Canada is known for its stringent immigration requirements, and individuals who want to go to Canada with a DUI conviction (alternatively DWI, OUI, OWI, or DWAI) often have to find their way around a complex system of rules and regulations before being granted legal entry.
At Dogen Law, we often receive inquiries about whether a DUI conviction is still relevant for immigration purposes if it was received a long time ago — say 5, 10, or 20 years ago. The simple answer is yes; all convictions on your criminal record will be taken into account when you attempt to enter Canada, and if you have not prepared properly beforehand, you have a high risk of being denied entry at the Canadian border and turned back, or worse, formally deported.
Read on to find out more about how a past drunk driving conviction could make you criminally inadmissible to Canada, and what different options are available to you based on how long ago it took place.
Entry into Canada with a DUI
The first thing to make clear is that any past DUI/DWI on your record from any point in time makes you automatically criminally inadmissible to Canada. This is the same regardless of whether your DUI arrest came before or after Canada changed its impaired driving laws in late 2018 to make the potential punishments much greater.
This is because even before driving under the influence was made a more serious crime, it was regarded as a hybrid offense in Canada — a crime that could be charged either as a summary offense or an indictable one — which is similar to misdemeanor and felony classifications in America.
Canadian immigration law treats any foreign offense equivalent to a hybrid offense as an indictable (serious) offense. That means anyone with such a conviction — even from many years ago — is automatically criminally inadmissible to Canada.
This inadmissibility can only be overcome by the simple passage of time if your DUI was from before December 2018, and requires 10 years to have passed since your DUI sentence was completed. This is known as Deemed Rehabilitation.
If you are not eligible for Deemed Rehabilitation, the two other ways set out by the Canadian government for overcoming inadmissibility due to a DUI are Temporary Resident Permits and Criminal Rehabilitation.
Entering Canada With a DUI From Less Than 5 Years Ago
If your DUI or DWI conviction was less than five years ago, you are not eligible for Deemed Rehabilitation or Criminal Rehabilitation. Your only option for dealing with your criminal inadmissibility issues is to apply for a Temporary Resident Permit.
This requires a valid and compelling reason to enter Canada, such as a family emergency or work event with a clearly defined start and end date.
If you are granted a TRP, leaving Canada before it expires is crucial, as non-compliance is considered a serious offense. The processing time for normal TRP applications can range from a few months to a year. Generally, they are processed within eight months. For more information regarding TRP processing times, we recommend reading this article.
In case of an emergency requiring immediate entry into Canada, you may also apply for an expedited TRP at a Canadian port of entry such as an airport or land border crossing. However, it’s important to note that if your request is rejected, you will not be able to enter Canada, potentially leaving you stranded at the border.
I had a DUI 5 years ago can I go to Canada?
Yes, you may still be able to go to Canada if your DUI was 5 years ago, but you will need special entry permissions such as a Temporary Resident Permit (TRP) or Criminal Rehabilitation. A DUI conviction from after December 2018 is classed as serious criminality in Canada because the maximum potential sentence for the equivalent crime in Canadian law is now 10 years imprisonment. This means you would not be eligible for Deemed Rehabilitation.
A TRP can be applied for at any time, but requires a compelling reason to visit Canada, while Criminal Rehabilitation requires 5 years to have passed since the end of your last sentence before lodging your application. This 5-year period should include any driving bans or probation requirements that were attached to your conviction.
If you’re unsure which option is right for you, our team at Dogen Law can assess your situation and help you determine the best path into Canada when you have a DUI. Reach out today for professional, personalized advice.
I had a DUI 10 years ago can I go to Canada?
If you have a single DUI from 10 years ago and no other offenses on your record, you may be eligible for Deemed Rehabilitation. If you meet the criteria, it would remove the need to obtain a Temporary Resident Permit or Criminal Rehabilitation before travelling to Canada.
DUIs from before December 2018 are still eligible for “grandfathered” Deemed Rehabilitation, because they took place before the changes to Canada’s drunk driving laws, which increased the maximum possible sentence from 5 to 10 years imprisonment.
Being deemed rehabilitated is an automatic right that is free and does not require a formal application. The only requirements are that you meet all of the eligibility criteria and can prove it to an immigration officer when arriving in Canada.
If you’re unsure about your eligibility or want to make sure you’re fully prepared with the right evidence, a Canadian immigration lawyer can help you gather the necessary documentation and ensure a smooth entry process. At Dogen Law, we assist clients in presenting a clear and well-organized case to border officials. This may include providing legal opinion letters to help support your eligibility at the border. Reach out to our team to learn more about how we can support your travel plans.
I had a DUI 20 or 30 years ago can I go to Canada?
If you have a single DUI on your record from 20 or more years ago, it is likely you would meet the criteria to be automatically Deemed Rehabilitated. This means you would not need to be granted a TRP or Criminal Rehabilitation in order to enter Canada with a DUI.
