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Jay M. Tiftickjian
Tiftickjian Law Firm, P.C.
600 S. Cherry St. #1105
Denver, CO 80246
Phone (303) 991-5896
Fax (303) 991-5897
Toll-Free 855-DUI-5280

Colorado Criminal Defense Lawyer

Oh No, Canada!

Volume 2, Issue 1 – Winter 2010
© 2010 Tiftickjian Law Firm, P.C.

Most people do not realize that an alcohol-related driving conviction, such as a DUI or DWAI, can have many collateral consequences. For example, travel to some foreign countries, such as Canada, may be barred following a DUI conviction.

It can be an extremely unpleasant surprise when a visitor to Canada is detained because a records check reveals them to be inadmissible based on a conviction for an alcohol-related traffic offense such as Driving Under the Influence (DUI), Driving While Intoxicated (DWI) Driving While Ability Impaired (DWAI) or Operating Under the Influence (OUI). It is irrelevant whether the prior offense occurred within Canada, in the United States, or elsewhere. A person who flies into Canada will be checked at the airport for admissibility, or at the border if driving into the country. If a background check reveals that an individual has a prior alcohol-related driving conviction, he or she will be deemed inadmissible and may be held in custody in Canada as an inadmissible foreign national. This could lead to deportation out of Canada and/or criminal proceedings being initiated in that country for illegal entry.

The exclusion of visitors to Canada is governed by the Immigration and Refugee Protection Act. This Act renders a person inadmissible to legally enter Canada if the person has previously been convicted of an offense the Act deems an “indictable offense.” This Act specifically includes convictions for dangerous driving and driving while under the influence of drugs or alcohol as offenses that would bar legal entry. Other offenses that are included in Canada’s Immigration Act are Driving Under Suspension or Leaving the Scene of an Accident. Issues can also arise if a person received a deferred judgment for a DUI or DWAI charge, or if a DUI or DWAI charge is dismissed for a guilty plea to a lesser, non-alcohol related offense such as Reckless Driving or Careless Driving. Because Canadian law specifically excludes persons convicted of “dangerous driving,” these offenses may also bar entry.

Depending on the nature of the offense, at least five years and as many as ten years must pass since the completion of the sentence imposed in order for a person to be deemed “rehabilitated.” Whether a person has one or more criminal convictions will also be considered in determining whether to approve a visitor for entry.

In general, a person who has been convicted of a single alcohol-related driving offense may be considered “rehabilitated” after ten years has passed from the end of the person’s sentence. Therefore, if a person is convicted of DUI on June 1, 2007, and on that same date was sentenced to two years of probation, they would be eligible for “rehabilitation” on April 30, 2019, ten years from the end of the court’s probation term. Multiple prior offenses may bar the person from ever being deemed “rehabilitated” for purposes of entry.

If a person wishes to visit Canada prior to the expiration of this five-year period, they can apply for a Temporary Resident Permit. This permit would allow a person to visit Canada for up to six months. Such a request can take up to six months to process. Applications for entry may be found at Canada’s Citizenship and Immigration website at http://www.cic.gc.ca/english/index.asp.

If a person with a prior alcohol-related driving offense wishes to visit Canada for business or pleasure in the near future, it is advisable to seek the advice of Canadian immigration counsel.

The following references were consulted in the writing of this newsletter: Citizenship and Immigration Canada website at www.cic.gc.ce; In and Out of Canada by Wayne R. Foote; and Entering Canada with a New York State DWI Conviction by Michael Taheri and James Orr.

This newsletter does not provide specific legal advice. If you require legal advice or assistance, you should seek the services of a competent criminal attorney. © 2009 The Tiftickjian Law Firm, P.C.

 

Tiftickjian Law Firm, P.C. provides DUI defense and criminal defense representation in Colorado including Adams County, Arapahoe County, Boulder County, Broomfield County, Douglas County, Jefferson County and Colorado’s mountain communities. Our criminal and DUI defense law practice also includes Arvada, Aspen, Aurora, Bennett, Boulder, Bow Mar, Breckenridge, Brighton, Broomfield, Castle Pines North, Castle Rock, Centennial, Central City, Clear Creek County, the Denver Tech Center, Eagle County, Edgewater, El Paso County, Englewood, Erie, Estes Park, Federal Heights, Fort Collins, Fredrick, Frisco, Grand County, Greeley, Greenwood Village, Highlands Ranch, Lafayette, Lakewood, Larimer, Littleton, Lone Tree, Longmont, Louisville, Morrison, Northglenn, Parker, Pitkin County, Golden, Silverthorne, Summit County, Superior, Thornton, Vail, Westminster, Wheat Ridge, Winter Park and across the Front Range. If you have been charged with a criminal, DUI or traffic offense in Colorado, contact Tiftickjian Law Firm, P.C. for a complimentary consultation with an experienced Denver DUI attorney or Colorado criminal defense lawyer.

Our law offices are located at 600 S. Cherry Street, Suite 1105, Denver, CO 80246
Phone: (303) 991-5896

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