DUI Travel Restrictions: Can you go to Canada?

By otmseo on August 24, 2020

DUI Travel Restrictions: Canadian Entry

Got a DUI and going to Canada?  Canadian entry can be denied because of DUI Travel Restrictions.

Canada treats a DUI as a felony (in Canada, it’s a National Crime as opposed to a Misdemeanor) and will not allow you to enter by plane or apply for visa. Although, clients tell me that they’ve been able to enter by bus.

You can apply to obtain a waiver for entrance at the border. As part of the process you have to provide a good reason for entering Canada. It is still possible that you could be refused entry at the border.

To travel to Canada you need to have your DUI conviction dismissed pursuant to PC 1203.4 (this is commonly and mistakenly referred to as an Expungement). To get this you must have successfully completed Probation or have your Probation terminate early (by moving the Court to terminate it early). Then you must move the Court to dismiss the Conviction pursuant to PC 1203.4. This works for Canadian entry. You can do the PC 1203.4 dismissal yourself or hire an attorney to do it. PC 1203.4 dismissal is discretionary, and there is a hearing in court to obtain it.

If you have more questions about DUIs and travel restrictions, call me at 213-479-5322.

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