- Since December 2018 a single DWI can bar entry to Canada.
- Canadian law controls handled through Canadian immigration counsel.
- Check before you travel arrests and old offenses can matter.
Yes, it can. Canada can refuse entry to someone with a criminal record, and since Canada tightened its impaired-driving laws in December 2018, even a single DWI can make a U.S. citizen inadmissible - sometimes for life - regardless of how long ago it happened. This is Canadian immigration law, not Minnesota criminal law, so the details are handled through Canadian immigration counsel. But because it is one of the most common questions clients ask, here is the general landscape.
Canada treats impaired driving as serious criminality
In December 2018, Canada increased the maximum penalty for impaired driving to as much as ten years. Because Canada decides admissibility by asking what the equivalent Canadian offense would be, that change reclassified impaired driving as serious criminality. The practical effect: a single Minnesota DWI conviction can make you inadmissible, the automatic ten-year deemed-rehabilitation path generally no longer applies to post-2018 offenses, and even a DWI arrest, a pending charge, or a reduced alcohol-related plea can trigger scrutiny.
How you travel does not matter
Many people believe that if they are only a passenger, or plan to use taxis, rideshare, or public transit, a DWI will not matter. Under Canadian law, the method of travel has no effect on admissibility. A border officer cannot guarantee you will not drive, so the analysis is based on your record, not your travel plans.
It is not only DWI
Offenses such as assault or domestic violence, and drug offenses other than marijuana, can also make a U.S. citizen inadmissible, depending on the Canadian equivalent. Theft and fraud offenses can raise the same issue. If you have any criminal record and plan to travel to Canada, it is worth checking before you go.
How people become admissible
There are generally two paths, both decided by Canadian authorities: a Temporary Resident Permit (TRP), which is temporary permission to enter for a specific purpose, and Criminal Rehabilitation, a permanent solution generally available only after a set period since the sentence was completed. Both are discretionary, neither is guaranteed, and both are typically prepared with a Canadian immigration lawyer. Applying well ahead of travel is important; sorting it out at the border is risky.
What is at stake
- A single DWI can make you inadmissible to Canada, even an old one
- The automatic ten-year rehabilitation path generally does not apply to post-2018 impaired-driving offenses
- Arrests and pending charges, not just convictions, can trigger scrutiny at the border
- Other offenses - assault, domestic violence, drugs, theft, fraud - can also cause inadmissibility
What the defense examines
- Whether the offense was before or after December 18, 2018
- The Canadian equivalent of the U.S. charge
- Whether a Temporary Resident Permit or Criminal Rehabilitation applies
- How the Minnesota case is resolved, which can affect the collateral consequence
- That the decision rests with Canadian authorities, not a U.S. lawyer
Updated May 18, 2026 · Law verified as of May 18, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
Can I go to Canada with a DWI on my record?
Possibly, but not automatically. Since December 2018, Canada treats impaired driving as serious criminality, and a single DWI can make a U.S. citizen inadmissible - even an old one. You may need a Temporary Resident Permit or Criminal Rehabilitation, both handled through Canadian authorities. Check well before you travel.
Does it matter if I'm only a passenger and won't drive in Canada?
No. Under Canadian law, how you travel does not affect admissibility. Even if you use taxis, rideshare, or public transit, a DWI on your record can still result in a denial at the border.
What if my DWI was years ago?
It can still matter. For impaired-driving offenses after December 18, 2018, the automatic deemed-rehabilitated-after-ten-years path generally does not apply, so even an older single DWI can be an issue. Older pre-2018 offenses may be treated differently. A Canadian immigration lawyer can assess your specific situation.
Can other charges, not just DWI, affect entry to Canada?
Yes. Assault or domestic violence offenses, drug offenses other than marijuana, and theft or fraud offenses can also make someone inadmissible, depending on the Canadian equivalent. If you have any record and plan to travel, check before you go.
Can Keil Defense get me into Canada?
Keil Defense handles your Minnesota criminal case, not Canadian immigration. The way your criminal case is resolved can affect collateral consequences like this one, and Keil Defense can help you understand the issue and point you to qualified Canadian immigration counsel for the border question itself.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.