Cruising to Canada with a DUI

[paul929207]

Okay, fair enough.

Just one thing, if I am interpreting some posts correctly, you may be given permission to enter anyway if you pay for some sort of waiver?

That brings the motivation creditability into question for me....

Yes, the botom line is that for a fee, you could be rehabilitated and allowed into Canada.

[DizzyDallasDi]

Yes, the botom line is that for a fee, you could be rehabilitated and allowed into Canada.

 

This reminds me of that famous line from Arlo Guthrie's classic song, Alice's Restaurant. "Kid, have you rehabilitated yourself?" :D

[rvsullivan]

I live about an hour from the St. Stephen/Calais, Maine border crossing. Our local paper always reports on American tourists arrested at the border for trying to get a gun past customs. Nine times out of ten, it is a car or RV from Texas. That is why the border officials pounce on cars from that state.

 

I spend a lot of time on the Maine border. I would like you to post a link to a local newspaper story about the Texans smuggling guns. Makes a good story, but far from true. I would say on average, I see about one car a week with Texas plates in Northern Maine. The bigger number of folks with guns in that area are Mainers who are mostly all armed in the North woods.

Anyone with a few bucks to spend with the Canadian government can get a waiver or be rehabilitated. It's all about the money.

[greatam]

Anyone with a few bucks to spend with the Canadian government can get a waiver or be rehabilitated. It's all about the money.

 

It is not JUST about the money, particularly with some offenses. DUI, while in the USA, may be treated as a misdemeanor with a slap on the wrist. In Canada, it is a SERIOUS offense and depending upon WHEN the offense occurred AND the extent of DUI (alcohol content), sometimes NO AMOUNT of money will get you into Canada until more time passes with no more violations.

 

One of my employees has spent over $2500 for a Canadian attorney trying to get "rehabilitated" to cross into Canada for a 3+ yo DUI in his personal vehicle in Missouri (where he got a $600 fine and 6 months informal probation). He has a passport, he has a TWIC card (VERY thorough check by the FBI And DHS to allow him to go into any port in the USA) and NO, he still can't get a waiver to go into Canada. Since it is now time for our company to haul the "gift fruit" (you know those gift boxes of oranges/apples/pears) that people/companies give out as holiday presents, I need every truck I can lay my hands on to get these gift packs into Montreal and Toronto and the East Coast. No amount of begging, pleading or MONEY is getting Ronnie into Canada. They have told him to wait until the offense is about 7 years old, THEN they will reconsider rehabilitation and MAY give him the waiver.

 

With the OP's friend having a DUI less than 5 years old, the waiver or rehabilitation will most likely be an exercise in frustration.

Edited October 31, 2011 by greatam

[scottbee]

Wow; there's sure a lot of mis-information here.

 

Firstly, there's no such thing as a felony in Canada, the approximate equivilant is called an indictable offense. (likewise we have summary convictions which are roughly comparable to misdemeanors)

 

Secondly, I really doubt that anyone 'invented' a criminal offense to prohibit you from crossing the border; if they did you would have happily sued them.

 

Thirdly, it's just as hard, if not harder to enter the USA with a DUI conviction than to enter Canada.

 

 

If you'd like advice on how to enter Canada legally, I highly recommend one of the many Canadian Consulates spread around the United States.

[Sea42]

It is not JUST about the money, particularly with some offenses. DUI, while in the USA, may be treated as a misdemeanor with a slap on the wrist. In Canada, it is a SERIOUS offense and depending upon WHEN the offense occurred AND the extent of DUI (alcohol content), sometimes NO AMOUNT of money will get you into Canada until more time passes with no more violations.

 

One of my employees has spent over $2500 for a Canadian attorney trying to get "rehabilitated" to cross into Canada for a 3+ yo DUI in his personal vehicle in Missouri (where he got a $600 fine and 6 months informal probation). He has a passport, he has a TWIC card (VERY thorough check by the FBI And DHS to allow him to go into any port in the USA) and NO, he still can't get a waiver to go into Canada. Since it is now time for our company to haul the "gift fruit" (you know those gift boxes of oranges/apples/pears) that people/companies give out as holiday presents, I need every truck I can lay my hands on to get these gift packs into Montreal and Toronto and the East Coast. No amount of begging, pleading or MONEY is getting Ronnie into Canada. They have told him to wait until the offense is about 7 years old, THEN they will reconsider rehabilitation and MAY give him the waiver.

