Travel Restrictions & Collateral Consequences of a Michigan OWI and OWVI Conviction
It may come as a shock, but if you have a Michigan DUI conviction, it can be difficult or even impossible to legally enter Canada! Following a drunk driving conviction, you are no longer deemed to be admissible, and you will be turned away at the border. This remains true even if you own property in Canada or have important business.
Following a Michigan DUI conviction, you must seek permission to enter Canada legally, and you must apply and be approved by Canadian authorities, which can be a difficult and complex process. There are two ways to overcome criminal inadmissibility to Canada due to a Michigan DUI or impaired conviction: a Temporary Resident Permit (TRP) and Criminal Rehabilitation (CR). A Temporary Resident Permit allows you to enter or stay in Canada for a certain amount of time if you have a valid reason to visit. It can be valid for multiple visits for up to three years, but it takes time to obtain and should be applied for in advance of your intended travel date. Criminal Rehabilitation involves petitioning Canadian immigration authorities to forgive your prior DUI conviction permanently. To be eligible for Criminal Rehabilitation, five years must have passed since the sentence was fully completed, including any fines, community service, classes, probation, or other conditions imposed by the court. Criminal Rehabilitation provides a fresh start and allows you to enter Canada freely again, without the need for renewal. If you only have one conviction that is not considered serious in Canada and enough time has passed since the sentence was completed, you may be "deemed rehabilitated" and granted entry into the country. However, this policy changed in December 2018, and drunk driving convictions are now considered serious crimes in Canada. A single drunk driving conviction can now result in being denied entry to Canada, even if it happened more than ten years ago. If your offense occurred before December 2018 and more than ten years have passed, it may be possible to claim that you are deemed rehabilitated, but you should consult with a Canadian immigration lawyer to determine your eligibility. If you have two or more drunk driving violations or other criminal convictions on your record, you may be permanently refused entry into Canada and might be denied a Temporary Resident Permit or Criminal Rehabilitation.