If you commit a crime in the United States that is considered a criminal offense in Canada, it can make you inadmissible in the country. So, is a DUI a serious crime in Canada? The answer is yes, a DUI can be an indictable offense (felony) punishable by up to ten years in prison. In Canada, a DUI is considered a hybrid offense, meaning that the Crown Prosecutor can choose to prosecute it as either a misdemeanor or felony. Impaired driving is the term used in Canada to describe the criminal offense of operating, taking care of, or controlling a motor vehicle while the person's ability to operate it is affected by alcohol or drugs.
Driving with impaired abilities is punishable under multiple offenses under the Criminal Code, with higher penalties depending on the damage caused by driving with impaired abilities. It can also result in various types of driver's license suspensions. Subsequent penalties will result in you being imprisoned for at least 120 days. If prosecuted as a summary sentence, the sentence can last up to 18 months.You may be able to enter Canada with a DUI conviction if you have a valid Temporary Residence Permit (TRP) or Criminal Rehabilitation (CR).
However, if you have a valid temporary residence permit, you must bring this application with you, making it likely that the people you are traveling with will be able to discover your DUI. Since DUI (having a blood alcohol level greater than 0.08 percent in the United States) is the equivalent of a felony, only those who are considered rehabilitated can enter the country. 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.In theory, anyone who has committed an indictable offence, which carries a maximum sentence of ten years or more (as DUI now does), is inadmissible in Canada forever because of a serious crime. It is impossible to determine the likelihood of being accepted into Canada with a DUI conviction because this decision is at the discretion of border officials.
Canada treats convictions for reduced DUI charges, such as Reckless Driving and Negligent Driving in the First Degree, the same way it does with the DUI itself. If 10 years or more have passed since a DUI sentence was completed, an inadmissible person could be considered rehabilitated simply as a result of the passage of time.Entry into Canada may be possible if you provide evidence at the border that criminal charges were never filed or that your DUI charges were dropped completely without resulting in a conviction. A DUI is considered a hybrid crime in Canada and it is up to the discretion of a Crown attorney to decide how it will be prosecuted. Therefore, if you are charged with any type of DWI offense, it is important to contact an experienced DUI lawyer in Winnipeg to help you plead and be free from such record.If it has been less than five years since your DUI sentence was completed, you must apply for a Temporary Residence Permit (TRP) to enter Canada.
A DUI is considered a serious crime in Canada and there are fears that someone who has been arrested for DUI could re-offend in the country. Most prosecutions for DUI charges in the country lead to summary convictions, while they are also sometimes prosecuted as an indictment.