The answer to the question of whether a DUI is a felony in Canada is that it can be. A DUI is considered a hybrid crime, meaning that the Crown Prosecutor can choose to prosecute it as either a misdemeanor or an indictable offense (felony) punishable by up to ten years in prison. If you have been arrested or convicted of driving under the influence of alcohol (DUI), you may be criminally inadmissible in Canada, which can affect your ability to enter the country as a visitor or impede your eligibility for any Canadian immigration programs. Even if you have only been charged with a misdemeanor or have had your DUI expunged, you may still be denied entry to Canada.Under Canadian law, the government can deny you entry to Canada if you have a single DUI conviction on your record.
The same is true if you have a “wet and reckless” DUI declaration agreement on your record. This denial of entry is a hardship that people must endure, in addition to the traditional penalties imposed for a DUI arrest. Even civil DUI offenses, such as the DWAI in New York or the OWI in Wisconsin, can prevent a U. S.
citizen from visiting Canada despite being a traffic violation and not a criminal conviction.People who are denied a NEXUS card due to a DUI could discover that NEXUS refusal brings its criminal past to the attention of the Canadian border, which could lead to them being refused entry on their next visit. Dangerous operation of a motor vehicle is a serious crime that often encompasses many other driving offenses, including vehicular homicide, hit and run, and DUI.If the DUI is old and the court documents have been purged, consider asking the court clerk for a letter or email stating that the injunction was requested, but is no longer available. No immigration lawyer should speculate on the exact percentage of chances someone has of successfully entering Canada with a DUI conviction or ensuring that a client gets approval for a TRP or rehabilitation.If you are currently facing a DUI charge without a criminal record, you should not be considered inadmissible in Canada. However, if it has not yet been 10 years since the parties completed their DUI or “reckless wet” sentence, they may still be eligible to enter Canada through what Canadian authorities call “individual rehabilitation” or rehabilitation by application.If you are criminally inadmissible due to a drunk driving incident, but you only know Canada's DUI entry laws shortly before a business trip, you may have to decide between canceling your travel plans and applying for a TRP at the border.
So it is advisable that any American with an arrest or conviction for DUI, DWI, OVI, OUI, DWAI, reckless wet, or any other arrest or conviction for DUI in their past talk to an expert about their admissibility before attempting to enter Canada.