Question for our N of the Border Pelicans, about DWIs

[VINMAN]

Is it true that if an American has a DWI or refusal on their license, they cannot cross the border into Canada??

[slodave]

Yes and no. If its fresh, chances are not so good. If it happened 5 or more years ago, there is some paperwork and a $250 (I think) fee to get a temporary one time visa - you can apply for a new one each time you go across. After 10 years and it should be okay to travel across the border, but some of the border agents that had had a bad week may turn one away.

DUI is treated as a felony up there.

[VINMAN]

Dave, what about a "refusal to submit"? A buddy of mine is supposed to be driving up this weekend. Someone told him about this today.

[slodave]

I have no idea. If you fly (trains too, I think), you are supposed to fill out a declaration/INS form, much like we have here when returning (or tourists) from overseas. If you have been convicted, you are supposed to note it on the form. From there, Canadian customs can and would probably send you (not you personally) home. I read that - and this was what people were talking about on forums - driving across was the best option to slide under the radar, but make sure to be the passenger. Not sure why one wouldn't sill have to fill out the same forms, but that's what I read.

[slodave]

Here's a little info on the subject.
Canada: DWI or DUI - Driving convictions - TripAdvisor

Canada’s Immigration and Refugee Protection Act, Chap. 27 (2001), § 36, states that a “foreign national” is “inadmissible” if that person “committed” or was “convicted of” a single offense that would constitute an “indictable” offense under an Act of Parliament. It does not matter if the offense occurred in another country. Driving under the influence, driving with a .08 percent or higher alcohol content, refusing a chemical test, leaving the scene of an accident, and driving on a suspended license, are each independently deemed to be indictable offenses under the Criminal Code of Canada. A conviction for anyone of these offenses makes one inadmissible to Canada. Moreover, a “conviction” includes deferred dispositions where a “guilty” or “no contest” plea has been entered.

Maybe it's not considered a felony - thought I had read that, but the Canadians treat the offense worse than we do..

[VINMAN]

Thanks Dave. Much appreciated!

[willtel]

If you happen to drive across during peak times there is a good chance they will only check your docs and wave you through. If you try to cross when the border isn't busy and it is your first visit to Canada they will ask you to come inside and you have to speak to an agent about why you are going to Canada. That agent will have access to all of your American legal records but may not tell you that is the case. If they see any convictions they will question you about them and it is up to the agent to decide if you get in.

Most property crimes and usually DUI will prevent you from getting in. Once that happens you have to go back to the US then explain why you were denied entry.

[ODDJOB UNO]

what an interesting topic. a certain individual we know of here and i wont mention names unless forced to drink a 12 pak of coronas...............once was busted for conspiracy to sell transport distribute a very very large amount of the demon weed back somewheres 2004-ish or so.


they busted them dead to nutz. convicted blah blah blah.



once this is over, this individual meets this gal. this gal just happens to be well monied and is from...............you guessed it..................canuck-ville aka canada. and of course our hero never let on about his past sordid criminal rap sheet.


well they have the story book wedding.



and you guessed it again.......................they had to go up to the great white north and meet her family.



and BINGO you guessed it again upon arrival at the pearly white gates of canuck ville.............................they busted him as a FELON entering the hallowed land of canucks. and he was detained...............and then promptly shipped back to the u.s.a. all the while trying to EXPLAIN his boofonary to his wife and her family!




oh what a tangled web of deceit some people weave for themselves!



LMFAO telling that one!

[pwd72s]

Originally Posted by willtel

If you happen to drive across during peak times there is a good chance they will only check your docs and wave you through. If you try to cross when the border isn't busy and it is your first visit to Canada they will ask you to come inside and you have to speak to an agent about why you are going to Canada. That agent will have access to all of your American legal records but may not tell you that is the case. If they see any convictions they will question you about them and it is up to the agent to decide if you get in.

Most property crimes and usually DUI will prevent you from getting in. Once that happens you have to go back to the US then explain why you were denied entry.

Wish our southern border was controlled as well as Canada's.

[slodave]

Paul, we seem to have the same types of restrictions. Canada and the US share a lot of records, especially after 9/11. I bet if you were busted for a huge grow-op in Canada and tried to visit the US, you'd get turned away as well. It seems that the biggest issue that comes up, is the DUI/DWI thing.

[Reg]

so on another take if someone from Canada was convicted of dangerous driving over 20 years ago would they be admissable to the USA?

[imcarthur]

When you drive across, there is no form. It is just the guy in the booth who asks questions & plays with his computer. When you hit airport customs, you must have the form filled out to hand to them. There is no declaration on the form about a criminal record. See http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/e311-eng.pdf So it is up to the individual officer to ask.

Ian

[slodave]

Okay, so no declaration, but when you hand your passport to them, it shows your record and that's where they get you.

As for driving, that's probably why it was mentioned to be the passenger, so the driver gets most of the attention.

[imcarthur]

Yeah, records don't go away. I had a buddy that was on his way to Somewhere US & he couldn't board the plane. A bust for a joint when he was 19. He had traveled to the US before (to Cali with me & our kids actually) with no problem. Then one time they asked. He had to get the waiver visa in Buffalo! Another hifi co owner had been busted for coke back in the early 80s. During our annual Vegas trek through the late-80s/90s, he was always in the bad boy room off to the side.

Ian

[Rick Lee]

I've been through Canadian customs three times since my refusal conviction 10 yrs. ago. No problems at all. I doubt a police background check would be able to dig it up. I got it buried as part of a deal.

[TimT]

Yeah, records don't go away.

Yes they do... I was busted for a trifecta in the late '70s pot, coke,acid..

I worked in the sandbox for years and needed a security clearance... No problem..


I have traveled the world extensively since then... and that transgression from when I was a teenager has never caused me any problems entering any country...

I have been to Canada more times that I can count and have never had a an issue entering...Never a question form the Canadian border guards inre my "record"

The most trouble I ever had crossing a boarder was returning from Mosport.... the US agents in Watertown kept me there almost over night, and they made me empty my trailer in the impound area,, then looked at everything I packed...... and then of course I had to reload the trailer..

All because I filled out some form to generally I had to "itemize" the contents of my trailer

[Mark Henry]

Originally Posted by Reg

so on another take if someone from Canada was convicted of dangerous driving over 20 years ago would they be admissable to the USA?

Dangerous driving is a traffic conviction so your OK, DWI (DUI in canada) is a criminal record.

Tim next time you go to Mosport you should give me a call, I'm like 20-30 minutes away.

[Reg]

Mark - it is not. Careless is but dangerous is like a DUI - criminal code.

[Mark Henry]

Originally Posted by Reg

Mark - it is not. Careless is but dangerous is like a DUI - criminal code.

Sorry you're right, I was thinking Careless.
20 years it may not show up at the border, but IIRC you can get a waiver to travel to the US.
Or you could get a pardon if you've been a good boy since then.

[stealthn]

The biggest problem we have going to the US is they suspect we will take the jobs away from the illegals