Yes, you can go to Canada with a DWAI, but not without preparation. A single DWAI conviction almost always makes you inadmissible to Canada because Canadian immigration law treats impaired driving as a serious crime, regardless of how your state classifies the offense. To cross the border, you generally need either a Temporary Resident Permit for a specific trip or Criminal Rehabilitation for a permanent fix. Showing up and hoping for the best is not a plan.
Why a DWAI Blocks Entry to Canada
Canada applies its own criminal law when deciding whether a foreign conviction makes someone inadmissible. It doesn’t matter that New York treats a first alcohol-related DWAI as a traffic infraction, or that Colorado ranks it below a full DUI. What matters is the Canadian equivalent.
Under the Immigration and Refugee Protection Act, a foreign national is inadmissible if their conviction matches an indictable offense in Canada. Any offense that can be prosecuted either summarily or by indictment counts as indictable for immigration purposes.1Justice Laws Website. Immigration and Refugee Protection Act – Section 36 A DWAI lines up with Canada’s “operation while impaired” offense under section 320.14 of the Criminal Code, which reaches driving with ability impaired to any degree by alcohol, drugs, or a combination.2Justice Laws Website. Criminal Code RSC 1985 c C-46 – Section 320.14
Since December 18, 2018, when Bill C-46 rewrote Canada’s impaired driving laws, the maximum sentence for that offense rose from five years to ten.3Department of Justice Canada. Report by the Minister of Justice on Bill C-46 That ten-year ceiling puts impaired driving into the “serious criminality” bucket, which carries the harshest inadmissibility consequences and the fewest automatic exits.1Justice Laws Website. Immigration and Refugee Protection Act – Section 36
What Happens When You Try to Cross
Canadian border officers can pull your record from the FBI’s National Crime Information Center database in real time. Scan your passport, run the query, see the DWAI. If it surfaces and qualifies as serious criminality, you are refused entry. There is no talking around it.
The same rules apply at land crossings and at airports. Even a layover in a Canadian airport on the way somewhere else requires clearing Canadian immigration, so a DWAI can wreck travel that has nothing to do with visiting Canada.
Getting In With a Temporary Resident Permit
A Temporary Resident Permit is the fastest way in. It doesn’t erase your inadmissibility. It sets it aside for a specific trip or period, and can be valid for up to three years, though officers often issue shorter permits tied to a particular visit.4Government of Canada. Guide 5554 – Applying to Stay in Canada Longer as a Temporary Resident Permit Holder
Approval is discretionary. An officer weighs your reason for traveling against any perceived risk. Business meetings with Canadian clients, a funeral, a wedding, visiting a seriously ill relative, or work-related travel all carry weight. A vacation on its own usually doesn’t. The more specific and documented your purpose, the better your odds.
You can apply two ways. At the border, you make your case to the officer on arrival. It’s faster but riskier, because a “no” sends you home immediately. Applying in advance at a Canadian consulate lets you submit a full package, including court records and proof your sentence is complete, and is the safer route when you have time.
The non-refundable processing fee is $246.25 CAD per person.5Immigration, Refugees and Citizenship Canada. Citizenship and Immigration Application Fees – Fee List Paying it guarantees nothing. A TRP is a favor, not a right.6Government of Canada. Convicted of Driving While Impaired
Clearing the Bar Permanently With Criminal Rehabilitation
Criminal Rehabilitation is the permanent fix. Once approved, the inadmissibility tied to your DWAI is gone for all future travel, and you no longer need a TRP or any other special permission to enter.
The key eligibility rule is timing. At least five years must have passed since you fully finished every part of your sentence. All fines paid, probation completed, community service done, every court-ordered condition satisfied. The five-year clock starts on the day the last obligation was met, not on the conviction date.6Government of Canada. Convicted of Driving While Impaired Apply early and the application is rejected.
You file with a Canadian consulate, not at a port of entry. Because impaired driving falls into serious criminality, the fee is $1,231.00 CAD.5Immigration, Refugees and Citizenship Canada. Citizenship and Immigration Application Fees – Fee List Processing typically runs over a year.7Immigration, Refugees and Citizenship Canada. How Long Will It Take to Get a Decision on My Individual Rehabilitation Application Many people apply for a TRP to handle travel needs while a rehabilitation application is pending.
The Narrow Exception for Pre-2018 Offenses
If your DWAI is for conduct that happened before December 18, 2018, Canada evaluates your admissibility using the penalties that were in effect at the time. Before Bill C-46, impaired driving carried a five-year maximum, which placed it in the regular “criminality” category rather than serious criminality.6Government of Canada. Convicted of Driving While Impaired
That opens up deemed rehabilitation, an automatic clearing of inadmissibility that kicks in ten years after you completed your entire sentence, but only for offenses whose Canadian equivalent carries a maximum of less than ten years.8Canada.ca. Deemed Rehabilitation For any DWAI mapped to the post-2018 version of the Canadian offense, deemed rehabilitation is off the table. You cannot wait it out.
Even with a qualifying pre-2018 offense, a border officer makes the final call, so carry documentation of your record and completion dates.
Drug-Impaired DWAI, Including Cannabis
Canada’s impaired driving framework covers drugs the same way it covers alcohol. A DWAI involving cannabis triggers the same inadmissibility problem as an alcohol-related one, even if you were in a state where recreational cannabis is legal.6Government of Canada. Convicted of Driving While Impaired Canada legalized cannabis in 2018, but the legality of the substance is separate from the illegality of driving under its influence. The Criminal Code sets specific blood-concentration limits for THC and treats exceeding them like exceeding the blood-alcohol limit.9Department of Justice Canada. Impaired Driving Laws
The TRP and Criminal Rehabilitation pathways apply the same way whether the substance was alcohol, cannabis, or another drug.
Does an Expungement or Sealed Record Help?
Not automatically. Canada does not automatically recognize a foreign pardon, record suspension, or expungement. The official guidance from Immigration, Refugees and Citizenship Canada tells anyone with a foreign record suspension to check with the visa office serving their region to see whether it will be recognized.10Government of Canada. Overcome Criminal Convictions
Canadian courts have generally required that the foreign legal system be similar to Canada’s, that the specific pardon law be comparable to Canadian law, and that no reason exists to refuse recognition. A state-level expungement that simply hides a record from public view, rather than vacating the conviction on the merits, is unlikely to clear that bar. If your record has been expunged, pursuing Criminal Rehabilitation or a TRP remains the safer course.
Effect on NEXUS and Global Entry
A DWAI reaches beyond a single trip. NEXUS, jointly run by the U.S. and Canada, lists conviction for any criminal offense, including driving under the influence, as disqualifying. Both countries must approve the application, and a conviction that triggers Canadian inadmissibility will block the Canadian side.11U.S. Customs and Border Protection. NEXUS Eligibility
Global Entry membership can be revoked or denied for the same reason. If you already hold a card when you are convicted, expect it to be revoked. Getting Criminal Rehabilitation may help your eligibility later, but the trusted traveler programs set their own standards and approval is never guaranteed.