 

With the OP's friend having a DUI less than 5 years old, the waiver or rehabilitation will most likely be an exercise in frustration.

Well in this case I can sure understand it. He's asking to drive (a truck!) in Canada after having a DUI just a few years ago.

[Sea42]

 

Thirdly, it's just as hard, if not harder to enter the USA with a DUI conviction than to enter Canada.

 

As I posted earlier that doesn't seem to be the case according to the US Border Patrol:

From the US BP website:

The list of crimes of moral turpitude that are reasons for exclusion from the U.S. is also quite detailed. The most common types of crimes involving moral turpitude that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud. At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S., although if there are multiple convictions and or other misdemeanors, you could be denied entry.

[greatam]

Well in this case I can sure understand it. He's asking to drive (a truck!) in Canada after having a DUI just a few years ago.

 

I certainly don't understand it AT ALL. And I don't understand the Missouri conviction in the way it was finally written (and BTW, I am a non practicing attorney with specialties in transportation and criminal defense-even have the certificates on my wall to prove it).

 

Missouri's DUI law is .08% alcohol for any kind of DUI conviction IF you are driving your own personal vehicle. My employee WAS driving a personal vehicle- his wife's car-a minivan. His BAC was .06% (about 3 beers for a 6'2 guy that weighs about 210). NOT even enough to convict him under NORMAL Missouri law.

 

BUT the State of Missouri used the CDL limit of .04% JUST BECAUSE he has a CDL. He wasn't driving a commercial vehicle-he was driving his wife's minivan. And he was on his way home from a "volunteer day" putting up the tents/equipment for the annual Calamity Jane Days festival in Princeton, MO (the one BIG party/festival for the year in a town of 1000 people)

 

Some states have a "split license" (Texas being one, Arizona being another and there are about 20 other states who DIFFERENTIATE between driving your own car and driving a commercial vehicle). What happens in your own personal car DOES NOT affect your CDL (including accidents, points against your license, etc. etc).

 

It is a FEDERAL LAW that all commercial truck drivers are tested pre employment for drugs and alcohol. It is also a FEDERAL LAW that all commercial truck drivers are sent into a RANDOM testing pool for drugs and alcohol. EVERY ONE of my drivers (62 of them) is called at least ONCE A YEAR for random testing (they have 24 hours to get to a testing center even if they are in the middle on nowhere). AND if you have EVER had a DUI (in your own personal vehicle) within 5 years of employment, you are subject to ALCOHOL testing every 90 days.

 

IF you have a DUI in a commercial vehicle within a MINIMUM of 5 years (most insurance companies 10), you just simply CANNOT get commercial insurance, so NO JOB driving a truck . This guy has NEVER had a positive test in any way shape or form and has NEVER had any booze or drug related incidents in a commercial vehicle. In fact, he is one of my safest drivers, NEVER even a fender bender in a parking lot and only one cargo claim (3 damaged boxes) in the 4+ years he has worked here.

 

So you REALLY don't know what you are speaking of.

[Sea42]

You're right. I certainly know nothing about the different laws regarding different types of licenses and offenses. I just meant I could understand Canada's point of view regarding not allowing someone to drive in their country if they have a recent DUI. It just made more sense to me than not allowing a person in the country for a day who won't be driving.

I'm sure it must be quite frustrating to you and your employee! I meant no offense.

[Gathina]

Rehabiliatation for what..instead of going to jail if you get caught?

 

Sorry..I have no sympathy for people with a DUI. If they did it years ago and learned their mistake, that's one thing but in this case if it's a few days, I think they should feel the pain of what they've done so they dont do it again and stay home.

 

Yep..I said it!

 

Wouldnt the smart thing be to check with your lawyer who represnted the DUI case? Or do you not want the laywer to find out??

 

Does anyone have any knowledge or experience of cruising to Canada with a DUI. ie, has the person been denied going ashore if customs finds out about a DUI? I know that rehabilitation can be granted but given the process and fees involved getting this it seems senseless to get this as the cruise we want to do has only two days in Canada. Has anyone ever just "winged it" and got to go ashore?

