Author Topic: DUI/OWI and Canada (Read 6660 times)

babyfood1217 · « **on:** May 27, 2009, 11:00:39 AM »

I'd be willing to be I'm not the only person on here with a OWI or similar. I've gone through enough shame for it, and to be honest, I don't want to talk about it anymore unless I really need to. But getting one makes it damn near impossible to enter Canada now (likewise, Canucks have a hard enough time getting into the US with one as well.)

I'm curious to hear from anyone who has been issued a DUI/OWI/similar and had to deal with US/Canada travel issues. This is a relatively recent issue (past ten years or so) but does/will affect anyone with a record as such.

Lets steer clear of the how we got the tickets. Not exactly the stories that need to be repeated IMHO.

I want to see the Canadian Rockies again... $:-\$

-Chris

Bonafide · « **Reply #1 on:** May 27, 2009, 11:07:24 AM »

I dont have one, but a friend who got one back in college days (15 yrs had past at the time) was cutting thru Canada to get to Alaska - and their govt fined him $500 for his past conviction in a US State for the right to enter their country.

kghost · « **Reply #2 on:** May 27, 2009, 11:14:57 AM »

It gets worse on the Airline side of things....

Any conviction = No Canada.

I've never had a DUI or what not but I know guys with minor infractions that are not allowed in Canada....

I have a Canadian Passport so they can't exactly ban me....

my78k · « **Reply #3 on:** May 27, 2009, 11:59:13 AM »

OWI?? not sure of that one...I do know what a DUI is

Anyways, if it was a while ago can you not apply for a pardon of some sort? I know when my bro had some criminal issues on his record after a few years he was able to get it removed (or whatever)

Dennis

babyfood1217 · « **Reply #4 on:** May 27, 2009, 12:07:59 PM »

For legal issues, OWI/DWI/DUI are all treated them same. Essentially comes down to jurisdiction to determine what the crime is called. Same treatment all around.

And it is appealable, but not without a whole slew of hoops. Wait ten years after rehab, wait 5 years after rehab with special this, wait two with rehab, special this, and tons more money, etc... There are websites dedicated to this specific subject (sad, I know) but hopefully (actually, hopefully not) someone has firsthand/secondhand experience with it. I was supposed to make a trip to Alaska later this year, and it was to be overland. Well, that's out of the picture now...

my78k · « **Reply #5 on:** May 27, 2009, 03:43:34 PM »

Oh as in Operating While Intoxicated? Never heard that one...

Wow...looks like you are right! We Canadians are pretty picky about who we let in from south of the border...which is ironic since we seem to let ANYONE in who applies for refugee staus or whatever!!!

Found this while googling:
What can a driver do to gain entry to Canada following an alcohol-related conviction?
To enter Canada in the future, a driver must obtain a Temporary Resident Permit or Approval of Rehabilitation at a Canadian Consulate or Embassy.

Rehabilitation requires the driver to show that he or she has a stable lifestyle and is unlikely to be involved in any future criminal activity. Unfortunately for those convicted of alcohol-related offenses, an individual can only apply for rehabilitation if five years have passed since the end of the sentence imposed, including any period of probation.

If five years have not passed since the end of the sentence imposed, a driver is limited to applying for a Temporary Resident Permit to enter Canada.

How does a driver apply for a Temporary Resident Permit?
A Temporary Resident Permit application can be obtained at the Canadian Immigration and Citizenship website, or through the Immigration Regional Program Center, Canadian Consulate. In Western New York, this office is located at 3400 HSBC Center, Buffalo, New York 14203.

