A DWI is considered a serious offense by the state of New York, and the conviction carries heavy penalties. But New York’s DWI laws are fairly lax compared to those in Canada. Canadian DWI penalties are stiffer, and, most surprisingly, U.S. citizens convicted of DWI offenses are likely to be denied admission to Canada at the border.

Below, Thomas A. Corletta, Attorney at Law, one of Rochester’s most accomplished DWI lawyers, explains the issues a DWI can cause at the Canadian border.

How Does A DWI Affect Travel To Canada?

How Does Canadian Law Treat A DWI Conviction?

Just as most nations do, Canada reserves the right to bar admission for those who have been convicted of serious crimes. Canada’s legal system includes two main categories of offenses — “summary” and “indictable,” which are roughly equivalent to a U.S. misdemeanor and felony — as well as a third category – “hybrid” – which can be prosecuted as either of the other two categories depending on the situation. DWI offenses fall under the hybrid category.

Visitors are considered “criminally inadmissible” to Canada if they have been convicted of a crime that could be prosecuted as an indictable offense in Canada. Because it is a hybrid offense, DWI qualifies, meaning Americans with DWIs can be barred at the border even if their own convictions are considered misdemeanors in the U.S.

Can Anything Be Done To Gain Entry To Canada With A DWI?

Under no circumstances should you try to hide your DWI or lie to Canadian authorities. The U.S. and Canadian governments cooperate closely on border security, and if you’re caught you could make it even harder for yourself to get into Canada in the future. There are methods for gaining legal entry, however, and some DWI lawyers may have experience in helping their clients resolve inadmissibility.

If your DWI conviction was less than five years ago, your only option is to apply for a Temporary Resident Permit either at a Canadian consulate or a port of entry. Such a permit enables a person to stay in Canada only for a specified time period and must be re-applied for at the next visit to Canada.

For a conviction between five and 10 years old, a U.S. citizen may also apply for what is called Criminal Rehabilitation, which permanently resolves a person’s inadmissibility to Canada. The process may require lengthy waiting times and complex applications, though a lawyer may be able to help.

If you need a DWI attorney in Rochester, New York, contact Thomas A. Corletta, Attorney at Law. Visit his website for more information about DWI defense, or call (585) 546-5072 today to schedule a consultation. You can also find him on Facebook and Twitter.