Crossing into Canada on Motorcycle had DUI 2011 (2018)

[jules54]

We are heading east this summer and would like some advice on crossing into Canada on our Motorcycle.
Hubby had a DUI in 2011 7 years ago. He has done quite a bit of research trying to figure out the policy for border crossings. Most of our friends that live in Canada say just cross and take your chances.

The paperwork to get a temporary waiver is both expensive and complicated. I can cross without any problem and did on my own last year. Hubby is the problem.

I'm not asking for legal advice. Mostly for personal experiences and information.

Do they ask to see both passport and drivers license at the border? I can't remember. He has a conceal/carry permit. Do worries guns will stay home this trip.

Thanks

 

[silentg]

I’m confused...does it show on his license that he had a DUI? What is the penalty after 7 years? Has your husband had a good driving record since? Hopefully you will be able to travel to Canada. Let us know how it goes?
Silentg

 

[Passepartout]

It seems to be up to the interviewing Canadian official at the port of entry. This has nothing to do with whether or not he can drive, it's simply about ENTRY. I was not aware of this. In an earlier incarnation, I was a commercial driver and our company had hired some drivers with DUI's, and they were not allowed to go to Canada. A waiver can be obtained, but as the OP said, it's difficult and expensive.

Jim

 

[bizaro86]

The concealed carry permit makes them more likely to flag you for special screening, which makes it more likely they'll notice the DUI.

My brother (former CBSA officer) often had stories about Americans who insisted they had a constitutional right to carry guns, and seemed to feel that right extended into other countries. Thus, they check folks with permits more carefully.

 

[CanuckTravlr]

The issue is not whether you have a valid driver's licence. Only a passport is required to enter Canada. But they can cross-check the name against police databases.

DUI is considered a more serious offence in Canada than it often is in the USA. Even a minor DUI is considered a criminal offence under the Criminal Code of Canada. We have a single national criminal code, unlike the US dual system of both federal and state criminal offences. If the question comes up, the Canadian customs officer generally has access to both Canadian and US offence databases, just as US customs officers do. The police databases are shared. If they become aware of the offence, then they will try to equate it to the equivalent offence in Canada. Normally at least 10 years must have passed as a minimum for "rehabilitation" to apply, which is not the case here.

You can try to enter and hope no one asks the question or checks the database. But be prepared to be turned back and have an alternative plan, so that your vacation is not completely ruined. If they do ask the question, do not lie. That could get your hubby a permanent ban.

The proper way is to formally apply for the temporary waiver, even though it is time-consuming and expensive. However, there is no guarantee that the waiver will be granted. There is also no guarantee that one will be issued at the border, if the offence becomes known.

 

[bbodb1]

The concealed carry permit makes them more likely to flag you for special screening, which makes it more likely they'll notice the DUI.

My brother (former CBSA officer) often had stories about Americans who insisted they had a constitutional right to carry guns, and seemed to feel that right extended into other countries. Thus, they check folks with permits more carefully.

I am curious about the following: are you suggesting the Canadian authorities have access to a list of those Americans who possess CC permits?
We're flying into Canada and I do have a CC permit BUT I am not even interested in trying to wade through the issue to determine the process for carrying a concealed weapon into Canada - I'm not going to carry because this is a vacation. BUT (and back to my question) is the fact I have a CC permit a fact that is available to the Canadian authorities?

 

[bizaro86]

I am curious about the following: are you suggesting the Canadian authorities have access to a list of those Americans who possess CC permits?
We're flying into Canada and I do have a CC permit BUT I am not even interested in trying to wade through the issue to determine the process for carrying a concealed weapon into Canada - I'm not going to carry because this is a vacation. BUT (and back to my question) is the fact I have a CC permit a fact that is available to the Canadian authorities?

There isn't a process for you to carry a concealed handgun in Canada, it is just straight up not allowed.

Yes, I think CBSA will have access to the fact that you have a concealed carry permit. It comes up more often at land crossings, simply because most people are aware they can't take a gun on a plane, even if they don't know they can't take it into Canada.

 

[Passepartout]

Yes, I think CBSA will have access to the fact that you have a concealed carry permit. It comes up more often at land crossings, simply because most people are aware they can't take a gun on a plane, even if they don't know they can't take it into Canada.

