Huh? I’ve been fingerprinted twice. Once for security clearance at a military base (actually a non-security clearance, because I had to fill out the paperwork, but it was just for getting the ID) and for Global Entry. Which I would anyway use to get across the Canadian border in a car.
Friend of mine went across the border with friends and one of his friends had a DUI from 2000-2010. Friend was not allowed to cross. Of course they were getting a bit more attention as they were going into Canada for hunting and had their hunting rifles with them. They were prepared for bringing their rifles, and had all the necessary paperwork, but had no idea that a DUI would be a problem.
Slight hijack, but i wonder how this is treated in a case where something that is now legal in Canada, but is not (or formerly was not) legal in the US. If someone was busted for smoking marijuana 5 years back, for example, how would the Canadian border officials handle that?
On the fingerprinting: I’ve never been asked about that either - and I have been fingerprinted numerous times for work-related reasons.
It’s amazing to me that on here on this topic soo many people that have NO CLUE what they are talking about or only have experience that is over 2 years ago before Canada again CHANGED their LAWS on this topic.
If you google about it, you should find out more about it.
Before 9/11 US drunk drivers had no issues cause the countries didn’t share all the criminal records.
After 9/11 Canada made laws to stop US drunk drivers from entering the country if the “conviction date” was was within so many years (like 10?) .
Then a couple of years ago Canada changed their laws again to stop all US drunk drivers from entering regardless of when their conviction was.
There is still exceptions, for things like ill family member, or a funeral. You can get an application to fill out to request enter, and a non-refundable fee is to be paid. They may also have an emergency phone number you can call to ask for help in drastic measure. But even if they allow you enter, you will not be allowed to drive.
Now I’m like the rest of you and don’t have a clue what I’m talking about, so take all that with a grain of salt.
And one more thing. When crossing once, I was asked if I had ever been in court. Knowing they have all my records, I said “YES years ago for traffic court like a speed ticket”. And he then asked “how about drunk driving”, and I said “NO”. And that was the truth.
But it made me wonder, what if it was one of you drunks he asked it to?
I believe if you get caught lying to a border guard, they can really screw you from entering FOREVER. And there is no salt on that.
It’s also worth mentioning that COVID has added its wrinkle to all the other processes everyone has described. There’s now an app for that, called “arriveCan” that needs to be dealt with before arriving by air.
I do not know whether needing to use the app also applies to arrivals by boat or land vehicle.
The Canadian Border Patrol doesn’t make the laws, they just enforce them.
And I must say, they have always impressed me with their professionalism, not to mention they always look sharp and inshape in their clean uniform, unlike the USA Border Patrol who are always nasty even to Americans and they are normally fat slobs in wrinkly uniforms that aren’t even tucked in. .
The next time you are entering Canada and they wave you through, ask if you can stop in the building anyways to use the toilet and while in the building stop and ask one of the officers about this topic and they will gladly explain to you how it is all working nowadays.
It was a mistake on my part, as @Lord_Feldon has pointed out. Canada requires most foreigners who want to fly into Canada to either have a visa or, if they’re from a country on the Canadian visa waiver list (which includes, among other things, EU countries - hence it would apply to me), an ETA; this is analogous to the process for the United States (where the equivalent to the Canadian ETA is called ESTA). No ETA is required for immigration by land transport. I was, of course, certain that the USA would be on the Canadian visa waiver list, but I didn’t know that the waiver for the US was more far-reaching in the sense that Americans (unlike Europeans) are also exempted from the ETA requirement for immigration by plane.
@Ron, yes, many people here have no clue. That’s inherent in the nature of this board: That’s why people ask questions. Mocking people for not knowing the answers to their questions is antithetical to the purpose of this board. Cut the hostility, or your days here will be short.
It’s not that Canada prohibits entry “for Americans with DUI”. Canada prohibits entry for anyone, of any country, who have committed serious criminal offences.
The reason DUI keeps coming up in this type of discussion is that Canada considers that a serious criminal offence; the United States apparently does not, so it bites US citizens hard (and US citizens are the most likely to come to Canada, just because of proximity).