Thanks much,

[Kellie Poodle]

I live about an hour from the St. Stephen/Calais, Maine border crossing. Our local paper always reports on American tourists arrested at the border for trying to get a gun past customs. Nine times out of ten, it is a car or RV from Texas. That is why the border officials pounce on cars from that state.

 

I will not argue with you. We have been through the Calais crossing several times. If any officials want to search us, they are welcomed to do so as long as they are respectful. We have had our vehicles searched by United States and Canadian border officials. They have a job to do and we never complain. It has never happened to us, but other RVers we know have had the contents of their RVs strewn on the ground by Canadian border personnel, and left for them, many who are elderly, to put back. Not a great welcome.

 

We never have owned a weapon and we have never lied when crossing a border into Canada. We were in the Canadian Immigration computer from our month in the Maritimes when the Quebec border people terrorized us. We were living in our RV at the time. They made us leave our two little dogs in the cab of the truck. They had possession of our only home. They split my husband and I up from each other and they refused to permit me to use a restroom even when I plead with them, tears rolling down my cheeks.

 

After we paid the $200 for the minister's permit, we were forced to wait over an hour just sitting in a chair while the guy in charge kept walking past us to tell us that we were not smiling.

 

The winter after this happened the SARS epidemic decimated Canadian tourism income. :D

 

I realize that they do things differently in the province of Quebec, but it has left us with a fear of ever going to Canada again, though we did get off a cruise ship in Victoria for an excursion a couple of years after the incident with no problems at all.

[sapper1]

I spend a lot of time on the Maine border. I would like you to post a link to a local newspaper story about the Texans smuggling guns. Makes a good story, but far from true. I would say on average, I see about one car a week with Texas plates in Northern Maine. The bigger number of folks with guns in that area are Mainers who are mostly all armed in the North woods.

Anyone with a few bucks to spend with the Canadian government can get a waiver or be rehabilitated. It's all about the money.

Well, Calais is not Northern Maine---it is one of the busiest crossings in Canada. The big gun roundup takes place during the tourist season and since this is now over for the year, there are no current stories in "the courts section". You may call me a liar if you wish but I know what I read. I doubt that you are reading New Brunswick newspapers in Texas.

 

I am not talking about hunters---rather tourists who think they need guns in Canada for protection.

[sapper1]

I will not argue with you. We have been through the Calais crossing several times. If any officials want to search us, they are welcomed to do so as long as they are respectful. We have had our vehicles searched by United States and Canadian border officials. They have a job to do and we never complain. It has never happened to us, but other RVers we know have had the contents of their RVs strewn on the ground by Canadian border personnel, and left for them, many who are elderly, to put back. Not a great welcome.

 

We never have owned a weapon and we have never lied when crossing a border into Canada. We were in the Canadian Immigration computer from our month in the Maritimes when the Quebec border people terrorized us. We were living in our RV at the time. They made us leave our two little dogs in the cab of the truck. They had possession of our only home. They split my husband and I up from each other and they refused to permit me to use a restroom even when I plead with them, tears rolling down my cheeks.

 

After we paid the $200 for the minister's permit, we were forced to wait over an hour just sitting in a chair while the guy in charge kept walking past us to tell us that we were not smiling.

 

The winter after this happened the SARS epidemic decimated Canadian tourism income. :D

 

I realize that they do things differently in the province of Quebec, but it has left us with a fear of ever going to Canada again, though we did get off a cruise ship in Victoria for an excursion a couple of years after the incident with no problems at all.

 

That does sound like a horrible experience and I hope you don't think I was trying to make it sound trivial. My comment was just to point out why Texans seem to be targeted.

[Kellie Poodle]

That does sound like a horrible experience and I hope you don't think I was trying to make it sound trivial. My comment was just to point out why Texans seem to be targeted.

 

 

I know for a fact that Texans are targeted. I have been told by a Canadian border official who works in Alberta (friend of a friend) that it is in their manual to be suspicious of Texans and others from states that have concealed carry permits.

 

I have never questioned inspections. I have nothing to hide. What I experienced was a border official abusing his power.

[sapper1]

I know for a fact that Texans are targeted. I have been told by a Canadian border official who works in Alberta (friend of a friend) that it is in their manual to be suspicious of Texans and others from states that have concealed carry permits.

 

I have never questioned inspections. I have nothing to hide. What I experienced was a border official abusing his power.

