Entering the US with an impaired driving conviction

An impaired driving conviction can impact your life in many ways. It can affect your employability, hike up your insurance premiums and, in some cases, lead to a driving prohibition. Entering the US with an impaired driving conviction can also be complicated.

This blog will explore how an impaired driving charge or conviction can affect your ability to travel to the States from Canada.

Is entering the US with an impaired driving conviction possible?

You will not be denied entry if you have one impaired driving offence on your record.

“Granting entry to the country is at the border official’s discretion.”

According to the US Customs and Border Protection website a single impaired conviction is not grounds to deny entry into the US. Granting entry to the country is at the border official’s discretion.

Having multiple impaired driving convictions, however, or one impaired driving conviction in combination with other offences can render you inadmissible. Border officials want to allow only law-abiding people into the country and if you have multiple convictions, it may be a sign you do not fall into this category.

So what do you do if you have multiple impaired driving convictions and you are worried about crossing the US border?

Applying for a waiver to enter the US with an impaired driving conviction

If you have multiple impaired driving convictions on your criminal record or any criminal offences you might want to consider applying for a US Entry Waiver. You can apply directly to the Customs and Border Protection (CBP) for a waiver but it is wise to do so well before you plan to travel. The waiver application process can take up to a year.

Canadian Citizens can file an application in person at a designated land border port of entry. It is recommended you hire a lawyer to help with your application. A waiver application costs US$585 regardless of whether you are successful or not.

Clean up your driving record

If you an impaired driving conviction or a pending charge is preventing you from entering the US, do not fear. You have the right to appeal or defend a charge. Consequently, the charge will be wiped from your criminal record if you are successful. We recommend hiring a lawyer.

If you have a criminal offence in your past you may be eligible to apply for a record suspension. A record suspension can prevent an impaired driving conviction from appearing on your record. You must have completed your sentence and demonstrate good conduct since committing the offence. You must wait a certain amount of time after your sentence is complete before you can apply. The waiting period is five years for a summary offence or 10 years for an indictable offence, for instance.

Can I be denied entry for having an IRP? 

British Columbia has the immediate roadside prohibition (IRP) scheme. Blowing a “Fail” on an approved screening device can result in an IRP. Similarly, a police officer can issue an IRP if you fail a standard field sobriety test.

An IRP is similar to a criminal impaired driving offence. Having care and control of a vehicle while impaired by alcohol or a drug, also known as driving under the influence (DUI), is a criminal offence. The big difference between an IRP and an impaired driving conviction is that the IRP does not have a criminal trial and, therefore, will not appear on your record.

You will, therefore, not be denied entry for having one or more IRPs.

*Disclaimer. If you are concerned about entering the US with an impaired driving conviction you should retain a US lawyer. Only a US lawyer can help with this. Acumen Law Corporation may be able to put you in contact with a lawyer in the States who can help. Give us a call.