Driving Under the Influence (DUI)
Driving Under the Influence, refers to a citation given for the operation of a vehicle while under the influence of alcohol or narcotics. For the purpose of Canadian immigration, operation of a motor vehicle with a blood alcohol content (BAC) above .08, constitutes a DUI. If you have been convicted of a DUI, you are considered inadmissible to Canada, and entry will likely require a Temporary Resident Permit.
Criminal Inadmissibility
Individuals who are criminally inadmissible to Canada are prohibited from entering the country for any reason. They will remain inadmissible to Canada until they undergo the criminal rehabilitation process or are deemed rehabilitated. If eligibility for criminal rehabilitation has not been met, it is possible to enter Canada on a Temporary Resident Permit (TRP).
Criminal Rehabilitation
Criminal Rehabilitation is essentially an application process whereby an individual petitions the Canadian government to disregard their criminal history, for the purpose of Canadian immigration. In order to be eligible for criminal rehabilitation, 5 years must have passed since the termination of all probationary periods and/or sentences. If an individual has been convicted of a DUI, Canada entry is possible after undergoing the criminal rehabilitation process. If 5 years have not passed and you are not eligible to apply for criminal rehabilitation, you will require a Temporary Resident Permit to enter Canada with a DUI.
Temporary Resident Permit (TRP)
A TRP is a permit that allows an individual to enter Canada, despite inadmissibility. If you have been convicted of a DUI, Canada entry is not possible until you have A) undergone the criminal rehabilitation process B) been deemed rehabilitated, or C) been issued a Temporary Resident Permit.
Port of Entry (POE)
A POE refers to any border crossing into Canada, whether land, air or sea. POEs are the customs checkpoints you see in airports, at land crossings, or at marina checkpoints. If you need entry to Canada with a DUI, you may be able to apply for a Temporary Resident Permit at a POE. It is important to consult a professional, or do your own proper research before attempting this.
Understanding U.S. Criminal Dispositions and What They Mean for Canada
When someone has a criminal history in the United States, Canadian immigration officers often look at the final outcome of the case, known as the disposition. Because every state uses slightly different legal language, these terms can be confusing. Below is a plain-English guide to the most common dispositions and what they generally mean when considering admissibility to Canada.
Case Did Not Lead to a Conviction
Acquittal – The judge or jury found the person not guilty after trial.
Dismissed – The charges were dropped, either by the prosecutor or the court, so no conviction was entered.
Nolle Prosequi (Nolle Pros) – Latin for “will not prosecute”; the state formally ended the case without a conviction.
Not Guilty – A straightforward ruling that the evidence was not enough to convict.
Conviction Was Entered
Convicted – The person was found guilty, either after a trial or by pleading guilty.
Plea Bargain – An agreement where the accused pleads guilty to a reduced charge; still results in a conviction.
Probation – The person avoids jail but is under court supervision. This usually follows a conviction.
Suspended Sentence – A jail term is ordered but not carried out if the person follows specific conditions.
Parole – Early release from prison under supervision; conviction remains on record.
Time Served – The sentence is considered complete with the time already spent in custody, but the conviction remains.
Fine – The court imposes a financial penalty instead of jail, but it is still tied to a conviction.
Special Court Outcomes
Deferred Adjudication / Diversion – The court delays entering a conviction. If all conditions (like counseling or community service) are completed, the charges may be reduced or dismissed.
Withheld Judgment / Withheld Adjudication – The court finds enough evidence for guilt but does not record a conviction if the person follows certain rules.
Conditional Discharge – No conviction is recorded as long as the person meets the conditions imposed.
Unconditional Discharge – The case ends without further punishment, though in some states this is still treated as a conviction.
Record Clean-Up
Vacated / Set Aside – A conviction is later overturned, often because of an appeal or procedural issue.
Expunged / Sealed – The record is hidden from public view or erased; in most states law enforcement can still access it.
Glossary of U.S. Drinking and Driving Terms
DUI (Driving Under the Influence) – The most widely used term in the U.S.; usually means driving with alcohol or drugs in your system above the legal limit.
DWI (Driving While Intoxicated / Driving While Impaired) – Common in some states; can mean alcohol or drug impairment. In certain states, “DWI” is more severe than “DUI.”
OUI (Operating Under the Influence) – Used in a few states; emphasizes that “operating” a vehicle while impaired counts, even if not driving.
OWI (Operating While Intoxicated / Impaired) – Similar to OUI, but more common in the Midwest.
OUII / OUID (Operating Under the Influence of Drugs) – Drug-specific variation found in some jurisdictions.
DWAI (Driving While Ability Impaired) – Used in New York and Colorado; often a lesser charge than DUI/DWI, typically involving a lower blood alcohol concentration.
OVI (Operating a Vehicle Impaired) – Ohio’s terminology, covering alcohol and drugs.
DUII (Driving Under the Influence of Intoxicants) – Oregon-specific term that includes alcohol, cannabis, and other controlled substances.
DUI-D / DUI Drugs – Variations that specifically refer to drug impairment.
State-by-State Terminology
Here’s a breakdown of the primary term each state uses for alcohol-related driving offenses:
DUI (most common): Alabama, Alaska, Arizona, Arkansas, California, Florida, Georgia, Idaho, Illinois, Kansas, Kentucky, Maryland, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Utah, Virginia, Washington, West Virginia, Wyoming.
DWI: Minnesota, Missouri, New Jersey, New York, North Carolina (uses both DUI and DWI, depending on severity), Texas.
OUI: Maine, Massachusetts, Rhode Island.
OWI: Indiana, Iowa, Michigan, Wisconsin.
DWAI: Colorado, New York.
OVI: Ohio.
DUII: Oregon.
Why the Differences Matter for Canada
Canadian border officers look at the substance of the offense, not just the name. Whether your record says DUI, DWI, OWI, or OUI, it is treated as a criminal offense under Canadian immigration law if it would be considered impaired driving in Canada. The exact terminology matters mainly for understanding your U.S. record — not for how Canada applies its inadmissibility rules.
Why This Matters for Canada
For immigration purposes, Canada is concerned with whether there is a conviction on record, not just the terminology used in U.S. courts. A charge that was dismissed, withdrawn, or resulted in an acquittal is generally not a problem. But if the disposition shows a conviction — even if the sentence was probation, a fine, or “time served” — it can make you inadmissible to Canada.
✨ Tip: If you are unsure how your U.S. court outcome will be viewed under Canadian law, speak with an immigration lawyer. The exact wording of your disposition can make a big difference in whether you’re allowed to enter Canada.
For questions about DUI Canada entry, or a free consultation with Canadian immigration lawyers click here.
FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.
