Canada

Can I be denied entry to Canada because of a previous DUI conviction?

10 years
Typical rehab period
Criminal inadmi
Legal ground
DUI = indictabl
Under IRPA
Permanent bar
If unaddressed
The Short Answer

Yes, a prior DUI conviction can make you inadmissible to Canada under criminal inadmissibility rules — even if it’s considered a misdemeanor or was dismissed in your home country.

What the Law Says

While the question references s. 34 (Security inadmissibility), DUI-related inadmissibility actually falls under criminal inadmissibility — specifically section 36 of the Immigration and Refugee Protection Act (IRPA). A single DUI is treated as an offence punishable by up to 10 years imprisonment in Canada, making it 'serious criminality' or 'criminality' depending on circumstances — and therefore grounds for denial of entry.

Under Canadian immigration law, foreign nationals with certain criminal convictions — including DUI (driving under the influence) — may be deemed 'criminally inadmissible' to Canada, even if the offence occurred decades ago or was minor in their home country.

Canada treats most DUI offences as equivalent to an indictable offence under the Criminal Code — regardless of how the conviction was classified abroad. That means a single DUI can trigger inadmissibility under IRPA s. 36(1)(a) or (b), not s. 34.

The IRPA does not list DUI explicitly, but courts and immigration officers assess foreign convictions by comparing them to Canadian law. Since impaired driving under s. 320.14 of the Criminal Code is an indictable offence punishable by up to 10 years, a foreign DUI is almost always matched to that standard.

Statutory Text

A permanent resident or foreign national is inadmissible on security grounds.

Immigration and Refugee Protection Act, s. 34 — Security inadmissibility

What to Do

1

Determine if your DUI conviction makes you inadmissible by comparing it to Canadian law (e.g., was it punishable by >10 years? Likely yes).

2

Apply for Criminal Rehabilitation (if 5+ years have passed since sentence completion) or a Temporary Resident Permit (TRP) for urgent travel.

3

Gather certified court documents, police certificates, and evidence of rehabilitation (e.g., letters, treatment records, stable employment).

4

Submit application well in advance of travel — processing can take 6–12 months for Criminal Rehabilitation.

5

Consult an immigration lawyer before attempting entry — being denied at the border can lead to future complications.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.