In addition to a fully completed application form, anyone applying for a permit must submit the following documents:

Two passport size photographs taken within the last six months.
A criminal clearance certificate from the police authorities in all countries (including Canada) where he or she has lived since reaching the age of 18.
Three letters of reference from responsible citizens (for example, the parole board, public officials, respectable private citizens, clergymen).
The processing fee: the fee for processing an application for a Temporary Resident Permit is $200.00 Canadian or approximately $170.00 U.S., depending on the exchange rate.

babyfood1217 · « **Reply #6 on:** May 27, 2009, 03:57:28 PM »

Quote from: Bonafide on May 27, 2009, 11:07:24 AM

I dont have one, but a friend who got one back in college days (15 yrs had past at the time) was cutting thru Canada to get to Alaska - and their govt fined him $500 for his past conviction in a US State for the right to enter their country.

I notice you give a sad/angry face. Without getting into anything big, I would like to say this: We (your friend and myself in this case) are the ones who screwed up. Unfortunatley, I had no idea of the penalties or implications of getting a DUI/OWI until the unfortunate happened. I wish never would have found out about all this stuff.

Bonafide · « **Reply #7 on:** May 27, 2009, 04:59:29 PM »

babyfood - I'm angry that another country has the ability to access our criminal/driver history information for no other reason but to impose a tax or fine against that US citizen AFTER they have been properly adjudicated for their misdemeanor crime. Individual States here in the US cant access National/State records for that purpose - it's illegal - so why do we allow Canada? The whole thing pisses me off ... and I'm not even affected by it. I dont drink, and I will never travel to Canada - but it still irks me how they're allowed to do that. :rant off:

my78k · « **Reply #8 on:** May 27, 2009, 05:08:00 PM »

You don't need to allow us...just don't come!! Of course you will miss out on some of the hottest women and best beer ever!!

Seriously though dude...I for one am glad there is some verification prior to entry on both sides of the boder! Oh and by the way....it is far easier to get in to Canada then cross over to the US

Dennis

Out of curiosity, why would you never travel to Canada?

babyfood1217 · « **Reply #9 on:** May 27, 2009, 05:46:40 PM »

No, I do understand what you are saying. I had to remind myself that each country deals with crime and justice in its' own way. It just so happens that now it affects me moreso than it ever did before. I am willing to go through the hoops necessary to gain legal entry, but I'm trying to find out firsthand about anything that may not be posted in either of the respective governments' webpages regarding the issue.

Parts of Canada are just like parts of the US: Beautiful. That's why I want to go back.

my78k · « **Reply #10 on:** May 27, 2009, 05:58:54 PM »

Have you tried the direct approach with the consulate or immigration to get their thoughts? I would think if you are above board and direct with questions etc they would be more than willing to help in whatever way they can.

I know for instance our American embassy or consulate is right across the road from my work and they have people there that are paid good money to answer these types of questions

Dennis

Oh and Babyfood...you (and anyone with an open mind) are always welcome up here. I just didn't get the other guys comment about never wanting to come to Canada.

edit: check out this link for Consulates... http://www.cic.gc.ca/english/information/offices/missions.asp

754 · « **Reply #11 on:** May 27, 2009, 07:19:48 PM »

If you want to ride Alaska, you can get there by ferry from Seattle... not a big help, but I did see AK mentioned..

Bonafide · « **Reply #12 on:** May 27, 2009, 07:20:29 PM »

Quote from: my78k on May 27, 2009, 05:58:54 PM

Oh and Babyfood...you (and anyone with an open mind) are always welcome up here. I just didn't get the other guys comment about never wanting to come to Canada.

FU dennis .. me not wanting to come to Canada has nothing sinister or prejudicial behind it - so stop trying to be insultive. You (and Canada) have nothing that interests me - that's it. Neither does many parts of the US and most other counties. The point I was making is I'm not happy with my govts lack of scrutiny when it comes to disseminating people's private information.

my78k · « **Reply #13 on:** May 27, 2009, 07:24:13 PM »

F-Me??? lol...ok then! Have fun never travelling more than 100 kilometers from your house (that's a little over 62 miles!)