Back in the day, I was crossing (in a big truck) into Canada and simply by virtue of my carrying an Idaho driver's license, and many people here own firearms, I was questioned extensively and my truck was searched by people and dogs before I was allowed to continue on and make my delivery in Canada. There is no doubt that CBSA will have access to 'concealed carry' license information.

Jim

 

[klpca]

I knew that I had read something on this issue awhile ago. Found the thread I was thinking about - on Cruisecritic. It seems to have some helpful information including phone numbers to call. https://boards.cruisecritic.com/showthread.php?t=2025307

 

[bbodb1]

...Yes, I think CBSA will have access to the fact that you have a concealed carry permit. It comes up more often at land crossings, simply because most people are aware they can't take a gun on a plane, even if they don't know they can't take it into Canada.

Back in the day, I was crossing (in a big truck) into Canada and simply by virtue of my carrying an Idaho driver's license, and many people here own firearms, I was questioned extensively and my truck was searched by people and dogs before I was allowed to continue on and make my delivery in Canada. There is no doubt that CBSA will have access to 'concealed carry' license information.

Jim

Thanks to both of you for your insights. With those in mind, let me ask this follow up question.

As stated above, I have a CC permit. In the state I live, if I am NOT carrying concealed weapon, I do NOT need to have the permit on me and I do NOT need to produce the permit if I were stopped by the police. In other words, the permit is on me IF I am carrying.

Building on what you said above, if the Canadian authorities have access to the fact I am a CC permit holder, BUT I am not (and will not) be carrying any concealed weapons into Canada and back into the U.S., should I carry the permit? In other words, since the authorities are aware that I hold a CC permit, might they ask for this permit even though I would not be carrying a weapon?

 

[Passepartout]

Building on what you said above, if the Canadian authorities have access to the fact I am a CC permit holder, BUT I am not (and will not) be carrying any concealed weapons into Canada and back into the U.S., should I carry the permit? In other words, since the authorities are aware that I hold a CC permit, might they ask for this permit even though I would not be carrying a weapon?

I don't know. I looked through CBSA's site and did a search. The answer wasn't clear to me. I'd think that logically it wouldn't make sense to carry the permit without carrying anything requiring permitting. But then, how big is the permit? If it's a single sheet of paper or a card, how much hassle is it to have (or have a copy of) in your suitcase, carry-on, or in your wallet?

It sort of falls into the category of stuff that one MIGHT be asked for when traveling, but usually wouldn't be. Like a Marriage license, or DD-214, or professional license (if you're a doc, lawyer, or CPA) that just wouldn't be asked for under 'normal' circumstances.

 

[dreamin]

I agree with CanuckTravlr's good advice. Technically he is inadmissible to Canada. He is deemed "rehabilitated" after 10 years have passed and no further convictions. The 10 years begins after any probation is served, if that applies in his case. A temporary resident permit can be issued at the border for a $200 fee but it is not normally issued for vacation purposes. It is most often used to attend a funeral or to musicians performing at a concert, for example. Here is a link to the CBSA website that gives this information:

https://www.canada.ca/en/immigratio...issibility/overcome-criminal-convictions.html

Here are 2 phone numbers where you can speak to an agent: 1-204-983-3500 or 1-506-636-5064

I would have a back-up vacation plan should he not be allowed into Canada. Please report back about your personal experience at the border this summer.

 

[bbodb1]

I don't know. I looked through CBSA's site and did a search. The answer wasn't clear to me. I'd think that logically it wouldn't make sense to carry the permit without carrying anything requiring permitting. But then, how big is the permit? If it's a single sheet of paper or a card, how much hassle is it to have (or have a copy of) in your suitcase, carry-on, or in your wallet?

It sort of falls into the category of stuff that one MIGHT be asked for when traveling, but usually wouldn't be. Like a Marriage license, or DD-214, or professional license (if you're a doc, lawyer, or CPA) that just wouldn't be asked for under 'normal' circumstances.

The permit is another laminated card, similar to a driver's license. No big deal to carry the permit, so I will do so. My concern was more along the line of will the fact I am CC permitted cause CBSA to ask me to produce the permit even if I am not carrying - which I won't be.

Thanks for your efforts on this, Passepartout.

 

[am1]

Hopefully it goes without saying but please do not let him drink and drive while visiting Canada.

 

[CanuckTravlr]

bbodb1:

"The permit is another laminated card, similar to a driver's license. No big deal to carry the permit, so I will do so. My concern was more along the line of will the fact I am CC permitted cause CBSA to ask me to produce the permit even if I am not carrying - which I won't be."


