For many people in Western Montana, Canada is a day trip: fishing in British Columbia, a tournament in Alberta, family in Lethbridge, a truck route north. A DUI can end that, sometimes for years. This page explains how Canadian law treats a U.S. DUI. It is part of our Montana DUI Guide.
One thing first. We are Montana lawyers. What follows comes from Canada's published statutes and from Immigration, Refugees and Citizenship Canada (IRCC), but an application to Canada is a matter of Canadian law, and a Canadian immigration lawyer is the right person to prepare one.
Why a Montana DUI Matters to Canada
Canada does not ask whether your offense was a misdemeanor in Montana. It asks what the same conduct would be under Canadian law. A foreign national is inadmissible for serious criminality if convicted outside Canada of an offense that, in Canada, would be punishable by a maximum term of at least 10 years (Immigration and Refugee Protection Act, s. 36(1)(b)).
On December 18, 2018, Canada raised the maximum penalty for impaired driving from 5 years to 10 (Criminal Code, s. 320.19). IRCC's own notice at the time said that most impaired driving offenses would then be considered serious crimes. That is why a first-offense Montana DUI, with a maximum of 6 months in jail here, can be treated as serious criminality there.
Before or After December 18, 2018
The date the offense was committed decides which rules apply.
- Committed before December 18, 2018. IRCC assesses it under the penalties in force at the time. You may be inadmissible for criminality rather than serious criminality, and you may be eligible for deemed rehabilitation once at least 10 years have passed since you completed your sentence.
- Committed on or after December 18, 2018. Deemed rehabilitation applies only where the offense has a Canadian maximum of less than 10 years. Impaired driving no longer qualifies. Time alone does not resolve it.
The Ways to Be Allowed In
| Route | When | What it is | Fee |
|---|---|---|---|
| Temporary resident permit | Any time, including less than 5 years after the sentence ended | A specific trip with a reason that justifies it. Discretionary, and an officer can still refuse entry. | CAD $246.25 per person |
| Criminal rehabilitation | At least 5 years after the end of the sentence, including probation | A permanent fix, if approved. The decision is discretionary. | CAD $1,231.00 for serious criminality; $246.25 for criminality |
| Deemed rehabilitation | At least 10 years after all sentences were completed | Only for a single offense committed before December 18, 2018, with no serious harm. Assessed at the border; not guaranteed. | No application fee listed |
Fees are from IRCC's fee list as of September 2026 and are in Canadian dollars. Check the current amounts at IRCC's fee list before applying, because some older government pages still show earlier figures.
Temporary resident permit
A temporary resident permit lets a person who is inadmissible enter for a specific purpose. An officer decides whether your need to enter outweighs the risk. IRCC says permits are issued only for compelling reasons, that visits considered justified could include family emergencies or business conferences, and that pleasure trips are normally not considered justified. Even with a valid permit, a border officer can refuse entry. The fee waiver that exists for some minor offenses does not apply to impaired driving.
Criminal rehabilitation
Rehabilitation is an application asking Canada to set the inadmissibility aside permanently. At least five years must have passed since the end of the sentence. IRCC states that this includes probation, so a person who finished jail in a weekend but was on a one-year suspended sentence starts counting when that year ends. Fines, classes, and other conditions should be complete. Approval is discretionary.
How the Montana Case Affects the Canada Question
- The outcome matters. What you are convicted of, and whether you are convicted at all, is what Canada evaluates. A person acquitted of the charge cannot be found inadmissible based on that charge.
- When the sentence ends matters. The five-year clock starts when the whole sentence is finished. Unpaid fines or unfinished treatment keep it from starting.
- Montana expungement is limited. Expungement is not presumed for a DUI in Montana (MCA § 46-18-1108), so it is not a reliable route to solving a border problem.
- Tell your defense attorney early. If you cross the border for work, such as trucking, guiding, or oil field work, that belongs in the conversation before any plea.
Other Travel Programs
U.S. Customs and Border Protection lists a criminal conviction or pending charges, "to include driving under the influence," as a reason a person may not be eligible for Global Entry. The federal regulation also reaches arrests (8 CFR § 235.12).
This page is general information based on Canadian government sources as of October 2026. It is not advice on Canadian immigration law. Rules and fees change; confirm them with IRCC or a Canadian immigration lawyer before you travel.