A DUI (driving under influence) offense is considered to be quite a serious offense in several countries across the globe. Therefore, it is a key record that is looked into and recorded when crossing the borders and entering another foreign country. That being said, if you are trying to enter Canada with a DUI from the USA, then you may be facing difficulties.
Crossing the Canadian border and entering Canada can be a complicated and strenuous process if you have a DUI from the USA. Canada has strict laws concerning a DUI offense. After the legalization of marijuana in Canada in the year 2018, these laws were even more strengthened. Therefore, DUI offenses and offenders are dealt with very strictly by the regulatory authorities in Canada.
Suppose you want to enter Canada with a DUI offense from the USA, the good enough way to hire a Phoenix DUI defense attorney. Here’s all you need to know about the process.
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How To Enter Canada With A DUI offense from the USA?
The legalization of marijuana in 2018 led to strict dealings and tougher punishment for DUI offenses. The Canadian government aims to prevent Canadian citizens from driving impaired, so DUI offenders face severe punishments in the country. As of December 18, 2018, the maximum punishment for DUI can be a span of 10 years in prison.
DUI is treated as a hybrid offense in Canada, where the offender can be prosecuted by summary process or by indictment. A summary offense is like a misdemeanor offense in the USA, and an indictable offense is like a felony act in the US judicial system. Canadian immigration law also treats hybrid offenses as indictable. It means when a person is convicted abroad for DUI after the month of December 2018, Canada will see that as committing an indictable offense.
This is why you need an experienced and specialist Phoenix DUI defense attorney. They can guide you through the process of overcoming inadmissibility in Canada when you have a DUI record from the USA.
Temporary Resident Permit (TRP)
You can apply for a Temporary Resident Permit (TRP) to enter Canada if it has been less than five years since completing the DUI sentence. This is a temporary waiver of inadmissibility that will allow a person with a DUI record from the USA to enter the country. It can be valid for up to a period of three years.
Criminal Rehabilitation
If it has been more than five years and less than 10 years since completing a DUI sentence, a person will be eligible to apply for criminal rehabilitation. Once the application is approved, the applicant will be eligible to enter Canada with a clean slate.
Legal Opinion Letter
When facing a DUI charge with no prior criminal history, you are not generally considered inadmissible to Canada. However, Canadian immigration officers will decide the eligibility of a person to enter Canada based upon the benefits and risks of allowing their entry. A legal opinion letter from a reputed Canadian immigration lawyer can be helpful for this purpose.
Final Words
Talk to a specialist, experienced and reputed Phoenix DUI defense attorney to make a smooth entry into Canada even with a DUI from the USA.
