DWAI/Crossing Canadian border

So for my birthday my girlfriend got us tickets to go see a concert in Toronto, reserved a B&B, all that jazz. Unfortunately, being a woman, she forgot to think things through before she went and spent all her spare cash on this romantic weekend get-a-way.

She was convicted of a DWAI about 3 years ago, and I’m afraid she won’t be allowed to cross the border. I’ve done as much googling as possible, and read up on all the threads here on NYSPEED. The general consensus is no, but I was curious if anyone has any experience with this. She will not be driving, nor will it be her vehicle (My truck…title in my name, registered, insured all my name). I have an enhanced license but she has a passport (not that that will really matter, I assume).

I plan on trying to make some phone calls this week to the Canadian Border but figured I’d see if anyone had some input. What happens if the deny her entry, will they just politely turn us around? I figure we will more than likely at least try, since everything has been paid for already (unless there is a real possibility of us being cavity searched/car impounded/arrested)

ANY input is greatly appreciated!

pm’d

pm’d.

whats a dwai?

driving with ability impaired

a plea bargain from a dwi

I don’t believe it was pleated down from a DWI, DWAI was the original charge. She believes it is only a traffic infraction, not a misd. or felony, so I’m not sure if that makes a difference…

I don’t think a dwai will make that much of a problem, I was charged with dangerous driving which is a criminal offence in Canada, I did get it lowered to a careless driving which is a traffic offence and I can still cross the border no problem

I obviously can’t speak for customs, however if it was not a criminal misdemeanor, just traffic, she should be good to go… Atleast based on my experiences.

you could call the canadian border and ask

Yeah, no, even if she’s in your car, they will check her id and when it runs through she will be asked to step out of the car and have a seat over there.

OBV don’t offer up any information if not asked first and see what happens. I’d call the border first and ask as well.

This.

http://www.cbsa-asfc.gc.ca/contact/listing/offices/office1022-e.html

Oh.
For those too lazy to grab a phone.

Introduction
As explained in our article on Canadian Grounds of Inadmissibility, Section 36(2) of the Immigration and Refugee Protection Act (“IRPA”) renders a foreign national inadmissible to Canada on the grounds of criminality for:

Having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

Having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

Many people do not realize that impaired driving convictions (also sometimes referred to as driving while intoxicated (DWI), driving while impaired (DWI), or driving under the influence (DUI)) can render a foreign national inadmissible to Canada. A detailed explanation of why impaired driving results in inadmissibility to Canada appears below.

Application of Canadian Law
Where a foreign national is convicted of impaired driving while in Canada, the punishment described in the Canadian Criminal Code (“CCC”), R.S.C. 1985, c. C-46 is considered when making a determination of inadmissibility under IRPA 36(2). However, the CCC is also considered in cases involving foreign convictions.

In order for a foreign conviction to result in inadmissibility, it must first be found to be the equivalent of an offence in Canada. Once the Canadian equivalent of the foreign offence has been identified, the Canadian equivalent must fall within the parameters of IRPA 36(2) to result in inadmissibility.

The Offence According to CCC 253(1), 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,

While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

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.

The Punishment
According to CCC 255(1), every one who commits an offence under CCC 253 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

Whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

For a first offence, to a fine of not less than $1,000,

For a second offence, to imprisonment for not less than 30 days, and

For each subsequent offence, to imprisonment for not less than 120 days;

Where the offence is prosecuted by indictment (roughly the equivalent of a felony in the United States), to imprisonment for a term not exceeding five years; and

If the offence is punishable on summary conviction (roughly the equivalent of a misdemeanor in the United States), to imprisonment for a term of not more than 18 months.

Application of CCC 253(1) to Inadmissibility Issues
Clearly, CCC 253(1) is a hybrid offence. In other words, the Crown Attorney (the Canadian equivalent of a U.S. District Attorney) may elect to proceed either by indictment or summarily. If the Crown elects to proceed by indictment, the maximum term of imprisonment is five years. However, if the Crown elects to proceed summarily, the maximum term of imprisonment is only 18 months.

Based on the above, a lay person might conclude that only impaired driving convictions prosecuted by indictment will result in inadmissibility under IRPR 36(2). Unfortunately, IRPR 36(3) states that an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily. So even a foreign impaired driving conviction that would equivalent to a summary conviction offence under CCC 253(1) will be deemed to have a maximum term of imprisonment of five years, for the purposes of IRPR 36(2).

Relief from Inadmissibility
Foreign nationals convicted of a criminal offense in Canada must seek a Canadian pardon before they will be entitled to enter Canada.

Foreign nationals who are inadmissible to Canada because of a foreign conviction may apply for a rehabilitation (i.e. a permanent waiver) after five years. Foreign nationals convicted of a single minor offence outside of Canada (such as one foreign impaired driving conviction) may also be eligible for deemed rehabilitation after a period of ten years has elapsed.

Finally, where an inadmissible foreign national has a compelling reason to enter Canada on a temporary basis, it is possible to seek a temporary resident permit. If granted, this will temporarily waive the ground of inadmissibility and allow the foreign national to enter Canada as a temporary resident (nonimmigrant).

I called and spoke with someone Monday, he said that it would be the officers discreation.

ouch. bring him some chocolates. good luck.

don’t listen to minglor, he doesn’t know shit. :wink: (kidding of course)

I personally crossed with a guy who got a DWI in the states and it was his second time trying to cross into Canada and getting caught (dumbass) and they told him they could hold him there for quite some time and fine him if they wanted.

http://images.tvrage.com/shows/2/1674.jpg

Have her wear something low cut and don’t have her be afraid to lean in a way that the inspector gets a nice eye full o’ tit

Just got back! Had an AWESOME trip!

They gave us no problems at all, crossed in all of 30 Seconds.

Lol shows how strict are border guards are, “eh your here to see a concert? Have a great time”