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DUI arrest.....entering Canada


bigcreekdad

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Unfortunately, a member of our annual fishing trip was stopped for a DUI a few weeks ago. Ironically, it was after a night of drinking with a designated driver in his group, but he made the bad decision to drive the mile home on a backroad afterwards from where they had left there cars. I know that Canada would typically deny him access at the border. Are there any options available for a short trip? Otherwise, we'll be looking at Wisconsin or Minnesota. Tough laws, and certainly warranted, but are there any temporary waivers of any kind. Obviously, he would NOT be driving across the border. Thanks in advance.

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Unfortunately, a member of our annual fishing trip was stopped for a DUI a few weeks ago. Ironically, it was after a night of drinking with a designated driver in his group, but he made the bad decision to drive the mile home on a backroad afterwards from where they had left there cars. I know that Canada would typically deny him access at the border. Are there any options available for a short trip? Otherwise, we'll be looking at Wisconsin or Minnesota. Tough laws, and certainly warranted, but are there any temporary waivers of any kind. Obviously, he would NOT be driving across the border. Thanks in advance.

 

From what I understand (and I'm not an expert), they do a background check for convictions if you are immigrating to Canada...not necessarily just to visit. I could be wrong, but I dont think they have access to police files right at the border crossing. Anyone else know for sure?

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There is a 'waiver' (US term not used in Canada) that can be applied for, it is called a Temporary Resident Permit (TRP) that will overcome the DUI inadmissibility. Your buddy should apply at a Canadian Consulate prior to visiting this way he knows if he can get in or not. If he applies at the border, it will be the Officer's discretion to grant the TRP. Yes, the border does have access to US and Canadian criminal records at their fingertips.

 

For the future, after five years he can apply for Rehabilitation. He applies once and if granted, it will overcome the DUI inadmissibility for any subsequent trips to Canada. After 10 years, if this is his only conviction, he will be deemed rehabilitated and the DUI will not bar his admission to Canada.

 

Hope this helps....Rebe

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Let me speak from personal experience.

 

I am a US citizen that is now working in Canada. A year prior to my move, received a DUI (and deservedly so). I began traveling to Canada for work before all of my paperwork (Temporary Resident Permit, Work Permit) were complete. I basically operated under the "don't ask, don't tell" principle. If they didn't ask me if I had ever been arrested, I never offered it up to them. This worked well for a couple of months (getting the proper paperwork processed is a pain in the rump, and takes a long time) until, one day, misfortune smiled upon me. I was coming back to Canada, and because of some flight delays, did not get to Detroit Metro until about midnight. By the time I got my rental car, I did not get to the border until almost 1 AM. Not a good time to be crossing. The guards had too much time on their hands, and asked me many more questions than usual. I got the dreaded "yellow" ticket, and was asked to go inside for some more questioning. It was at that time I was finally asked if I had ever been arrested. There was no way I was going to lie, and get myself in a heap of trouble. I said yes, and detailed the particulars. I was politely informed that I did not have the correct paperwork, and to turn around and go back to the states until such time that my paperwork was in under. I was also told that if I tried to cross again without the proper paperwork, I would be going to jail.

 

So, long story short, I went back to the states, and did not return until I had my affairs in order.

 

My opinion is, the chances are that your buddy will never get caught, as long as nobody in the car is smoking dope in the car, or doing lines off of the dashboard. Cross at a busier time of day. Have details of exactly where you are going, and what you are going to do when you get there.

 

If for some reason he does get caught, the worst that will probably happen is that he gets turned away.

 

Hope that helps. Let me know if you have any questions.

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I needed the TRP (temporary residency permit). Without the DUI, I could have lived and worked in Canada with just a work permit.

 

Fortunately for me, my employer handled all of the legal stuff regarding my entry. They would just send me the paperwork, and I would fill it out and return it to them. I do remeber having to send a set of my prints to the FBI as part of the process. The matter was handled through the Candian Consulate in Detroit. You could probably contact them to get whatever you need.

 

Once I had all of the proper paperwork turned in, it generally takes 90-120 days for it to process.

 

Sorry I do not have more detail. Good luck!

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It's NOT only children!!...the mortality rate of people involved in a Drinking and Driving incident, whether it be the driver or some innocent bystander is HIGH!!

 

On a lighter note. If you know someone who is not someone's "child" please enlighten us...... I didn't know we had human clones running around ;o) Everyone is someone's child, that is something we tend to forget that no matter how old someone is

 

On a more serious note I just can't imagine anyone being stupid enough to get an impaired charge in the last 25 yrs.... HELLO it is just plain idiotic no other word for it, to drive around drunk. I know some of us are old enough on here to remember what it was kind of looked at with a wink and a bit of finger wagging but those days went out with the 12.50 pack of 24 at the in and out store...

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CCMT you are definatley wrong, they can deny acess at the boarder due to a criminal record going both ways.

 

I gathered that from the other responses, however, I was thinking about the officers in the booth having access to criminal records. I didn't think they by default checked your criminal record on a computer right there while they are chatting with you in your car.

Edited by ccmtcanada
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ccmt,

 

A buddy of mine got stopped at a border crossing once. Which is good because he sorta looks like Santa Claus and he may have been smuggling elves. lol

 

They asked him if he had ever been arrested, he said no. They asked about a 40+ year old arrest that had been officially expunged from his records! Somehow they had a record of it, so they do indeed have access to all kinds of info. This may have been inside as opposed to right at the gate though. They do seem to have some sort of computer or scanner at the border they pass your passport through so maybe it is all interconnected.

 

Charles

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ccmt,

 

A buddy of mine got stopped at a border crossing once. Which is good because he sorta looks like Santa Claus and he may have been smuggling elves. lol

 

They asked him if he had ever been arrested, he said no. They asked about a 40+ year old arrest that had been officially expunged from his records! Somehow they had a record of it, so they do indeed have access to all kinds of info. This may have been inside as opposed to right at the gate though. They do seem to have some sort of computer or scanner at the border they pass your passport through so maybe it is all interconnected.

 

Charles

 

Thanks Charles...that answers my question!

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Canuckfan....thanks for the last note. The lad feels bad enough.....I'll be sure and pass along your thoughts on his being stupid and idiotic.....I'm sure he doesn't feel that way already.

 

Do you hear confessions too padre?

 

Hey, lets all be honest the one CRIME that is totally preventable is DUI..... I have told family members and friends the exact same thing. I have no sympathy for it because I make my living on the roads and I start my route about the time the bars let out some mornings. So I do resent people who could put my life at risk over the price of a cab.

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How does the old saying go........

 

"Let he who is without sin cast the first stone"

 

Nobody is perfect. God bless you if you are Canuck2fan.

 

I am far from perfect, I'll be the first to admit. That said, I don't think having the opinion I do that driving while under the influence of either alcohol or drugs is dangerous, stupid and idiotic is really that harsh at all. I bet any poll taken anywhere on the subject would pretty much match my sentiments. Maybe you feel different that's your right and more power to you.

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