Can You Go to Canada with a DWI? What Travelers Need to Know

If you’re wondering, “can you go to Canada with a DWI,” you’re not alone—and the answer is far more complex than most people think. Whether you’re planning a ski trip to Whistler, a business meeting in Toronto, or a family vacation to Niagara Falls, a prior DWI (Driving While Intoxicated) conviction can quickly turn your travel plans upside down at the border. Canada takesDWI offenses seriously, and a single misstep years ago could potentially bar you from entry.

In this in-depth guide, we’ll explore the real consequences of crossing into Canada with a DWI on your record. We’ll analyze what the Canadian immigration authorities look for, discuss exceptions and remedies, and share stories of people who’ve been turned away—and those who got in. So before you pack your bags, here’s what travelers really need to know.

Why Canada Denies Entry for DWI Offenses

The Canadian government classifies a DWI—or DUI, as it’s often called in other states—not just as a traffic offense, but as a serious crime under its Immigration and Refugee Protection Act (IRPA). It doesn’t matter if yourDWI conviction happened in Texas, California, or anywhere else in the U.S. The moment a Canadian Border Services Agency (CBSA) officer sees it in your record, they can—and often will—declare you inadmissible.

Understanding “Criminal Inadmissibility”

Canada’s stance on DWI stems from its classification of impaired driving as a serious criminal offense. Since 2018, impaired driving carries a maximum sentence of up to 10 years under Canadian law—even if you didn’t serve jail time in the U.S. That means if you have a DWI conviction, Canadian officials may automatically treat you as “criminally inadmissible.”

Even if your DWI was a misdemeanor in the U.S., it could still trigger denial at the Canadian border because Canadian law evaluates the offense based on its own criminal code.

Real-Life Example: When One DWI Turned Into a Border Block

Take the case of Aaron, a 45-year-old marketing executive from Dallas who was heading to a conference in Vancouver. He had a DWI from ten years ago and figured it was no big deal—after all, his U.S. record was clean since. But when he arrived at the airport in Canada, immigration officers pulled him aside for extra screening. After two hours of questioning, he was told he couldn’t enter Canada due to his DWI. No exceptions. No entry.

Aaron’s company had to cancel his presentation. He missed out on key networking opportunities and was left embarrassed and frustrated. The worst part? It could’ve been prevented if he had taken steps beforehand.

Can You Go to Canada with a DWI? It Depends on These Key Factors

Whether you can go to Canada with a DWI depends on several legal and personal factors. Let’s break them down.

1. How Long Ago the DWI Occurred

If your DWI conviction is recent—less than five years ago—you’re likely considered inadmissible. But if it occurred more than ten years ago and was a one-time, non-violent offense, you may qualify for something called “deemed rehabilitation,” meaning Canada will consider you rehabilitated by time alone.

2. How Many DWIs You Have

One DWI can be complicated. Two or more? Your chances of entry drop dramatically. Multiple offenses usually require a formal application for criminal rehabilitation, which takes time and has no guarantee of approval.

3. What Type of DWI It Was

Canada treats all DWIs as serious, but aggravating factors—like causing injury or having a high blood alcohol level—can make your case worse. Felony DWIs in particular raise major red flags for border officials.

4. Your Purpose for Visiting

Canada may be more flexible for essential travel like work or family emergencies. If you’re coming for a vacation, the rules are stricter. Still, any flexibility depends on whether you’ve taken proper steps to resolve your inadmissibility.

What Is Criminal Rehabilitation and How Can It Help?

Criminal rehabilitation is a formal process you can apply for if it’s been at least five years since you completed all sentences related to your DWI (including probation and license suspension). If approved, you’re no longer considered inadmissible and can enter Canada freely.

How to Apply for Criminal Rehabilitation

  • Submit Form IMM 1444 to Canadian immigration
  • Include court records, a personal statement, and reference letters
  • Pay a fee (currently around $200 CAD for non-serious criminality)
  • Wait several months—processing can take 6 to 12 months or longer

If approved, this clears the path for future visits. But if your trip is coming up soon, criminal rehabilitation might not help in time.

Temporary Resident Permit (TRP): A Short-Term Solution

If you’re not eligible for criminal rehabilitation—or you don’t have time to wait—you can apply for aTemporary Resident Permit (TRP). This document grants you permission to enter Canada for a specific reason and time period, even if you’re inadmissible.

