmissible and refuse entry.
TRP at the port of entry
Without a pre-approved TRP, you can request one on the spot. The officer decides, and IRCC says your need to enter must outweigh the health or safety risks to Canadian society.
TRP $246.25
Refusal or withdrawal
An officer may allow you to withdraw your application to enter and leave Canada (IRPR s.42). That is not a removal order. A report under IRPA s.44 is a separate step that can lead to one.
Which routes can overcome a DUI?
- Temporary Resident Permit (TRP)
- A TRP under IRPA s.24(1) lets an officer authorize entry for a specific purpose and period. IRCC has no separate TRP application for people outside Canada. A US citizen or lawful permanent resident in the US asks IRCC by web form for instructions from the visa office in Los Angeles; a traveller who needs a visa asks for TRP consideration inside that application; anyone can also ask an officer at a port of entry. IRCC says a TRP can be issued for a maximum of 3 years and is no longer valid once you leave Canada, unless it specifically states that it is valid for re-entry. There is no minimum waiting period, but the officer retains full discretion and weighs your reason to enter against the risk you may pose.
- Criminal Rehabilitation
- Criminal Rehabilitation under IRPA s.36(3)(c) removes the ground of inadmissibility, and you still need to meet the other requirements to enter. You need 5+ years since completion of all sentence conditions (fines paid, jail or community service served, probation completed, licence reinstated after any suspension), and no conviction for a later offence (IRPR s.17).
- Deemed rehabilitation
- For an offence committed before December 18, 2018 that is criminality rather than serious criminality, IRCC says “you may be eligible for deemed rehabilitation if at least 10 years has passed since you completed your sentence.” The rule sits in IRPR s.18, with no application to file. A second offence that would be indictable in Canada takes a person outside s.18(2)(a), and deemed rehabilitation never covers serious criminality. An officer decides at the border whether the rule applies.
| Feature | TRP | Criminal Rehabilitation | Deemed Rehabilitation |
|---|---|---|---|
| Wait time | None | 5+ years after sentence | 10+ years after sentence |
| Duration | Up to 3 years | Removes the ground | While the conditions are met |
| Cost | $246.25 CAD | $1,231 serious / $246.25 non-serious | No application to file |
| Eligible offences | Any | Convictions and acts outside Canada | Criminality only, one conviction |
| Legal reference | IRPA s.24(1) | IRPA s.36(3)(c) | IRPR s.18 |
What does it cost, and who decides?
- TRP application
- $246.25 CAD per person.
- Criminal Rehabilitation
- $1,231 CAD for serious criminality (most post-2018 DUIs) or $246.25 CAD for non-serious criminality. The fee tier depends on the equivalency classification, and the officer determines the final classification.
- Biometrics
- Often $85 CAD per person where required; not every applicant pays it.
A border services officer or an IRCC officer decides each case. IRCC says rehabilitation applications can take over a year to process.
Which free tool checks your own case?
- Admissibility ExplorerThe IRPA admissibility grounds, one question at a time
- Rehabilitation CalculatorDeemed rehabilitation and eligibility dates (IRPA s.36)
- Fee CalculatorCurrent government fees, itemized
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
Can you enter Canada with a DUI after 10 years?
It depends on the offence date. For a single DUI committed before December 18, 2018, IRCC says you may be deemed rehabilitated once at least 10 years have passed since you completed your sentence, with no application (IRPR s.18(2)(a)). The same holds at 20 or 30 years. A DUI committed on or after that date is serious criminality, which deemed rehabilitation never covers. An officer decides at the border.
Can I enter Canada with a DUI from 5 years ago?
Usually only with a permit or approved rehabilitation, if the DUI was committed on or after December 18, 2018. That offence carries a 10-year maximum under Criminal Code s.320.19, so it is serious criminality under IRPA s.36(1). Once 5 years have passed since your whole sentence ended, you can apply for Criminal Rehabilitation, which IRCC says can take over a year. For travel sooner, a TRP is the route. Our Criminal Rehabilitation page explains the application.
Can you enter Canada with a DUI charge?
A pending DUI charge can still lead to a refusal, even without a conviction. IRPA s.36(1)(c) covers committing an offence outside Canada, and IRPA s.33 lets an officer act on reasonable grounds to believe it happened. Impaired driving carries a 10-year maximum in Canada, so a charge can raise serious criminality. Bring your court documents and answer honestly. Our Pending Charges guide explains what applies before a court decides.
Does a US pardon or expungement fix my Canadian inadmissibility?
Not by itself. IRCC says a person pardoned for an offence outside Canada may still be inadmissible, and the visa office for your region tells you whether the foreign pardon is valid in Canada. An officer decides under Canadian law. Until one of the Canadian routes applies, the DUI can still bar your entry. Our Expunged Record guide explains how Canada reads a sealed or expunged record, and when that changes the answer.
Can I fly into Canada if I have a DUI?
Flying changes nothing in the law. Every person seeking to enter Canada must appear for an examination (IRPA s.18(1)), and the same inadmissibility rules apply by land, air or sea. The eTA form, for travellers who need one, asks about any arrest, charge or conviction in any country. If your DUI makes you inadmissible, the routes are a TRP or approved rehabilitation. Our Temporary Resident Permit page explains how the permit works.
I have two DUIs. Can I still enter Canada?
Two DUIs make entry harder but not impossible. Multiple convictions take you outside deemed rehabilitation, so time alone will not clear them. A TRP is the route for travel sooner, and Criminal Rehabilitation opens once 5 years have passed since every sentence was completed. An officer weighs your whole record. With more than one conviction, advice from a licensed immigration lawyer is worth it. Our Criminal Rehabilitation page covers the application.
What happens at the Canada-US border crossing with a DUI?
An officer may refer you to secondary inspection. The officer can ask about your record, and IRPA s.16(1) requires a truthful answer. In secondary, an officer maps the offence to the Canadian Criminal Code and decides whether you are inadmissible. With a valid TRP or rehabilitation approval you may be admitted. Without one, you may be refused or allowed to withdraw and return to the US. Lying about the DUI is misrepresentation under IRPA s.40.
Is a wet reckless plea treated the same as a DUI at the border?
Not necessarily. Canada looks at the Canadian equivalent of the offence you were convicted of, not the original charge. A reduced plea such as wet reckless or reckless driving may match a different Canadian offence with a different maximum penalty. That can change whether it is serious criminality, criminality or no ground at all. A border officer decides how your record is classified. Our Criminal Equivalency page shows how offences are matched.
Part of:Criminal record
- US Criminal Record & Canada: Complete Master Guide
- Criminal Inadmissibility Canada: Complete Guide to IRPA Section 36
- US Misdemeanor Entry to Canada
The textbook on this subject
Volume 1: Entering Canada $79
Six IRPA inadmissibility grounds (s.36 and s.38 to s.42), explained with the official text cited.
Follow on Facebook to hear when the library opens (opens in a new tab)Official sources
This page is based on law and policy published by the Government of Canada.