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San Diego DUI can deprive an entry to Canada

| Nov 15, 2014 | Firm News |

San Diego DUIs can have far reaching and unknown consequences.  A San Diego DUI comes with DUI classes, fines, potential custody time.  

San Diego also has a 5 years probation.  This 5 years probation is a longer term than DUIs in most other counties in California.   The longer probation can bring issues.  One of these issues os getting into Canada.   Canada is tough with people who have San Diego DUis.  

Below is details on the Canadien rules of entry for those who have DUIs.  There are ways to get in but they make it difficult and they have many hoops.

The key is to avoid a San Diego DUI if at all possible.  If so, get off probation as soon as possible and terminate probation.



Even lawyers have a hard time understanding all the nuances of Canada and DWI/DUI/OUI.

First off, there are two main types of DWI, DWI per se (requiring a BAC), and DWI common law (sans BAC). You can still be found guilty of DWI without a BAC number. Harder for the government to prove but still possible. DWAI is legally defined as “any extent of impairment”, it doesn’t need a BAC number either. Yes, a BAC makes it more likely to be found guilty, even low BACs, but all the government needs to prove is “any” impairment.

Canadian Law Made Simple for Non-Canadians

In Canada they have law that also states a common law DWI/OUI/DUI or DWAI:
section 253

Criminal Code of Canada

Impaired Driving Sections

Operation while impaired

253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (this is the Canadian “Common law” charge)

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. (this is the Canadian “per se” charge)

R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59.

This is how any DWI/OUI/DUI/DWAI is considered a “criminal” offense in Canada regardless of BAC numbers.

So you have TWO OPTIONS after a any DWI /OUI/ DUI or DWAI conviction:

OPTION ONE: Apply for an Approval of Rehabilitation at the Canadian Consulate or Embassy

You must show you are living a clean and stable life but unfortunately you can only apply after 5 years have passed since the date sentence was imposed and/or your period of probation has ended.

OPTION TWO: Obtain a Temporary Resident Permit, Go to:


You will need: 2 passport photos, a criminal clearance certificate, 3 letters of reference

NOTE: You will need to obtain a criminal clearance certificate from ALL police authorities from ALL countries you have lived since age 18.

To obtain a criminal clearance certificate in the United States:

1. You will need a set of fingerprints (go to a local police department or a regional DMV office)
2. A letter of request for a criminal background check with a check (go to FBI website for latest rates)
3. Send to:

FBI/Criminal Justice Information Services Division
Attn: Records Request
1000 Custer Hollow Road
Clarksburg, WV 26306

Canada does not automatically grant Temporary Resident Permits to anyone with a DWI or DWAI conviction. They (Canada) will weigh 4 main factors:

1. If the applicant has a reason to visit Canada beyond pleasure pursuits. ie. Relatives who reside in Canada that may be ill.
2. If the applicant has property interests in Canada or a business relationship in Canada
3. The nature of the applicant’s criminal offense in the States and it’s severity.
4. The time that has passed since the offense was committed.

OR Canada has a new one time exemption

Under the Tourism Facilitation Action Plan (the TFAP) , Americans with a single indictable (Canadian lingo) offence (NYS DWI or DWAI) in their criminal histories, for which they served less than six months in jail, are less likely to be turned back at the border.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected] 

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