Can I go to Canada to visit if I got defered DUI in Washington state? Thank you in advance.

Criminal Defense 2 views 2 answers
I live in Washington.

Attorney Answers

2
Karyn T. MissimerDUI / DWI AttorneyJanesville, WI ·
The border agents will likely still be able to see you were arrested for a DUI. This alone may bar your entry into Canada. Additionally, when I have clients with questions about entry into Canada, here are the general points I counsel them on: - Entry into Canada is discretionary, not a matter of right (unless you have citizenship or permanent resident status). So if the border crossing agent does not want to let you in, whatever the reason, that is where things start and stop for you. - Conviction (or admission or proof by a preponderance of evidence) of an indictable offense (and a DUI in Canada is an indictable offense, whether prosecuted as one or not) makes one inadmissible to Canada. - Many people get in and out of Canada without ever being questioned about criminal history or offenses (appearances and courtesy frequently matter). - I have heard through the grapevine that it is generally easiest to go over to Canada as a passenger in a vehicle with a passport, and more difficult to go over as a driver or a passenger with a driver’s license, and most difficult going through the airport. But, this is purely anecdotal. - The Canadian Embassies can provide some assistance (but Seattle’s is extremely backed up, and I understand Buffalo is the most helpful and has the shortest wait times for assistance, which can run into months and years). - A U.S. Citizen should not assume entry into Canada. Good luck!
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Linda Callahan ·
I recommend that you contact the Canadian Embassy and ask them. You may want to do so anonymously. I have heard from other lawyers in other states that clients with probation type situations where there is no finding of a conviction HAVE been able to enter Canada. This would be similar to what is called a Deferred Prosecution in WA. At the same time, your DUI will show up on the criminal history database as a pending DUI and i know that people are turned back all the time at the border for that. So, i don't think anyone can say for sure what would happen to someone with an active WA Deferred Prosecution at the border. Now, if the Deferred Prosecution was completed and the mattered dismissed (after the 5 year period) then entry should be possible. Finally, sometimes, folks use terms such as "deferred" when they are referring to something else entirely because they don't know or properly use the correct terminology. My answer is based on the assumption that you are talking about a Deferred Prosecution, not any other disposition. I don't have the link handy, but perhaps you can search avvo for Canada entry questions because i have posted the link here numerous times. if you cannot find it, simply google your query using the words Canadian Embassy, entry and DUI.
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