Need info on DUI and getting into Canada

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booboo1's picture
booboo1
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Joined: 7/20/07

All, my husband had DUI conviction over 30 years ago in US when he was young, should he be worried about it not getting into Canada as a tourist?

Allen's picture
Allen
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Joined: 1/9/02

I thought there was a time limit, but I'm not sure on that.

30 years ago was a really long time and likely predates any of hte information exchange, but just to be on the safe side I would contact the Canadian officials. I believe somewhere way up on this thread was a point of contact.

Our Canadian friends can be anything but friendly if you run afoul of their rules.

You

“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” ~ Mark Twain

Allen's picture
Allen
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Here is the info I was thinking of, thanks TSR.

If you have committed or been convicted of a criminal offence, including driving while impaired, you may be prohibited from entering Canada.

However, you may be permitted to come to Canada if

you have applied for rehabilitation and your application has been approved; or
you are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated; or
you have obtained a temporary resident permit; or
you have obtained a pardon from the National Parole Board of Canada if the criminal offence was committed in Canada; or
you have obtained a foreign pardon recognized in Canada.

A legal decision on your inadmissibility can only be made at the time you seek entry to Canada either through an application or at a port of entry.

There are a number of ways to overcome a past conviction. For each of them, you must provide the documentation and information concerning the details of these convictions, including

information on the sentences you received for your convictions;
any pardons or discharges granted; and
information on the laws under which you were convicted or pardoned or discharged.

Individual Rehabilitation

You can apply for individual rehabilitation if at least five years have passed since you have completed all your criminal sentences.

To apply for individual rehabilitation, you must submit an application and pay a processing fee. http://www.cic.gc.ca/english/applications/rehabil.html

Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.

Deemed Rehabilitation

You may be deemed rehabilitated if at least 10 years have passed since you completed the sentence imposed for your crime. Some requirements for deemed rehabilitation include:

You have only been convicted of one offence; and
The offence would be punishable in Canada by a maximum term of imprisonment of less than 10 years.

You are not required to submit an application to be deemed rehabilitated.

Pardon or Discharge

If you received a Canadian pardon for your conviction, you may be allowed to enter Canada. If you have been convicted in Canada and wish to apply for a pardon, see the National Parole Board Web site. http://www.npb-cnlc.gc.ca/pardons/servic_e.htm

If you received a pardon or discharge for your conviction in a country other than Canada, check with the CIC office closest to you for more information.
Source: http://www.cic.gc.ca/english/visit/conviction.html

I agree on contacting the Canadian Border Service: contact them during business hours 8am -4pm mon - fri
You contact them during business hours you can speak to a customs agent on the phone about your situation. The number is 204 983-3500.

You

“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” ~ Mark Twain

Bowhuntin's picture
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Joined: 11/17/03

booboo1,
I wouldn't be overly concerned with it, they are looking for more current violations. Allen is right, chances are that conviction wouldn't show up on their current database anyway. Make sure you have photo ID's, both sides have really gotten strict on that lately.

RecurveShooter's picture
RecurveShooter
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Joined: 12/16/01

30 years is along time.. if its only been one offence then I woudn't be too worried. I had a conviction around 17 years ago. I called the Canadaian Port of Entry where I will be crossing in October and spoke with an officer there. Explained to them my situation and he told me if its been over 10 years since the conviction and there's been only one offence not to be worried about it. Thats Saskatchewan. It may be different for other provinces. If your worried about it track down the number to the Candaian Port of Entry your crossing and talk to them personally. Tell them your situation and they'll have some good advice. Be honest with them. NOw days you'll never what will happen. Hope it works out for you.

If you want to become a 'good' archer become the BOW, if you want to become a 'great' archer become the ARROW....  BYRON FERGUSON

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Hey Tonts and Bowhuntin - From your April posts I know a couple of good lawyers if you need a referral! Honest ones, too! Heck, include our friendly bass fisherman, make that THREE!

golfpro's picture
golfpro
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Joined: 6/30/07

Hi. Ducks Unlimited International (DUI) is an organization dedicated to the preservation of waterfowl. Getting into Canada is easy. Just cross the border.

snow's picture
snow
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Joined: 1/29/03

Maybe we should ship a crew of our canadian brothers down south and show us how its done!I would feel better knowing that all the tourist coming from mexico will go thru a criminal background check and have a photo ID and/or passport and if they lie about a DUI,they'll be arrested.