Dennis

DammitDan · « **Reply #14 on:** May 27, 2009, 07:35:01 PM »

Quote from: Bonafide on May 27, 2009, 07:20:29 PM

FU dennis .. me not wanting to come to Canada has nothing sinister or prejudicial behind it - so stop trying to be insultive. You (and Canada) have nothing that interests me - that's it. Neither does many parts of the US and most other counties.

Wow...

I think any sovereign country should have the right to accept or deny any travelers they wish on any terms they wish. It's not our place (the U.S. of A.) to dictate the terms.

Driving is a privilege, not a right. Some counties take that more seriously than others.

And since when can States not access each others' criminal records? You're saying if I was arrested and convicted for a DUI in Kansas, it wouldn't follow me to Kentucky? I highly doubt that...

fuzzybutt · « **Reply #15 on:** May 27, 2009, 07:41:06 PM »

someone #$%* in Bonafides' cheerios this morning

my78k · « **Reply #16 on:** May 27, 2009, 07:44:06 PM »

Glad it wasn't just me that was surprised by the response...anyways enough about that fortunately I have thick skin! (ofcourse we need that up here to cope with the winters

)

Can anyone else help Babyfood with his original question? I can't help but think it isn't a real show stopper if you know the right strings to pull or questions to ask...

Dennis

babyfood1217 · « **Reply #17 on:** May 27, 2009, 07:59:50 PM »

Quote from: my78k on May 27, 2009, 05:58:54 PM

Have you tried the direct approach with the consulate or immigration to get their thoughts?...

Dennis

This is one thing I have not done yet: try to talk to someone in person. Likely to be my next plan of action though. Running low on places to find answers.

Quote from: 754 on May 27, 2009, 07:19:48 PM

If you want to ride Alaska, you can get there by ferry from Seattle... not a big help, but I did see AK mentioned..

Already looked into it. Not cheap. Ridiculous (on my budget) with a motorcycle, impossible with a truck. No doubt it would be an amazing trip though, but I really would like to go back to Canada. Especially if my buddy and I can ever get a chance to do a Lake Superior Tour on our bikes.

Quote from: my78k on May 27, 2009, 07:44:06 PM

Glad it wasn't just me that was surprised by the response...anyways enough about that fortunately I have thick skin! (ofcourse we need that up here to cope with the winters )

Can anyone else help Babyfood with his original question? I can't help but think it isn't a real show stopper if you know the right strings to pull or questions to ask...

Dennis

As far as not being a total show stopper, a good friends husband went on a Canadian fishing trip with 5 or 6 buddies. Half got denied entry and had to head home. The one with a DUI from years ago (15+) began an appeal process (think he had family up there) and is still trying to make it work (7 years now, I believe.) So while it may just be "a wrench thrown into things", I'm fearing it may end up being a really big wrench.

Bonafide · « **Reply #18 on:** May 27, 2009, 09:06:19 PM »

Quote from: DammitDan on May 27, 2009, 07:35:01 PM

I think any sovereign country should have the right to accept or deny any travelers they wish on any terms they wish. It's not our place (the U.S. of A.) to dictate the terms.

Nice, I appreciate you filling in the blanks with your own theories of what I'm thinking, but I did not say how any foreign govt should treat travelers in their country. AGAIN - the problem 'I have' is our govt allowing someone outside the US to have access to OUR personal information.

Quote

And since when can States not access each others' criminal records? You're saying if I was arrested and convicted for a DUI in Kansas, it wouldn't follow me to Kentucky? I highly doubt that...

NO ONE is suppose to be able access to your driving or criminal histories without showing a purpose through the NCIC or the operator (person) requesting said record can be charge. purpose example; a criminal investigation, judicial, etc ... please stop pretending you know something about the subject.

DammitDan · « **Reply #19 on:** May 27, 2009, 09:38:45 PM »

You don't have a brother named Ed, do you?

DammitDan · « **Reply #20 on:** May 27, 2009, 09:50:19 PM »

Oh, and just to clarify: (sorry for the thread hijack!)

