Can I Travel Outside of Canada with a DUI?
Last Updated: August 8, 2024
If you have been convicted of a DUI in Canada, it is important to understand how it may affect your travel plans, and the steps that you can take to mitigate any potential issues that may arise.
Criminal convictions for impaired driving offences can affect your ability to travel outside of Canada. However, impaired driving is not an offence which would automatically exclude you from being accepted in the United States, or other countries around the world. Whether you will be allowed to enter into another country will typically be determined by the border agent for that country.
It is important that Canadians who have been found guilty of impaired driving understand how their travel plans may be affected by their conviction and what they can do to mitigate their chances of being turned away at the border.
At Defend Your DUI, our lawyers have extensive experience in helping individuals with impaired driving convictions travel stress-free around the world.
How a DUI Affects International Travel for Canadians
When you arrive at the border of another country, a border agent will scan your passport into a computer, and will likely be able to see if you have been convicted for a DUI offence in Canada. In many countries, border agents can prevent you from entering their country on the basis that you have a criminal record. However, the likelihood of being turned away at the border will depend on the particular border agent, and the country that you are attempting to enter. It is thus important to understand the entry requirements of the country that you are looking to enter.
If you are convicted of a DUI offence, your ability to travel freely may be impacted. As a result, it is crucial that you contact a lawyer to assist you with your travel plans.
Travelling to the United States with a DUI
The decision whether to admit you to the US is discretionary on the part of the Customs and Border Protection Agent with whom you interact. This means that regardless of whether you have a criminal conviction for impaired driving, a Border Agent can deny your entry to the US for a variety of reasons.
That said, US Customs and Border Protection has clearly stated that a criminal conviction for impaired driving will not prevent a Canadian citizen from being allowed into the US. This is due to the fact that impaired driving is not considered to be a crime of “moral turpitude”. However, if you were convicted for other crimes alongside your DUI, including manslaughter or aggravated assault, you may be denied at the US border, as these are considered crimes of moral turpitude. Additionally, if you have multiple DUI convictions, or several convictions for other crimes alongside your DUI, you may be denied entry or require a waiver.
For more information on an impaired driving conviction and US travel, please consult the US Customs and Border Protection agency’s webpage:
If you have criminal charges and are considering travelling to the US, it is recommended that you seek legal advice to assist you in evaluating your entry prospects prior to travelling. Our office now offers a “waivers” service to gain entry into the US, even with a criminal charge or criminal record.
Travelling to Other Countries with a DUI
Depending on the country you are travelling to, you may be subject to different entry requirements. Below is a list of popular travel destinations and how they treat DUI convictions at the border:
- Europe: If you are travelling to any country in the European Union with a DUI conviction, you will likely be allowed entry. Every country in the union has adopted a uniform policy for determining whether travellers with criminal records can enter their country, and this policy does not recognize DUI as a “prohibited offense”. Because it isn’t considered a prohibited offence, you will likely be granted entry, depending on the circumstances of your DUI conviction and other convictions. If you are accepted into one European country, the union’s “Schengen Agreement” should allow you to travel freely between member nations without being impeded.
- Australia: In order to enter Australia, travellers are required to obtain a visa. The process for obtaining a visa includes a “good character” test, where government officials will review any criminal history that an applicant has. Having a DUI conviction does not automatically mean you will not meet the good character requirement, as border officials will typically only deny a traveller if they have a “substantial” criminal record. However, Australia’s entry requirements are notoriously strict, so it is recommended that you seek help to apply for a visa to travel to Australia with a criminal conviction.
- Mexico: If you are planning on travelling to Mexico with a DUI conviction on your criminal record, you may be refused entry at the border and returned to Canada on the next available flight. If you have been convicted of a “serious crime”, Mexican border officials are able to deny you entry to the country. Each case will be assessed individually, so the final decision will ultimately depend on the border official’s view of whether your DUI constituted a serious crime.
Prior to traveling with a DUI conviction, it is important to research the entry requirements of the specific country that you are attempting to enter. Our lawyers have experience helping those with criminal convictions navigate entry requirements for various countries, and are ready to help you with your next trip.
Legal and Administrative Steps to Mitigate Travel Restrictions
If you have a criminal record which may result in your exclusion from the US, you can mitigate your travel restrictions by applying for a temporary waiver in advance that may allow you to travel to the US. At Defend Your DUI, we offer a “waivers” service where our lawyers can assist you in gaining entry into the US, even with a criminal charge or criminal record.
If you are planning to travel to other countries with a criminal charge or record, such as Mexico or Australia, you can also mitigate potential travel restrictions by applying for a waiver granting entry to these countries. Making an application for a waiver depends on the country that you are wishing to travel to, and our lawyers are equipped to assist you through the process.
Re-entry to Canada with a DUI
If you are a Canadian citizen and travel to a foreign country with a DUI conviction, you will not be denied re-entry by Canadian border agents. While Canada may be one of the strictest countries in the world for admitting foreign travellers with DUI convictions, section 6 of the Charter guarantees a Canadian citizen’s right to re-enter Canada.
However, if you are not a Canadian citizen, and are looking to enter Canada with a DUI conviction on your criminal record, you will likely be inadmissable. If you’ve been convicted of driving while impaired, you may be inadmissible to Canada for serious criminality. This means that you generally can’t enter Canada. In order to enter the country, you will likely be required to obtain a temporary resident permit (TRP) or be classed as “rehabilitated” under Canada’s immigration law.
Conclusion
Criminal convictions for impaired driving offences may affect your ability to travel outside of Canada, but it is not an offence which would automatically exclude you from being accepted in the United States, Australia, Mexico, any of the European countries, or more.
However, the chances of you being allowed into each country is based on that country’s specific entry requirements. It is crucial to research the entry requirements of the specific country that you are attempting to enter. Ultimately, whether you will be allowed to enter into another country will be determined by the border agent for that country.
In order to best prepare for your next vacation, there are legal and administrative steps you can take to mitigate your chances of being denied entry into your country of choice. Countries like the U.S., Mexico and Australia all have waiver application processes, which if obtained, should allow you to travel freely into the country even with a DUI conviction on your criminal record. At Defend Your DUI, we offer a “waivers” service where our lawyers can assist you in gaining entry to your next travel destination.