It’s important to remember that this doesn’t mean you can skip the process of proving your eligibility to Canadian immigration officers — you must always declare all relevant criminal convictions when entering Canada, or you could risk being further excluded for misrepresentation.
If you’re unsure about your eligibility or want to make sure you’re fully prepared before arriving, a Canadian immigration law firm such as Dogen Law can help you gather the necessary documentary evidence and ensure a smooth entry process. We assist clients in presenting a clear and well-organized case to border officials. This includes issuing legal opinion letters where appropriate. Reach out to us today to learn more about how we can support your travel plans.
Getting into Canada with 2 or more DUIs
If you have 2 or more DUIs on your record, you are criminally inadmissible to Canada, and also not eligible for Deemed Rehabilitation after 10 years. This is the same regardless of whether the offenses took place before or after the impaired driving law changes in 2018.
The only way to enter Canada with 2 DUIs on your criminal record is to be granted a Temporary Resident Permit or Criminal Rehabilitation.
This is due to a stipulation in the rules surrounding Deemed Rehabilitation, which states that a foreign national can only be deemed rehabilitated if they have been convicted of a crime that is punishable in Canada by a maximum of less than 10 years imprisonment AND they have not been convicted of more than one such offense – Immigration and Refugee Protection Regulations, Section 18 (2)(c).
Although every case is judged individually, having more than one DUI on your record can also be viewed by a Canadian immigration officer as more of an established ‘pattern of behavior’ than if you had only a single DUI. As a result, you may be viewed as more of a potential risk to Canadian society by the Canada Border Services Agency (CBSA) and therefore have a lower chance of approval when it comes to TRPs and Criminal Rehabilitation.
Preparing a strong application that sets out your current stable and law-abiding lifestyle, as well as evidence of how you have rehabilitated yourself, will help to mitigate this. Get in touch with Dogen Law today to find out more about how you can structure your application for the best possible chance of success.
Temporary Resident Permit vs. Criminal Rehabilitation
If you are not eligible to be automatically deemed rehabilitated, the only two ways to overcome criminal inadmissibility and gain legal entry to Canada with a past DUI conviction are by being granted either a Temporary Resident Permit or the more permanent Criminal Rehabilitation. Here are the main differences:
| Temporary Resident Permit (TRP) | Criminal Rehabilitation | |
|---|---|---|
| Purpose | Allows inadmissible individuals to enter Canada temporarily for a specific, compelling reason. | Provides a permanent solution for criminal inadmissibility to Canada – allowing travel for any reason. |
| Eligibility Timing | Can apply at any time, even if the last criminal conviction was recent. | Can apply only after 5 years have passed since completion of the last sentence. |
| Duration of Validity | Issued for a limited, defined period (from 1 day to 3 years); may be single- or multi-entry. | Permanent solution to criminal inadmissibility unless further criminal activity occurs. |
| Processing Time | Generally faster: 3-6 months is typical when applying in advance, but can sometimes be issued at a port of entry on the same day. | Longer processing times (typically 6–18 months). |
| Application Fee (2025) | CAD $239.75 | CAD $239.75 – CriminalityCAD $1,199 – Serious Criminality |
| Application Location | At a visa office, Canadian consulate, or at the border/port of entry (in emergencies). | Must apply through a visa office or consulate (not available at the border). |
How Dogen Law Can Help
At Dogen Law, we have devoted years to assisting our clients in navigating various legal avenues that enable them to enter and stay in Canada. Whether you need guidance on the necessary documents for your Temporary Residence Permit application or advice on the most suitable program or path for your specific circumstances, our team of experienced professionals is prepared to support you. Contact us today!
Further Reading
Gain deeper insights into criminal rehabilitation, temporary resident permits, and overcoming criminal inadmissibility to Canada by reading our articles below:
Assault Charges
Border Checks, Criminal Inadmissibility, and Expunged Records
- Crimes That Make You Inadmissible To Canada
- Can Canada Access Expunged Records? Understanding Entry Restrictions
- Understanding Canadian Border Background Checks: What You Need to Know
Criminal Rehabilitation & Temporary Resident Permits
- Get Your Free Criminal Rehabilitation Assessment
- Get Your Free Temporary Resident Permit Assessment
- How Long Does it Take to Get a TRP for Canada?
DUI Resources
- Entering Canada with a DUI: Navigating the Process in 2024
- How does Canada know if you have a DUI?
- Can You Have a Layover in Canada with a DUI: Exploring your Options in 2024
- Can I Enter Canada with a Dismissed DUI Charge?
- Can You Fly to Canada with a DUI?
- Can You Move to Canada If You Have a DUI?
- Can I Go on an Alaskan Cruise with a DUI?
- How does Canada know if you have a DUI?
Felony Resources
- Can Felons go to Canada? A Step-by-Step Guide for Approval
- Can a Felon Drive Through Canada to Alaska?
