New Hampshire DWI Blog

??Did you know that a DWI conviction in the United States can interfere with international travel?? Canada treats DWI convictions as grounds for exclusion.? This is the official Canadian position, from the website of the Canadian Embassy:

Members of Inadmissible Classes include those who have been convicted of MINOR OFFENCES (including shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc.), or of INDICTABLE CRIMINAL OFFENCES (including assault with a deadly weapon, manslaughter, etc.). As well, those who have been convicted of DRIVING WHILE INTOXICATED (DWI) are considered Members of an Inadmissible Class. Driving while under the influence of alcohol is regarded as an extremely serious offence in Canada.

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Those who have been convicted of an offence OUTSIDE CANADA, and have had 5 years elapse since the termination of the custodial portion (if any) of the sentence imposed (not the sentence served), may apply for a Minister’s APPROVAL OF REHABILITATION. The Minister’s Approval will permanently remove the inadmissibility caused by conviction.If less than 5 years have elapsed, or if persons are only seeking entry to Canada for a single or limited period, then they may apply for a TEMPORARY RESIDENT PERMIT.????

Apparently, this has been the law in Canada for quite some time, but it is being more vigorously enforced these days because the Canadian border authorities now have immediate access to most U.S. criminal record abstracts.? Here’s what you need to do if you want to visit Canada and you have been convicted of a DWI: Persons may apply for a Temporary Resident Permit, Approval of Rehabilitation, or Permission to Return to Canada either in Canada or at one these CANADIAN VISA OFFICES IN THE UNITED STATES:

• The Canadian Consulate General in BUFFALO, NY
• The Canadian Consulate General in NEW YORK, NY
• The Canadian Consulate General in DETROIT, MI
• The Canadian Consulate General in LOS ANGELES, CA
• The Canadian Consulate General in SEATTLE, WA

DOCUMENTATION THAT MAY BE REQUIRED BY A CANADIAN VISA OFFICE TO PROCESS TEMPORARY RESIDENT PERMIT OR APPROVAL OF REHABILITATION APPLICATIONS:

• POLICE CERTIFICATES from the jurisdictions where the applicant has lived since his/her 18 birthday (or for the last 10 years).
• THE APPLICANT’S OWN STATEMENT OF CIRCUMSTANCES leading up to his/her conviction.
• COURT RECORDS relating to the applicant’s conviction(s).
• REPORTS OF PROBATION OR PAROLE OFFICERS.
• A COPY OF THE STATUTE under which the applicant was convicted.
• THREE LETTERS FROM PERSONS OF STANDING IN THE COMMUNITY who know the applicant personally, and who can attest to the applicant’s rehabilitation.

The Canadian Embassy’s website makes no distinction between misdemeanor (and felony) DWIs, on the one hand, and violation?DWIs on the other hand, which are recorded as non-criminal offenses.? Under present New Hampshire law,?even a DWI, First Offense is a Class B Misdemeanor, but the convicted driver may petition the court to reduce the offense level to a violation after one year.? While I don’t know for sure, it seems unlikely that a post-arrest reduction in offense level will change one’s status with the Canadian authorities.? However, it can’t possibly hurt when it comes to applying for either a temporary permit to enter the country or a certificate of rehabilitation.