Yes, it is possible to enter Canada with a DUI conviction — but not automatically. Since December 18, 2018, a DUI (driving under the influence / impaired driving) conviction from the United States or most other countries is 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. This reclassification closed the deemed rehabilitation pathway for most DUI holders and made entry to Canada significantly more complex. Your options are a Temporary Resident Permit (TRP), Criminal Rehabilitation (5-year wait from sentence completion), or — for convictions before the 2018 change in limited circumstances — deemed rehabilitation. This guide covers everything you need to know before you approach the border.
Why DUI = Serious Criminality Post-2018
Canadian admissibility for criminal inadmissibility is determined by the Canadian equivalentof 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 makes you inadmissible.
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 fee was $200 CAD
- ✓ 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, closing the deemed rehabilitation door and requiring either a TRP or full Criminal Rehabilitation.
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.
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 have shared criminal records since the 1980s through the Canada–US Criminal Records Sharing agreement. 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 at airports provide even deeper record access
- ! Records from Canada's "Five Eyes" intelligence partners (US, UK, Australia, New Zealand) are accessible
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 knowing you are inadmissible without 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 determines you are inadmissible and you are refused 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 can be applied for at a Canadian visa office abroad (recommended for planned travel) or requested directly at a port of entry. The TRP is valid for up to 3 years and for the stated purpose. Government fee: $200 CAD per permit. There is no minimum waiting period — you can apply immediately after your conviction if your need to enter is compelling.
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 can enter Canada freely (subject to all other admissibility requirements) for the rest of your life — no renewal, no TRP required. To be eligible:
- ✓ 5+ years since completion of ALL sentence conditions (fines paid, probation completed, licence reinstated after suspension)
- ✓ No new convictions or charges
- ✓ Government fee: depends on your inadmissibility classification (serious vs non-serious criminality)
- ✓ Processing time: 12–18+ months
Option 3: Deemed Rehabilitation (Pre-2018 Only — Complicated)
For DUI convictions before December 18, 2018, deemed rehabilitation under IRPA s.36(3)(b) 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 check 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. $200 CAD fee. Discretionary — not guaranteed.
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: Fixed IRCC fee (see IRCC website for current amount)
- • Criminal Rehabilitation: Fee varies based on your inadmissibility classification (serious vs non-serious criminality). Your Admissibility Report identifies your exact fee tier.
- • Biometrics: May apply — see IRCC website
For professional assistance with complex cases, consult a licensed immigration lawyer.
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View ReportsFrequently 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 NCIC records at airports. In fact, at major international airports, pre-screening through systems like FAST or API/PNR may flag your record 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 or death maps to serious criminality under IRPA s.36(1) — but not permanent inadmissibility. You are still eligible for Criminal Rehabilitation after 5 years from sentence completion. The review will be more rigorous. This is a case where legal representation is strongly recommended.
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 | IRCC fee (see website) | Varies by classification | Free |
| Eligible offences | Any | Any | Non-serious only |
| IRPA reference | s.24(1) | s.36(3)(c) | s.36(3)(b) |
Your Next Step
Don't guess at your admissibility. Use our free screening tool to understand how your DUI record maps to Canadian law — anonymously, in minutes.
Screen your admissibility — free and anonymousImportant: This tool provides general information based on publicly available Canadian immigration law (IRPA). Results are not a determination of admissibility. Only a CBSA officer at a port of entry can make admissibility decisions. For complex legal situations, professional guidance may also be beneficial.