I had a .13 BAC and am of probation and haven't had any trouble with the law since then
Canada recently changed their guidelines for allowing persons with one-time DUI offenses to enter. However, it should be noted that if granted entry, it is typically for a one-time only entry into Canada.
If you get a DWI or DWAI conviction in the states Canada will not allow you to enter without special permission. In fact, any misdemeanor (or anything considered a crime in Canada) will bar entry. In fact even states with reckless or impaired offenses non criminal) are barred entry. You have options, but neither is particularly exciting, and most definitely onerous.
So you have TWO OPTIONS after a DUI, DWI, OUI, or DWAI (ability impaired) conviction:
OPTION ONE: Apply for an Approval of Rehabilitation at the Canadian Consulate or Embassy
You must show you are living a clean and stable life but unfortunately you can only apply after 5 years have passed since the date sentence was imposed and/or your period of probation has ended.
OPTION TWO: Obtain a Temporary Resident Permit, Go to:
You will need: 2 passport photos, a criminal clearance certificate, 3 letters of reference
NOTE: You will need to obtain a criminal clearance certificate from ALL police authorities from ALL countries you have lived since age 18.
To obtain a criminal clearance certificate in the United States:
1. You will need a set of fingerprints (go to a local police department or a regional DMV office)
2. A letter of request for a criminal background check with a check (go to FBI website for latest rates)
3. Send to:
FBI/Criminal Justice Information Services Division
Attn: Records Request
1000 Custer Hollow Road
Clarksburg, WV 26306
Canada does not automatically grant Temporary Resident Permits to anyone with a DWI or DWAI conviction. They (Canada) will weigh 4 main factors:
1. If the applicant has a reason to visit Canada beyond pleasure pursuits. ie. Relatives who reside in Canada that may be ill.
2. If the applicant has property interests in Canada or a business relationship in Canada
3. The nature of the applicant's criminal offense in the States and it's severity.
4. The time that has passed since the offense was committed.
Lawrence (Larry) Newman, D.C., J.D. Licensed in NY, PA, NJ, & FL but not ND consult wit a ND lawyer http://www.ithacainjurylawyer.com http://www.ithacadwi.com This is not a substitute for legal advice, nor is it to be construed as legal advice. I would recommend discussing this matter with a lawyer.
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