Legal Question in DUI Law in Illinois

DUI conviction and entering Canada

I have been convicted of a DUI in Illinois and I plan on going to Canada. I have heard of people with DUI convictions in the states being detained at the border and denied entrance into Canada. Please tell me that I will not have any problems.


Asked on 8/09/04, 8:09 pm

1 Answer from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: DUI conviction and entering Canada

Unfortunately, you�re probably going to have problems getting into Canada. I�m a criminal defense attorney who works 30 miles south of the US-Canada border, and I defend citizens accused of DUI.

Under the Immigration Act of Canada, anyone with a DUI conviction is viewed as a convicted felon. The exact term used to describe a DUI conviction, which is less than 5 years old, is �adjudicated felony� because Canada considers DUIs to be felonies. What you need to do is apply for an Inspector�s Permit to enter Canada or a Minister�s Certificate of Rehabilitation. Without either of these, if they learn of your conviction at the border, you could be barred to enter Canada indefinitely.

An inspector�s permit allows an adjudicated felon to enter one time and usually requires that you deposit collateral or a cash bond at the border to secure your entry. The Minister�s Certificate corrects the problem and changes your status back to cleared. The Minister�s Certificate is only available after 5 years of good behavior.

I recommend that you contact the Canadian Consulate in your area or search the web for Immigration Canada, which is the agency in Canada that handles these issues.

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Answered on 8/09/04, 9:46 pm


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