Key points
- Canada says a conviction for driving while impaired by alcohol or drugs, in Canada or elsewhere, may make a person inadmissible for "serious criminality".[1]
- Tougher Canadian penalties took effect on 18 December 2018; impaired driving now carries a maximum of 10 years, the serious-criminality line.[1][2]
- Deemed rehabilitation after 10 years applies only to offenses with a Canadian maximum under 10 years, so it does not cover impaired driving committed on or after 18 December 2018.[3]
- A person can apply for individual criminal rehabilitation once at least five years have passed since the end of the sentence, including probation.[4]
- A temporary resident permit is discretionary, costs C$200, and the fee waiver does not apply to most impaired-driving convictions.[5]
A Michigan OWI conviction can keep you out of Canada. The Government of Canada says a conviction for driving while impaired by alcohol or drugs, wherever it happened, may make a person inadmissible for "serious criminality".[1] Tougher Canadian penalties took effect on 18 December 2018, and impaired driving now carries a 10-year maximum in Canada, the serious-criminality line.[1][2] For an offense committed on or after that date, the options IRCC describes are an individual rehabilitation application after at least five years, or a discretionary temporary resident permit.[3][4][5]
This page summarizes what Canada's statutes and immigration department say; the rules are Canada's, not Michigan's, and it is not individual advice. IRCC says that even a person holding a permit is checked again at the port of entry, where Canada Border Services Agency officers decide whether the person can enter.[1]
Why a U.S. drunk-driving conviction matters to Canada
Canada's immigration law looks at what a foreign conviction would be if it had happened in Canada. Under section 36(1)(b) of the Immigration and Refugee Protection Act, a foreign national is inadmissible for serious criminality if convicted outside Canada of an offense that, if committed in Canada, would be punishable by a maximum of at least 10 years.[2] Section 36(3)(a) treats an offense that can be prosecuted either summarily or by indictment (a "hybrid" offense) as indictable, even if it was prosecuted summarily.[2]
Canada's Criminal Code makes impaired operation, including a blood alcohol level of 80 mg per 100 mL within two hours of driving, a hybrid offense punishable on indictment by up to 10 years.[2] So a Michigan OWI conviction can map onto an offense that crosses Canada's 10-year line.[2] It does not matter that a first Michigan OWI is a misdemeanor with a 93-day maximum here; Canada applies its own penalty.[6][2]
The 18 December 2018 change
The Government of Canada says tougher penalties for impaired driving took effect on 18 December 2018, and that for an offense committed before that date it decides inadmissibility under the penalties in force at the time.[1] That date splits Michigan drivers into two groups:
| When the impaired-driving offense was committed | How Canada treats it |
|---|---|
| Before 18 December 2018 | Assessed under the penalties then in force; IRCC says it may be treated as "criminality" rather than serious criminality unless the person received a Canadian prison sentence over 6 months, and may qualify for deemed rehabilitation after 10 years[1][3] |
| On or after 18 December 2018 | Serious criminality, because the Canadian maximum is now 10 years; deemed rehabilitation is not available[2][3] |
Deemed rehabilitation: why the "10-year rule" no longer helps
Under section 18(2)(a) of Canada's Immigration and Refugee Protection Regulations, a person convicted outside Canada of no more than one offense is deemed rehabilitated only if the offense is punishable in Canada by a maximum of less than 10 years and at least 10 years have passed since the sentence was completed.[3] Because impaired driving now carries a 10-year maximum, an offense committed on or after 18 December 2018 does not meet the first condition.[3][2]
A common belief is that Canada automatically forgives a DUI after 10 years. For post-2018 impaired driving, that is no longer correct.[3]
Option 1: individual criminal rehabilitation
A person convicted outside Canada can apply to be found rehabilitated. IRCC's general page says at least five years must have passed since the end of the criminal sentence, which includes probation, and since the day the person committed the act.[4] A processing fee applies, and IRCC says these applications can take over a year.[4]
Probation counts as part of the sentence for this purpose, so the five-year period runs from the end of probation, not the end of any jail time.[4] A Michigan OWI sentence can include probation; see probation after an OWI for how long it can last.