Quote from: http://www.totaldui.com/after-dui/dui-records.aspx

DUI records are, generally speaking, part of your adult criminal record and a matter of public record. This means that anyone willing to put in the time and energy to seek out those records may be able to learn about your criminal history. DUI convictions also appear regularly in local newspapers.

There are some limitations on the release of the comprehensive collection that you might think of as your "criminal record." But in most cases, individual charges and their dispositions can be readily discovered. In addition, many employers use private investigative firms that collect criminal history data. Some also require a copy of your driving record, which will reflect license suspensions associated with DUI charges or breathalyzer test refusals.

Many courts are making their records available on the internet today, which makes it much easier and less expensive to locate DUI convictions and other criminal case information. Some investigative agencies make such compiled reports available to anyone who is willing to pay for them.

As such, information about criminal convictions is generally accessible to anyone who has the time and motivation to actively seek out that information.

Information which is considered public record cannot, by its very definition, be considered "private information." Try using Google next time!

/thread hijack

Jerry Rxman Griffin aka MuthaF'er · « **Reply #21 on:** May 27, 2009, 10:38:43 PM »

A sales rep for a Canadian company that I was affiliated with had a DUI and was not allowed to come to the states. They would always fly. I've driven across from the states twice and it seemed like all we did was friendly chat. Don't know if they scanned my license or passport but they sure didn't have time to look me up but I'm clean/lucky. Flown twice and that was more extensive each time.

Bonafide · « **Reply #22 on:** May 27, 2009, 11:11:48 PM »

Quote from: DammitDan on May 27, 2009, 09:50:19 PM

Oh, and just to clarify: (sorry for the thread hijack!)

Information which is considered public record cannot, by its very definition, be considered "private information." Try using Google next time!

/thread hijack

criminal/driving history records are NOT considered public information, and your continue to show your Google mentality ignorance.

fuzzybutt · « **Reply #23 on:** May 27, 2009, 11:14:09 PM »

Quote from: DammitDan on May 27, 2009, 09:38:45 PM

You don't have a brother named Ed, do you?

DammitDan · « **Reply #24 on:** May 27, 2009, 11:37:49 PM »

Well, see I provided a source which refutes your claims and bolsters my position... That means I win the argument unless you can find a source which counters my source. You're seriously going to ignore my cited information (even going so far as cutting it out completely when you quote me) and tell me that I'm wrong and you're right?

You sure you don't know Ed?

Here's more links from my Google mentality ignorance:

We can start with that be-all-end-all of ignorance, Wikipedia:

Quote from: http://en.wikipedia.org/wiki/Criminal_records#United_States

Criminal histories are maintained by law enforcement agencies in all levels of government. Local police departments, sheriffs’ offices, and specialty police agencies may maintain their own internal databases. On the state level, state police, troopers, highway patrol, correctional agencies, and other law enforcement agencies also maintain separate databases. Law enforcement agencies often share this information with other similar enforcement agencies and this information is usually made available to the public...Usually, the only group in society that is not subject to dissemination of any criminal records is juveniles.

And move on from there:

Quote from: http://www.privacyrights.org/fs/fs11-pub.htm

Arrest records are public records. They may include detailed information about the person arrested, the incident leading to the arrest and the victim. These records can be closed if their release would endanger an ongoing investigation or public safety. If the person arrested is found innocent of the charges, he or she may ask to have the record sealed and claim they have never been arrested.

Even California, which has a strict "no rap sheet" policy when it comes to confidentiality in state criminal records, makes their DUI convictions a matter of public record:

Quote from: http://www.findanyrecords.com/category/dui/

DUI records consist of a person’s charges regarding his or her DUI arrest(s). These DUI records or, in this case, California DUI records are readily available on the Internet for anyone to see. That means anyone who has any suspicion for a worker, a lover, a relative or even just an acquaintance can find extensive information regarding one or more California DUI records.

News:

Author Topic: DUI/OWI and Canada (Read 6660 times)

fuzzybutt

fuzzybutt