The US has its own peculiarities in immigration law (which includes non-immigrant activities like visiting), which many people, and particularly citizens who will never have to be confronted with them personally, may not realize. Including certain oddities relating to being convicted of a crime or having merely committed a crime (something which has come up in this thread as if it were somehow unique to Canada—it’s not).
Agreed - restricting access to the country based on past criminal offences is not unique to Canada. What’s different is that DUI is a serious criminal offence here, unlike in the US, and that creates a disconnect.
OK, so let me rephrase – Are there any countries that disallow entry based on DUI and/or based on a serious criminal offense, of which DUI would be one example?
Japan denies entry for felony convictions. Believe you get checked once you purchase a ticket. If you had a felony DUI that would count. I believe the EU has the same restriction.
Never heard of anyone being denied entry for misdemeanor arrest in either situation . Generally the discussions are about Canada since it is a felony in Canada.
In Canada a misdemeanour is like a traffic ticket and dealt with by province or municipality. All crimes are federal. Some are more serious than others. DUI is probably a hybrid offence where there are heavy maximal penalties. There are probably less serious minimum penalties. But you’d still be looking at years of not driving, exorbitant insurance, fines and possibly jail. I think it depends in part if damage was done. But all of the consequences are serious, and have been for at least thirty years or so.
(Please correct me if this is wrong. Just my impressions.)
I have found border officers in general to be reasonably polite and efficient. Never lied to one, but they generally were tolerant or imposed mildish penalties (where they also told me what they could have done) several times when I exceeded the limits and declared that. This is another situation, though. I would not mind seeing Canadian alcohol limits be further lowered. I’ve seen alcohol end up in the ER more times than I can easily count.
Just to be clear, this is a possible 10 year sentence for first time DUI, just over .08 BAC, nothing aggravating (an accident, an injury, a death, etc.). Some guy driving home from a bar with a bit too much to drink and he is pulled over and blows a 0.094 and is polite and cooperative, and not intoxicated by any traditional understanding of that word. He can get 10 years in a Canadian prison?
This is GQ…so…and I understand that you all are a sovereign country and can pass whatever laws you like, but I’ll just withhold my comment about the insane harshness or not of that potential penalty.
What is the typical outcome of a first time DUI conviction in Canada under the circumstances as I described?
A fine of at least $1000, and your license suspended for a year. The fine can go higher, depending on the level of intoxication–a level of 0.13 will attract a larger fine than 0.094, but that would be all for a first-timer. Well, a criminal record also, of course. Subsequent convictions would raise the possible punishment, but it would not be a ten-year sentence for a first conviction.
And then there are the provincial sanctions, which vary by province, but can involve your car being impounded for a period of days or weeks, at your expense (read: hundreds or thousands of dollars in storage fees), for blowing over 0.05. Here in Alberta, blowing 0.06 won’t attract federal criminal charges, but you’ll be relieved of your car for three to seven days. That can be appealed, of course.
Drinking and driving is taken extremely seriously here in Canada, as you can see.
But what you described is certainly harsh and far more harsh that in the US, but it is within the realm of reasonableness.
So why the need for a 10 year penalty on the books? It was 5 years which is in the same (still GQ) arguably to some as insanely harsh, but you all raised it to 10. Why?
Do you not have graduated recidivist laws? In my state, first time DUI is a rap on the knuckles, second is a baseball bat to the chest. Third time is prison, 2 to 5 years. Does Canada not have a recidivist treatment of DUI offenses?
No, the limit in Canada is 0.08. The level in Alberta is 0.05. Remember, that Canada has criminal offenses, while the provinces have provincial offenses. I realize that each state in the US has its own criminal code, which wraps up drunk driving into one single, neat ball; no need for the federal government–but here, the federal government can declare one level for drunk driving, while the provincial government can declare another. It’s possible to get hit both ways, both by the feds and the provinces, in Canada.
The ten-year penalty would be under Canada’s federal Criminal Code, for frequent recidivists in a short period of time. “You’ve had four DUIs in the last two years? You’re going away for ten years.” It’s a maximum, not a prescription, and it can be argued, at trial or on appeal, if the legal research indicates otherwise. Canada is a common-law country, after all, and precedent rules.