Option 2: a temporary resident permit
An inadmissible person can apply for a temporary resident permit (TRP) by showing a compelling reason to enter that outweighs the risk.[5] Key points from IRCC:[5]
- The processing fee is C$200.[5]
- The one-time TRP fee waiver is not available for serious criminal offenses, including most impaired-driving offenses.[5]
- There is no guarantee a permit will be issued.[5]
- Even with a valid permit, border services officers can refuse entry.[5]
Common questions people get wrong
- "It was only a misdemeanor in Michigan." Canada compares the conduct to its own Criminal Code and treats hybrid offenses as indictable.[2]
- "It's been 10 years, so I'm fine." Not for an offense on or after 18 December 2018.[3]
- "Cannabis-impaired driving is different." Canada's guidance expressly includes driving impaired by drugs, including cannabis.[1] See marijuana and driving in Michigan.
- "A permit guarantees entry." Border officers can still refuse.[5]
Does a Michigan set-aside change the answer?
Michigan allows one first-offense OWI per lifetime to be set aside on application.[7] How Canada treats a conviction that a U.S. state has set aside is not addressed in the Canadian sources used for this guide, so this page does not say. IRCC or a Canadian immigration lawyer can address that question for a particular record. See setting aside an OWI and how long an OWI stays on your record.
Global Entry
CBP says an applicant may be ineligible for Global Entry if convicted of any criminal offense or with pending criminal charges or outstanding warrants, expressly including driving under the influence.[8]
Practical steps before a trip
- Gather certified copies of the judgment of sentence and proof that probation ended, so you can show what the sentence was and when it was completed.
- Apply well ahead of any planned trip.
- Do not misstate your record at the border. Answer questions truthfully.
- Noncitizens of the U.S. should also read OWI and immigration status.
- For a broader list of agencies and help lines, see the OWI help and resources directory.
Common questions
Can I go to Canada with a Michigan DUI?
You may be refused. The Government of Canada says a conviction for driving while impaired by alcohol or drugs, including cannabis, whether in Canada or outside it, may make a person inadmissible for serious criminality.[1] The options it describes are individual rehabilitation after five years, or a temporary resident permit for a compelling reason.[4][5]
Doesn't Canada forgive a DUI after 10 years?
Not for impaired driving committed on or after 18 December 2018. Deemed rehabilitation applies only to a single offense whose Canadian maximum is under 10 years, and impaired driving now carries a 10-year maximum.[3][2] IRCC says an older offense treated as ordinary criminality may qualify after 10 years.[3]
How long does criminal rehabilitation take and what does it cost?
IRCC says at least five years must have passed since the end of the criminal sentence, including probation, before applying, that a processing fee must be paid, and that applications can take over a year to process.[4] The rehabilitation fee amount was not verified for this guide; check the IRCC fee list before applying.
What is a temporary resident permit?
It is a permit an inadmissible person can apply for by showing a compelling reason to enter Canada that outweighs the risk.[5] Issuance is discretionary, the processing fee is C$200, and IRCC says even a valid permit does not stop border officers from refusing entry.[5]
Will a DUI affect my Global Entry or NEXUS-type travel?
U.S. Customs and Border Protection says a Global Entry applicant may be ineligible if convicted of any criminal offense or with pending criminal charges, expressly including driving under the influence.[8] The sources for this guide did not cover other trusted-traveler programs.
Sources
- IRCC, "Convicted of driving while impaired" (canada.ca, date modified 2026-07-23) — Government of Canada
- Criminal Code (Canada) ss 320.14(1), 320.19(1)(a); Immigration and Refugee Protection Act s 36(1)(b), 36(3)(a) — laws-lois.justice.gc.ca
- Immigration and Refugee Protection Regulations s 18(2)(a)(i)–(ii); IRCC impaired-driving page — laws-lois.justice.gc.ca
- IRCC, "Convicted of driving while impaired" and "Overcome criminal convictions" (canada.ca) — Government of Canada
- IRCC, "Convicted of driving while impaired"; IRCC Help Centre answer 143 (date modified 2026-09-28) — Government of Canada
- MCL 257.625(9)(a) — Michigan Legislature
- MCL 780.621c(1)(d)(i), (3) — Michigan Legislature
- CBP, "Global Entry — Eligibility" (last modified 13 Jan 2026) — cbp.gov
This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. In an emergency, call 911. For confidential help with alcohol or drug use, the SAMHSA National Helpline is 1-800-662-4357.