How a DUI Can Make You Inadmissible to Canada (and How to Overcome It)

Ksenia Tchern McCallum
Jul 7
4 min read

Updated: Jul 28

If you’ve ever been convicted of driving under the influence—whether it’s called a DUI, DWI, OWI, OVI, or another variation—you could face serious trouble entering Canada. Even if the incident happened years ago and you’ve moved on with your life, Canadian immigration law treats impaired driving offenses very seriously.

For many U.S. travelers, this comes as an unwelcome surprise at the border. Business professionals, vacationers, and even airline crew members are often turned away because of an old DUI they didn’t think would matter.

The good news? Being inadmissible doesn’t mean you can never enter Canada. There are legal solutions, but it’s critical to understand how Canada views DUI offenses and what steps you can take to overcome this issue.

Why a DUI Makes You Inadmissible to Canada

In 2018, Canada changed the way it classifies impaired driving offenses. Before then, a single DUI was often considered a less serious offense. But after amendments to the Criminal Code of Canada came into effect, impaired driving became a serious criminal offense punishable by up to 10 years in prison.

This means:

Even a single DUI (or similar offense) from the U.S. can render you criminally inadmissible to Canada.
It doesn’t matter if the offense happened recently or 20 years ago—unless you’ve taken formal steps to resolve it, it can still impact your ability to enter.
You may be refused entry whether you’re driving, flying, or even arriving by cruise ship.

Canadian border officers assess inadmissibility by comparing the U.S. offense to the equivalent Canadian offense. So even if your state classifies it as a misdemeanor, Canada may treat it as a serious crime.

Different U.S. Terms for DUI – But Same Impact in Canada

Across the U.S., impaired driving charges are labeled differently. Common terms include:

DUI – Driving Under the Influence (used in many states)
DWI – Driving While Intoxicated or Impaired (Texas, New York, etc.)
OWI – Operating While Intoxicated (Indiana, Iowa, Wisconsin)
OVI – Operating a Vehicle Impaired (Ohio)
DWAI – Driving While Ability Impaired (Colorado, New York)

Regardless of what it’s called in your state, if the underlying offense involves alcohol or drugs, Canada treats it the same way: a serious criminal offense that can make you inadmissible.

Who Is Most Commonly Affected?

We often see inadmissibility issues affect:

Business travelers attending meetings, conferences, or corporate events in Canada
Truck drivers and other commercial drivers who cross the border regularly
Families on vacation who didn’t realize an old offense could cause problems
Airline crew members or workers transiting through Canada

Even if you have no further convictions, a single DUI on your record can trigger refusal at the border.

How Border Officers Find Out About Your DUI

Some travelers assume, “If it’s not on my passport, they won’t know.” Unfortunately, that’s not true. Canada and the U.S. share law enforcement information through databases like CPIC and the FBI’s NCIC.

When you arrive at the border, Canadian Border Services Agency (CBSA) officers can instantly see your criminal record, including DUIs and similar charges. Trying to hide it or “hope they won’t notice” is not a strategy that works—it can actually make things worse.

Solutions: How to Enter Canada After a DUI

If you have a DUI on your record, there are two main legal ways to overcome inadmissibility:

1. Temporary Resident Permit (TRP)

A TRP allows you to enter Canada for a specific reason and time period, even though you’re technically inadmissible.

Ideal for urgent travel, like business meetings, family events, or essential work trips
Can be valid for one-time entry or multiple entries for up to three years
Requires showing a valid reason for travel and proof you’re not a risk to Canadians

Think of it as a special permission slip—helpful for travelers who need to come to Canada soon but don’t yet qualify for a permanent solution.

2. Criminal Rehabilitation

If enough time has passed since the completion of your sentence (usually at least five years), you may qualify for Criminal Rehabilitation.

Once approved, it permanently removes your inadmissibility for that offense
You won’t need a TRP for future travel
It’s a one-time process—once granted, you’re treated as if the offense never made you inadmissible

This is the best long-term solution for frequent travelers or anyone who wants peace of mind when crossing the border.

Why You Should Work with an Immigration Lawyer

While it’s possible to apply for a TRP or Criminal Rehabilitation yourself, the process can be complex and technical. Canadian immigration officers have broad discretion, and poorly prepared applications often get refused.

As an immigration law firm experienced with DUI inadmissibility cases, we help U.S. travelers by:

Assessing your record to determine the best option (TRP vs. Rehabilitation)
Preparing a strong application with supporting evidence
Explaining your case in a way that increases the chances of approval
Guiding you through the process so you avoid delays or mistakes

We understand how stressful it can feel to be turned away at the border—especially when it affects your work or family plans. That’s why we focus on creating a clear, effective strategy so you can travel to Canada with confidence.

Don’t Wait Until the Border to Find Out

One of the most common mistakes is waiting until you’re already at the border to discover there’s a problem. By then, it’s too late—CBSA officers will simply refuse you entry.

If you know you have a DUI or similar offense on your record, it’s far better to prepare in advance. Whether you need urgent travel clearance or a permanent fix, we can help you navigate the process.

Need Help Entering Canada After a DUI?

A past mistake shouldn’t stop you from visiting Canada for business or family reasons.

At Tchern McCallum Immigration Law, we help U.S. travelers overcome DUI inadmissibility with Temporary Resident Permits and Criminal Rehabilitation applications.

Book a consultation