Can you enter Canada prior to an actual "conviction" ?

Asked over 3 years ago - Phoenix, AZ

I have a company convention in the next few weeks taking place in Vancouver, BC for 3 days. I was arrested for misdemeanor DUI and yet to be convicted of the crime. I do not have any outstanding warrants etc. Right now I have only been charged, fingerprinted and my license is suspended.
Would this arrest/charges flag my passport at customs? Since im not convicted would there be anything on my record/passport pertaining to the DUI? ...please advise

Attorney answers (4)

  1. Wayne Rodgers Foote

    Pro

    Contributor Level 14

    2

    Best Answer
    chosen by asker

    Answered . The last answer is entirely incorrect. Under Canadian law you are barred from entering Canada if you have a pending DUI charge or even an administrative suspension for excessive BAC or refusing a test, as well as for a DUI conviction. It is not something you put on a customs declaration - they don't ask on any form you fill out. What happens is that the US shares its criminal and motor vehicle records with Canada. Canadian immigration will find out from those sources. Please see my legal guide, Traveling to Canada and DUI at the link below.

    You may need the assistance of a Canadian immigration lawyer if you must travel to Canada. They may or may not be able to help you.

    Wayne R. Foote, Esq.
    Board Certified OUI Defense Law Specialist
    by the National College for DUI Defense, Inc.
    Law Offices of Wayne R. Foote, PA
    344 Mt. Hope Ave
    Bangor, ME 04401
    (207) 990-5855
    (207) 990-5858 (fax)
    www.lawyersmaine.com
    "Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT... more
  2. Wayne Rodgers Foote

    Pro

    Contributor Level 14

    Answered . Unfortunately, a reckless driving or negligent driving reduction may not protect you from being inadmissible for Canadian immigration. The Canadian government looks at the elements of the charge of conviction and compares them to Canadian law. If you have been convicted of an offense that is a hybrid (chargeable either summarily or by indictment) or indictable offense under Canadian law, you are inadmissible. Most reckless driving and negligent driving statutes match the Canadian charge of Dangerous Driving. You should consult Canadian Immigration counsel when considering the ramifications of a plea agreement that might affect your ability to travel to Canada.

    Wayne R. Foote, Esq.
    Board Certified OUI Defense Law Specialist
    by the National College for DUI Defense, Inc.
    Law Offices of Wayne R. Foote, PA
    344 Mt. Hope Ave
    Bangor, ME 04401
    (207) 990-5855
    (207) 990-5858 (fax)
    www.lawyersmaine.com
    "Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT... more
  3. Erick Masten Platten

    Pro

    Contributor Level 18

    Answered . Hello there,

    Since you haven't been convicted you shouldn't have to disclose this information unless their customs form asks about any pending causes cases.

    Do a google search to find a customs form and review all their questions.

    Sincerely,

    Erick Platten

  4. Andrew C Huff

    Contributor Level 12

    Answered . The answer is most likely yes if the border officials find out about your case. If your DUI case is reduced to a lesser offense such as Reckless Driving or Negligent Driving, you should not have a problem although officials will most likely ask you about it. But if the DUI is still pending, they most likley will not let you enter.

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