Travelling to Canada with a DUII conviction from Oregon requires careful consideration and proper legal procedures. Oregon law refers to intoxicated driving as DUII, which stands for driving under the influence of intoxicants, encompassing not only alcohol and marijuana, but also prescription medication and other legal drugs that can impair driving. A misdemeanor DUII on a criminal record can result in inadmissibility to Canada, similar to a DUI offense in Canada. However, individuals with a DUII conviction can obtain permission to enter Canada by applying for a Temporary Resident Permit (TRP) or Criminal Rehabilitation. A TRP allows entry into Canada for up to three years, but a valid reason such as business travel is required. Criminal Rehabilitation permanently overcomes criminal inadmissibility and allows for leisure travel, but a full DUII sentence completion of five years is required to be eligible for the application. Without a TRP or Rehabilitation, Canada’s border agents can refuse entry to anyone with a past DUII conviction.
Oregon’s DUII penalties include fines ranging from $1000 to $10,000 and license suspension of up to three years for multiple offenses, along with imprisonment for up to five years for a third DUII conviction. Enhanced penalties apply to those caught driving under the influence of intoxicants with a child in the car or with a blood alcohol concentration exceeding 0.15%. DUII often requires an Ignition Interlock Device (IID) installation and mandatory attendance in an alcohol or substance abuse awareness program for license reinstatement. Zero tolerance laws apply to underage drivers, while commercial drivers can be charged for a BAC exceeding 0.04. Refusal of breathalyzer or other testing can lead to license suspension and fines.
DUII diversion programs may be available to first-time offenders with no prior criminal history. However, Canadian border patrol may not recognize diversion programs as non-conviction, making it crucial to consult a qualified lawyer before traveling to Canada. In Oregon, individuals charged with DUII who have no prior criminal record may be eligible to participate in a diversion program. However, the Canadian border patrol does not presume innocence, so those enrolled in the program may be denied entry. Once the diversion program is successfully completed, it may be feasible to consider the DUII charge as a non-conviction under Canadian law, but consulting a competent lawyer before traveling is advisable.
Oregon uses various tests to determine intoxication levels, including breath, chemical, urine, and blood tests. Notably, DUII charges do not require driving but instead refer to operating a motor vehicle, including physical control of a vehicle while impaired.
If you face a DUII charge in Portland, Salem, Eugene, Gresham, Hillsboro, Beaverton, Bend, Medford, Springfield, Corvallis, or elsewhere in Oregon and plan to travel to Canada, seek legal assistance from our team for a free consultation.