The CC permit is a moot issue. Bring it with you if it makes you feel more comfortable, since it takes up no space. Since you cannot carry a concealed weapon in Canada they will not be interested in you producing your CC permit, particularly since you will not be bringing your gun(s) with you. Since you are flying and you could not get a gun through security on an international flight, it is highly unlikely they will even ask the question upon arrival. If you were crossing by land and they became aware of the CC permit, they would likely do a more thorough search of you and your vehicle to make sure nothing illegal was being imported.

I have never been asked about guns upon re-entering Canada by air and I have a Canadian firearms permit issued by the RCMP. I have always been asked upon re-entering by land if I am transporting any firearms, not whether I have a permit. In my experience, that question is pretty standard when entering Canada from the USA by land; particularly since guns are so accessible in the USA and so many Americans have guns, carry them, and don't realize they need to be registered to enter Canada, if they can be brought in at all.

Enjoy your trip...you will be fine.

 

[bbodb1]

Thanks again for the info, CanuckTravlr - I'll be sure to report on my experiences after the trip (which I am so looking forward to given the highs today will be about 36 degrees celsius)! Darn near 100 degrees Fahrenheit....

 

[jules54]

Thanks everyone for your replies. So you know AM1 your reply was noted but totally unnecessary. We are both 64 yrs old. Hubby received his DUI in 2011. He barely tested over and he learned his lesson both judicially and economically, emotionally. It a very embrassing process. It was unfortunate the way it happened. I was in Mexico and hubby went to watch basketball with some of young salesmens. He drove a young man across town because hubby thought the young man had too much to drink. Bam hubby gets picked up about 4 blocks from home only car on road on a weeknight. We live in Nebraska and the DUI laws are very strict here.
All let everyone know how's it went when we return from our trip.

 

[taterhed]

Hopefully it goes without saying but please do not let him drink and drive while visiting Canada.

Hopefully it goes without saying, but that was insensitive.

 

[jules54]

I often wonder what some people are thinking when they post to these boards. If it because the boards are so anonymous? No answers to questions or useful information. Oh well takes all kinds.

 

[easyrider]

We are heading east this summer and would like some advice on crossing into Canada on our Motorcycle.
Hubby had a DUI in 2011 7 years ago. He has done quite a bit of research trying to figure out the policy for border crossings. Most of our friends that live in Canada say just cross and take your chances.

The paperwork to get a temporary waiver is both expensive and complicated. I can cross without any problem and did on my own last year. Hubby is the problem.

I'm not asking for legal advice. Mostly for personal experiences and information.

Do they ask to see both passport and drivers license at the border? I can't remember. He has a conceal/carry permit. Do worries guns will stay home this trip.

Thanks

I fish in Canada and remember a guide saying that it was only a 5 year wait to be able to go to Canada after a dui conviction in the USA. I think you will be fine. No one has ever asked me anything about my conceal carry permit but they always ask if I have a fire arm. I use a passport card when I drive through the border. That is all that is required.

Heading into Canada has always been very quick. Heading back into the USA can be a long wait.

Bill

 

[CanuckTravlr]

I fish in Canada and remember a guide saying that it was only a 5 year wait to be able to go to Canada after a dui conviction in the USA. I think you will be fine. No one has ever asked me anything about my conceal carry permit but they always ask if I have a fire arm. I use a passport card when I drive through the border. That is all that is required.

The devil is in the details. The fishing guide is generally correct about the 5 years. If less than 5 years has passed, it is generally unlikely that you will even qualify for a temporary waiver. If between 5 and 10 years, you may qualify for a temporary waiver at the discretion of the interviewing officer, based on the facts of the case. If more than 10 years have passed then you will generally be considered "rehabilitated" and eligible for entry. However, it is not 10 years from the offence date, but from the end of any probation or sentence period. Also, you must have a clean record since that date and no other major convictions.

All of this is moot if the border officer does not check the database or ask the particular question. The purpose of applying for the waiver is to take away the uncertainty if the officer does become aware of the conviction.

 

[talkamotta]

My husband had a dui in 1990. In 2016, they questioned him and knew about it. I heard somewhere it's 10 years. You need to call because I think you need a waiver. A person that has a felony even decades ago can't get into canada, maybe with a waiver. Would hate to be turned around. I love Canada and they watch out for their country.

 

[talkamotta]

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