A Washington State DUI conviction creates problems at the border
One of the relatively unknown consequences of a DUI conviction is the impact upon the ability to travel to Canada. Canada views a DUI conviction, or even a charge that is reduced from a DUI, very differently than the USA. While a DUI charge is normally a misdemeanor in Washington State, in Canada a DUI allegation is deemed a “hybrid” offense. Thus, a Washington state misdemeanor DUI charge may be deemed either an “Indictable Offense” (Felony) in Canada or one that could be prosecuted as a Summary Conviction Offense (Misdemeanor). Under Canadian legal procedure, the Crown (Prosecuting Attorney) may elect the manner of criminal proceedings for Hybrid crimes. The fact that a Washington state DUI charge might be deemed a “misdemeanor” in Canada does not prevent Canada from excluding a U.S. citizen from Canada because the DUI is also deemed an “felony” (indictable offense) under Canadian law.
The legislation that determines and restricts any non-Canadian from entry and travel into Canada is called the Canadian Immigration and Refugee Act. Under this law, no person who has committed an Indictable Offense may enter Canada unless they are deemed “rehabilitated.” Additionally, even if the charge is just a pending charge where there has been no resolution of the case, the Refugee Act treats the person as if they are "Under Indictment" and excludes them. It is neither the status of the crime in the USA, nor the seriousness of the crime in the USA that determines entry eligibility, but rather it is what the crime in the USA equates to under Canadian Law that determines whether entry into Canada is to be granted or denied. Thus, a Washington state DUI charge has serious implications for travel into Canada.
If the crime under Washington law has a counterpart in the Canadian criminal codes, it is the status of the crime in Canada that determines a person's eligibility. If the crime is an Indictable offense, or one that can be prosecuted as an indictable offense in Canada, then the accused is excludable from Canada for a period of time set forth under Canadian law. As a result, anyone convicted of DUI is automatically barred from entry into Canada for a minimum of 10 years, or until otherwise "deemed rehabilitated." If a DUI charge is reduced, the final resolution of the case may be helpful for purposes of entering Canada, but even a reduction of a DUI charge does not guarantee smooth processing at the Canadian border. The structure of the resolution of the DUI case is a factor in determining whether entry into Canada will be possible.
Advice for the traveler
At the border, when reporting to Canada Customs, it is important to keep in mind that the border guards are the officials in charge and their decision stands. Entry into Canada is deemed a privilege by the Canadian government. Due to the longstanding friendly border relations between Canada and the USA many US travelers have come to take entry into Canada for granted. The attack on the World Trade Center of September 11, 2001 changed all that as border security has been stepped up.
An additional tip regarding entry into Canada is that if entry is denied, abide by the admonition, if given, not to return until legally able to so. If that directive is ignored and entry into Canada is sought at another port of entry, denial is virtually certain and Criminal Immigration charges are certain to follow. All travelers’ information is placed “real time” into the Canadian customs database computer and an individual who has been previously denied entry is “flagged.”
Travel to Canada legally
In order to be able to lift the ban on entry into Canada as a result of a DUI you will need the assistance and advice of two attorneys. The first is the attorney who handled the DUI case in Washington State because that attorney will have the records documenting your case. Important items are Judgment and Sentence, documents relating to suppression of evidence, if any, and a copy of the Statement of Defendant on Plea of Guilty (if applicable) or a copy of the Jury or Judge's verdict. Once you have those documents they need to be transmitted to a Canadian attorney who is licensed to practice law in either Canada or the Provincial Bar for the province where you are seeking entry. Our firm has associated with a Canadian law firm to provide advice for clients who need to travel to Canada.
To fully represent a U.S. citizen who is charged with DUI in Washington State, the defense attorney should have a working knowledge of the issues related to travel into Canada. This knowledge is needed so that the structure of any resolution of the DUI charge will enhance, not inhibit, the probability of gaining lawful entry into Canada. At Fox Bowman Duarte, every attorney is familiar with the issues relating to entry into Canada when faced with a DUI charge. Moreover, our firm has an ongoing relationship with Canadian immigration attorneys who facilitate legal entry into Canada. In short, if travel to Canada is an issue and an individual is charged with a Washington State DUI, we can help.
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