Well they certainly could never be accused of having a sense of humour.:)

[electro]

The winter after this happened the SARS epidemic decimated Canadian tourism income. :D

 

 

I realize that you had a horrible experience but I don't think the SARS epidemic is something to write about with a big grin.:mad:

 

Lois

[lovesublime]

I certainly don't understand it AT ALL. And I don't understand the Missouri conviction in the way it was finally written (and BTW, I am a non practicing attorney with specialties in transportation and criminal defense-even have the certificates on my wall to prove it).

 

Missouri's DUI law is .08% alcohol for any kind of DUI conviction IF you are driving your own personal vehicle. My employee WAS driving a personal vehicle- his wife's car-a minivan. His BAC was .06% (about 3 beers for a 6'2 guy that weighs about 210). NOT even enough to convict him under NORMAL Missouri law.

 

BUT the State of Missouri used the CDL limit of .04% JUST BECAUSE he has a CDL. He wasn't driving a commercial vehicle-he was driving his wife's minivan. And he was on his way home from a "volunteer day" putting up the tents/equipment for the annual Calamity Jane Days festival in Princeton, MO (the one BIG party/festival for the year in a town of 1000 people)

 

Some states have a "split license" (Texas being one, Arizona being another and there are about 20 other states who DIFFERENTIATE between driving your own car and driving a commercial vehicle). What happens in your own personal car DOES NOT affect your CDL (including accidents, points against your license, etc. etc).

 

It is a FEDERAL LAW that all commercial truck drivers are tested pre employment for drugs and alcohol. It is also a FEDERAL LAW that all commercial truck drivers are sent into a RANDOM testing pool for drugs and alcohol. EVERY ONE of my drivers (62 of them) is called at least ONCE A YEAR for random testing (they have 24 hours to get to a testing center even if they are in the middle on nowhere). AND if you have EVER had a DUI (in your own personal vehicle) within 5 years of employment, you are subject to ALCOHOL testing every 90 days.

 

IF you have a DUI in a commercial vehicle within a MINIMUM of 5 years (most insurance companies 10), you just simply CANNOT get commercial insurance, so NO JOB driving a truck . This guy has NEVER had a positive test in any way shape or form and has NEVER had any booze or drug related incidents in a commercial vehicle. In fact, he is one of my safest drivers, NEVER even a fender bender in a parking lot and only one cargo claim (3 damaged boxes) in the 4+ years he has worked here.

 

So you REALLY don't know what you are speaking of.

 

 

 

 

I'm not sure what you're trying to defend here...the fact that your employee holds a CDL and should be held to a different standard because of it? My son is an airline pilot and he has never flown a plane, driven a vehicle or tested positive for alcohol or drugs. If he were to EVER get a DUI while driving his 'personal' vehicle, his career would be over instantly regardless of his blood alcohol level. Certainly, anyone can see that driving a personal car is different than flying an airplane loaded with passengers :rolleyes:??? That seems to be your logic.

 

 

So, what I garner from your post is that your employee should be able to keep a CDL and drive big trucks on public roads and highways-even though he did technically receive a DUI. He's never had an alcohol related accident so that makes it okay? The main reason I point this out is because I have noticed on the 'cruise air' forum, you have a history of making comparisons between pilots and your truck drivers.

Edited October 31, 2011 by lovesublime

[Karysa]

I will not argue with you. We have been through the Calais crossing several times. If any officials want to search us, they are welcomed to do so as long as they are respectful. We have had our vehicles searched by United States and Canadian border officials. They have a job to do and we never complain. It has never happened to us, but other RVers we know have had the contents of their RVs strewn on the ground by Canadian border personnel, and left for them, many who are elderly, to put back. Not a great welcome.

 

We never have owned a weapon and we have never lied when crossing a border into Canada. We were in the Canadian Immigration computer from our month in the Maritimes when the Quebec border people terrorized us. We were living in our RV at the time. They made us leave our two little dogs in the cab of the truck. They had possession of our only home. They split my husband and I up from each other and they refused to permit me to use a restroom even when I plead with them, tears rolling down my cheeks.

 

After we paid the $200 for the minister's permit, we were forced to wait over an hour just sitting in a chair while the guy in charge kept walking past us to tell us that we were not smiling.

 

The winter after this happened the SARS epidemic decimated Canadian tourism income. :D

 

I realize that they do things differently in the province of Quebec, but it has left us with a fear of ever going to Canada again, though we did get off a cruise ship in Victoria for an excursion a couple of years after the incident with no problems at all.