What a joke!

Perazzi usa
Benelli usa
Briley Chokes
 

Bowhuntin's picture
Bowhuntin
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bobkat,
Thanks, I'll remember that if I need one. Question is, why would you need an honest lawyer? Wouldn't you want a crooked one? I thought that's why there were so many crooked ones in the first place.

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Rowdie
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For whats it worth, back in the summer of 97 I tried to get into Canada. I think it was 97, whatever summer Grand Forks was cleaned up from the flood. I was working in GF and tried to go to Canada on a day off. It had been 11 YEARS since I got a DUI when I was 19, and they would not let me in. In my conversations with them, they said I could pay $500 (I can't remember the amounts exactly) for a lifetime pass, but that would take like 3 months to apply, or $350 for a one-time pass. I remember asking if there was a time limit, like in another 10 years could I get in for free? They said NO!

"Once you've wrestled, everything else in life is easy.".     Dan Gabel

Bowhuntin's picture
Bowhuntin
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Joined: 11/17/03

Rowdie,
Where were you last spring!!! LOL!!

Your border crossing experience wasn't untypical. As I tried to explain last spring many get through without a hitch, however if you run into a border agent with an axe to grind that day you'd better hope your ducks are in a row. If not you will get hassled at best, denied entry at worst.

No, I'll take that back, getting denied is second worst, having your vehicle tore apart and left that way and being strip searched and a flashlight stuck up you body cavities is probably worse than simply being denied access. And that happens every day by the way.

This summer has been an uneventful border crossing season for me. Show your drivers license and the birth certificates of any kids who don't have a drivers license, answer a few questions and you're on your way. Both sides seem more concerned with recent border crossing history than past arrest information, but it only takes one agent to question your record to ruin your day if you've had an offense which denies you access to Canada.

The absolute most stupid thing to do at a border crossing is not answer their questions truthfully as they already know the answers to the questions before they ask them.

BTW Rowdie,
There is an official name for what they tried to have you pay for getting in, but the unnofficial name for it is extortion!!

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Farnorth
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Joined: 5/23/02

Yesterday I stopped at one of the truck stops in El Forko Grande. On the advertising sign in the restroom, there was an advertisement for a border crossing service. The ad indicated they work through past DUI offenses. The number was 800-438-7020 (I think). It was targeted at truckers but you never know.

SmithMark's picture
SmithMark
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Joined: 7/29/10




When a person is driving or is in actual physical control of a vehicle within this state and is under the influence of alcoholic beverages, any chemical substance, when affected to the extent that the person's normal faculties are impaired; has a blood or breath-alcohol level of 0.08 or more.



Many states have a progressive DUI policy, which generally means that a first-time offender may not receive the maximum penalty allowed under the law. A judge can use some discretion when sentencing those convicted of DUI, especially if the accused pleads guilty and demonstrates remorse for his or her actions.




You may also be guilty of DUI / DWI for driving when your physical abilities are impaired by drugs or a combination of drugs and alcohol. In the eyes of the law, it makes no difference whether the drug is legal or illegal, prescription or over-the-counter. If taking that drug impacts your senses of seeing, hearing, talking, walking, judging distances, or any other physical or mental ability used in driving, you may be found guilty of a drunk driving offense.

A DUI charge is very serious. Driving under the influence is a severe crime in every state. The consequences of a conviction are life-altering. If you don't seek professional DUI lawyers to protect your rights, You may face:

• Jail time
• Job loss
• Loss of driver's license
• Insurance coverage complications
• Impoundment of vehicle
• Ignition interlock device
• Probation
• Community service
• Alcohol education/treatment/assessment
• Restricted interstate or international travel

 

 

 

 

sliverfox's picture
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We have gone into Canada quite a number of times with one in our group who has trouble with DUIs.  We have always been succesful, but it is totally the luck of the draw as there is absolutley nothing you can fo about it.  Some low hanging fruit to avoid problems.  Never take DUI guys vehicle, never let him drive at border crossing.  They have a good data base, if they ask for your DL they can identify any DUI.  If they identify one in your group it will then depend on how well the border guard did last night or if they are having a good or bad day.  They can let you pass, so smile and as in any case let the driver do all the talking and answer all questions and the rest of passengers keep thier mouths shut unless asked a direct question.  Good Luck as you frankly have little or no control!

silverfox

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