Can You Go to Canada If You Have a DUI Charge Pending?

In determining eligibility for travel to Canada as a result of a DUI arrest, it is not the severity of the charge in the United States that is important; it is the possible offense under Canadian law. The Immigration and Refugee Protection Act (IRPA) is the legislation that determines whether a non-Canadian can be denied entry into Canada based on inadmissibility. Under this act, pending DUI charges are considered "under prosecution" and may exclude U.S. citizens. Ultimately, the onus is always on the traveler to prove their eligibility for entry when challenged by Canada Border Services Agency (CBSA) officials. Once a person is arrested on suspicion of drunk driving, the likelihood of them being convicted is nil until they have enough evidence, such as evidence of dismissal, that they could face big problems if they try to enter Canada. Therefore, if you drink and drive and get pulled over, your eligibility to travel to Canada could be abruptly terminated.

Even lowering the DUI charge does not guarantee a smooth voyage into Canada. Reducing a DUI charge to a lesser charge such as reckless driving or careless driving could still result in you being denied entry to the Canadian border. This is because a dangerous operation is a serious offense north of the border, even if you are not impaired. If you have any arrests on your record, entering Canada may require a great deal of preparation. If your misdemeanor DUI charge is dismissed or you are found not guilty, written proof of favorable status may help with successful border crossing, but it is recommended that you consult with a qualified Canadian immigration lawyer before traveling.

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