 

Your first mistake was crossing in Quebec. They only like tourists from France there.

 

SARS was not an epidemic here in Canada, it was just reported.

We met a gentleman from Missori on a cruise in 2004 and he explained that he was very ill with SARS like symptoms after traveling back from the effected area in China. Long story short he explained his symptoms to a table of Docs on a medical conference and low and behold they all thought that he described SARS. The man's wife said that Doctors had told her to just take him home and isolate him from everyone.

[g-didi]

I realize that you had a horrible experience but I don't think the SARS epidemic is something to write about with a big grin.:mad:

 

Lois

 

 

I agree. Not appropriate and not relevant to the topic. People died. Not funny.

[NJsharon]

Re-visiting this topic.

 

Hubby has a DUI from 10 years ago. We would love to take a Canada/New England cruise. Does he still have to get a waiver? Any idea on cost if so?

Should we just call up the Canadian Embassy or is there forms to download online somewhere?

 

I tried the Canadian embassy website, & when I click on a link it keeps kicking me back to the main page, so couldn't find out much info.

 

Would love to both get off ship in Canada if we can!

 

TIA.

[martincath]

Re-visiting this topic.

 

Hubby has a DUI from 10 years ago. We would love to take a Canada/New England cruise. Does he still have to get a waiver? Any idea on cost if so?

Should we just call up the Canadian Embassy or is there forms to download online somewhere?

 

I tried the Canadian embassy website, & when I click on a link it keeps kicking me back to the main page, so couldn't find out much info.

 

Would love to both get off ship in Canada if we can!

 

TIA.

There have been a couple of very active threads on the Alaska & Canada(Alaska/Pacific) boards recently - you won't even have to Search, just scroll down the first page and look for DUI in the titles. But in super-quick summary - if it was 10 years ago, nothing else on his criminal history, then even if it does show up on his file he is ALMOST certain to be allowed in under the 'Deemed Rehabilitated' clause. However - that is entirely up to the CBSA officers discretion, and they may want to see proof of when the penalties were actually complete (fines, court dates, jail time as appropriate) over five years ago.

 

The only way to guarantee being allowed in is to file the paperwork - it's located here with details of where to send forms and what other info you have to provide - and of course be successful in that application. After that, provided no further criminal-by-Canadian-standards acts are committed you won't ever have to worry about the matter again.

Edited June 16, 2015 by martincath

[paul929207]

Note that most of this thread is nearly 4 years old. Things may have changed since those posts.

[sail7seas]

I agree this information could well be outdated......... or not but it is too important to those who need accurate info to take this as applicable to today's practices at the borders.

 

[Cruisin' Chick]

Oh boy, not what I want to hear. I hope someone out there may have more info on the subject. Perhaps the cruise line has more insight on this matter. Seems a bit unreasonable to me.

 

As others have suggested, you should seek out legal advice from someone knowledgeable in the pertinent law. I have seen posts in the past from a few people who did run into the problem of being denied boarding in their port of embarkation. And that's probably what would happen if your friend's name pops up on the DOJ records -- he or she won't be allowed to even get on the ship.

 

This is akin to someone who fails to get a visa for a cruise itinerary that requires it. It's not a matter of not being allowed to go into port in Brazil (or wherever you're talking about that requires a visa), you won't even be allowed to go on the cruise. And there's no refunds of your cruise fare.

[NJsharon]

There have been a couple of very active threads on the Alaska & Canada(Alaska/Pacific) boards recently - you won't even have to Search, just scroll down the first page and look for DUI in the titles. But in super-quick summary - if it was 10 years ago, nothing else on his criminal history, then even if it does show up on his file he is ALMOST certain to be allowed in under the 'Deemed Rehabilitated' clause. However - that is entirely up to the CBSA officers discretion, and they may want to see proof of when the penalties were actually complete (fines, court dates, jail time as appropriate) over five years ago.

 

The only way to guarantee being allowed in is to file the paperwork - it's located here with details of where to send forms and what other info you have to provide - and of course be successful in that application. After that, provided no further criminal-by-Canadian-standards acts are committed you won't ever have to worry about the matter again.

 

 

Thank you so very much. Will also look at the Alaska & Canada board. Appreciate the help. ;)