May 24, 2025
Impaired Driving & Immigration: Key Facts
What Changed Under Bill C‑46
- From December 18, 2018, Canada increased the maximum penalty for impaired driving (including drug- or alcohol-related) from 5 to 10 years in prison.
- This change reclassified impaired driving as “serious criminality” under section 36(1) of the IRPA for all convictions after that date.
What It Means for Non‑Citizens
- Permanent residents and foreign nationals convicted of impaired driving (committed on or after Dec 18, 2018, or abroad under equivalent law) are considered inadmissible due to serious criminality and may face loss of status or deportation.
- Even a first-time offence with no injuries or fines only, if it’s post‑Bill C‑46, triggers inadmissibility—regardless of the actual sentence length.
Rehabilitation: No Automatic Relief
- Deemed rehabilitation (automatic relief after 10 years) is no longer available for impaired driving offences committed on or after December 18, 2018.
- Those offences will remain inadmissible even decades later, unless formal rehabilitation or a Temporary Resident Permit (TRP) is granted.
Appeals Are Limited
- Permanent residents sentenced to 6+ months imprisonment have no appeal rights to the Immigration Appeal Division (IAD) under IRPA s. 36(1).
- Some discretion exists for officers in lower-sentence cases (<6 months) or under special circumstances—but serious criminal cases are treated strictly.
User Experiences & Pre‑2018 Scenarios
- Pre‑Dec 2018 DUI convictions were considered “ordinary criminality”, eligible for rehabilitation after 10 years following sentence completion.
- Reddit users describe that convictions before the 2018 cutoff may still qualify for deemed rehabilitation after 10 years, but cannabis or alcohol offences post-2018 do not.
- One user noted that a California DUI dismissed under section 1203.4 may be treated akin to a “record suspension” in Canadian eyes—but border officers may still deem inadmissible; rehabilitation may only occur 10 years from sentence completion (~Aug 2028).
Summary Table
| Scenario / Timing | Immigration Consequence | Notes |
|---|---|---|
| DUI committed before Dec 18, 2018 | Ordinary criminality → possible deemed rehabilitation | If only one conviction and >10 years since sentence |
| DUI committed on/after Dec 18, 2018 | Serious criminality → inadmissible | No automatic rehabilitation; no appeal if sentenced ≥6 months |
| DUI conviction reducible/reactivated | Likely still inadmissible; review required | Case-by-case; officer discretion possible |
| Multiple convictions | Permanent inadmissibility unless TRP/rehab obtained | Even if >10 years elapsed |
What You Can Do
- Check the date of conviction: Pre-2018 may allow rehabilitation; post-2018 is automatically inadmissible.
- Consider Criminal (Individual) Rehabilitation: Earliest eligible 5 years after sentence, but processing can take months or years.
- Explore Temporary Resident Permit (TRP): For urgent travel or one-time entry if eligible.
- Be completely honest on IRCC forms: A dismissed or reduced charge still must be disclosed to avoid misrepresentation risk.
- Consult an immigration lawyer: Especially if your sentence was ≥6 months or multiple offences are involved.
Final Thoughts
Canada’s legal reform (Bill C‑46) significantly heightened the immigration stakes around impaired driving. Any conviction on or after December 18, 2018, is now serious criminality, leaving no path for deemed rehabilitation, and may impact admissibility and appeal rights permanently. If your conviction predates this date, rehabilitation may still be possible—but time and transparency matter.