Key Points About TRPs

  • You must show a valid reason for your visit (e.g., business, urgent family matters)
  • TRPs are discretionary—approval is not guaranteed
  • You can apply at the border (risky) or in advance through a consulate
  • Processing time varies, but same-day decisions can happen at the border in some cases

Think of a TRP as a short-term permission slip. It’s not a fix, but it might save your travel plans if used properly.

Can You Fly Into Canada with a DWI?

Whether you’re driving or flying, the rules remain the same. Canadian authorities check your criminal history regardless of how you enter. Airlines don’t screen for DWIs, but once you arrive at a Canadian airport, border officers have full access to your record through U.S.-Canada data-sharing agreements.

What About Private Flights or Cruises?

Private entry doesn’t exempt you. Cruise passengers may not even disembark in Canadian ports if they’re deemed inadmissible. You could be confined to the ship—or worse, forced to return home early. Private jet travelers are also subject to border inspections and background checks.

What U.S. Travelers Should Know Before Booking a Trip

Before buying plane tickets or making hotel reservations, take a step back and ask yourself: “Can I go to Canada with a DWI?” If the answer is unclear, don’t roll the dice. Check your record, consult an immigration attorney, or speak with a Canadian consulate.

Make sure:

  • Your sentence was fully completed (including any probation)
  • You have documents proving the timeline
  • You know if your offense qualifies for rehabilitation

Waiting until the last minute or hoping to “fly under the radar” is not a strategy—it’s a gamble that often ends at the border.

How Canada Finds Out About Your DWI

Here’s the reality: Canadian border officers don’t need a confession. Thanks to the U.S.-Canada Information Sharing Agreement, they have access to:

  • FBI records
  • State-level conviction databases
  • NCIC (National Crime Information Center) data

They run your passport and cross-check your background instantly. If your DWI shows up, you’ll be pulled aside for questioning. If you lie about it, that’s another offense—potentially banning you for even longer.

Real Story: How One Family Avoided Disaster

Jessica, a mother of two from Arizona, planned a surprise trip to Banff National Park for her husband’s 40th birthday. Her husband had a DWI from 2009, but it had slipped her mind. Days before the trip, she learned about Canada’s rules and applied for a TRP at the Canadian consulate in Los Angeles.

The process was nerve-wracking—but her husband was granted a TRP just in time. They made the trip, and the memories were priceless. Had she not checked, they would’ve been turned away at customs with two kids in tow and a prepaid itinerary they couldn’t use.

Do Expunged or Sealed Records Still Affect Canadian Entry?

Yes, they can. Even if your DWI was expunged or sealed in the U.S., Canada may still view it as relevant. Canadian immigration law doesn’t always recognize expungement the way U.S. courts do.

It’s essential to gather full documentation of your expungement and consult with legal counsel if you plan to travel.

Frequently Asked Questions

What if I was only arrested but not convicted?

If charges were dropped or you were acquitted, you may still be questioned, but you’re not automatically inadmissible. Bring court records that prove the outcome.

Can I drive into Canada from the U.S. without issue?

You can try—but it’s risky. Border officers at land crossings have the same access to your criminal record. Denial at the border can be humiliating, and in some cases, documented.

Can my employer help me enter for business?

Employers can write support letters explaining the necessity of your trip, but you’ll still need a TRP or criminal rehabilitation if you’re inadmissible. Employer sponsorship alone isn’t enough.

Conclusion: Plan Ahead If You Have a DWI

So, can you go to Canada with a DWI? The honest answer: it depends. But one thing is clear—you can’t wing it. A DWI doesn’t automatically mean you’ll be turned away, but without preparation, you’re at serious risk.

Whether you apply for criminal rehabilitation, request a Temporary Resident Permit, or simply wait out the timeline for deemed rehabilitation, your chances of entering Canada improve when you take action in advance. Be honest, be prepared, and get legal help if you need it.

Because the last thing you want is to be standing at a border checkpoint, bags in hand, being told to turn around because of something you could’ve handled months ago.

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At the Law Office of Bryan Fagan, our team of licensed attorneys collectively boasts an impressive 100+ years of combined experience in Family Law, Criminal Law, and Estate Planning. This extensive expertise has been cultivated over decades of dedicated legal practice, allowing us to offer our clients a deep well of knowledge and a nuanced understanding of the intricacies within these domains.