DUI Entry to Canada

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Traveling to Canada with an OMVI

An OMVI, or Operating a Motor Vehicle While Intoxicated, is a charge unique to the state of Ohio. The acronym OMVI was changed to OVI in 2004 in order to have the charge include not just motorized vehicles, but non-motorized vehicles as well.

If you have an OMVI conviction on your record, you will be considered criminally inadmissible to Canada. An OMVI arrest of conviction is treated as an indictable offense under Canada's Criminal Code. Therefore, you will require special permission to enter the country at a border or port of entry. By applying for a Temporary Resident Permit (TRP) or Criminal Rehabilitation, you can overcome your inadmissibility and enter Canada. A TRP is processed much more quickly than a Criminal Rehabilitation, but it will give you a restricted period of time to visit Canada (up to 3 years) and you will have to show a valid reason to travel. A Criminal Rehabilitation application takes longer to process (usually from 6 to 12 months) but once successful will allow you to visit without special permission.

Because OMVI charges are from 2004 or earlier, you might qualify for something called deemed rehabilitation as well. If you only have on OMVI charge and completed all conditions of your sentencing over 10 years ago, you will be able to enter Canada. Remember, if you have any other convictions on record, you do not qualify for deemed rehabilitation and will have to apply for a TRP or Criminal Rehabilitation.

If you are planning to travel to Canada with an OMVI, contact us today for a consultation. Our team of experts (Lawyers and consultants) can help determine the best steps to take in overcoming your inadmissibility.