USC got a DWI (court case next month)

[L_n_O 3]

Hey all

My husband, the USC, got a DWI (court case next month). He was pulled over for a headlight and the cop smelt some alcohol on his breath and made him take a breathalyzer. He blew a 0.12 on the street & then a 0.14 an hour later at the station. He had 3 beers that night.

I'm not condoning his actions (so please keep the preaching to a minimum; He doesn't drink a single drink now since this happened b/c he realized how serious it all is and how easy it is to take for granted.)... but we're trying to move on and figure out what happens from here..

I just want to know if anyone has any personal experiences they could share.

He probably shouldn't even attempt to try to go into Canada for 10 yrs b/c most likely, they will turn him away at the border.. post the court date, of course..

Just want any input.

His DWI lawyer (who came highly recommended from a lawyer friend) didn't seem to know the Canada-US agreement... (a touch concerning!)

[Harsh_77 718]

I don't think a DWI would stop him at a border.

[Ted1234 0]

I don't think a DWI would stop him at a border.

I am afraid that you may have some problems with going to Canda my wife (USC) had a DWI in NYS and we tried to go to Canada and we were turned round at the border. The immigration officer said that she was banned for 10 years from crossing with just her passport, but she could apply for a visa after 5yrs and plea with immigration. Given that you are married and you are a Canadian citizen they may be more lenient - but i think you will have to apply for a visa. Although, if you have a great lawyer you have a chance that he may get off.... dont quote me on this just sharing my experience of DWIs and Canada.

[L_n_O 3]

I am afraid that you may have some problems with going to Canda my wife (USC) had a DWI in NYS and we tried to go to Canada and we were turned round at the border. The immigration officer said that she was banned for 10 years from crossing with just her passport, but she could apply for a visa after 5yrs and plea with immigration. Given that you are married and you are a Canadian citizen they may be more lenient - but i think you will have to apply for a visa. Although, if you have a great lawyer you have a chance that he may get off.... dont quote me on this just sharing my experience of DWIs and Canada.

I can travel to Canada with no problem (did so recently)... I just think that most likely he'll get turned away if he tries.

When you talk about having a great lawyer, do you mean for his upcoming court date on the DWI or for his visa issue in 5 yrs?

I just don't know what the charge would have to be "dropped down to" to not be a problem at the border for travel.

[Flames9_RN 358]

Its could be that he has no trouble at all for awhile then whammo he gets denied! Happened to a cdn friend of mine yrs ago when trying to enter the USA ( yes I know ur husband is the USA citizen,lol) He had entered before with no troubles, then on 1 visit, he got denied entry because of a DWI!

[Udella&Wiz 325]

<<HUGS>> to you girl - that's a rough lesson . Does it have the potential to affect his ability to travel elsewhere out of the US as well?

[L_n_O 3]

<<HUGS>> to you girl - that's a rough lesson . Does it have the potential to affect his ability to travel elsewhere out of the US as well?

That's a very interesting question.. I was wondering about that too.. Maybe someone else knows here??

It seems doubtful b/c so many people have DWIs and I can't imagine all these people never being allowed to leave their home country!

Our life has gotten very busy the last 4 months.

-Hubbers got his DWI in early Dec.

-Found out in mid Dec that we were very newly pregnant.

-Hubbers' dad lost his job in late Dec.

-Found out in early Jan that I have a small bleed near the placenta that I have to be careful of (no exercise, no lifting, no ahem-ahem either)

-My mom was hospitalized for 2 weeks in late January in Canada (so I just came back 2-3 days ago from being with her in the hospital about 13 hours everyday for the last 2 weeks)

-Court date for DWI next month. YAY!!! sigh.

Way to keep the stress down in my first pregnancy!

[Ted1234 0]

Sorry i probably did not make myself clear, I meant because he is married to you he may be able to travel with you to Canada. You will always be allowed to go back. Canada is so strict on all of this its pointless really - sometimes its just a mistake/ mis-judgement - should you be punished in this way for 10 years? Anyway, I meant to get a good lawyer for the DWI and probably the visa too, but he may get lucky and it may be reduced to a traffic moving violation and asked to go to driving school and to DMVs Alcoholic Anomonyous - that happens too.. but if it is his first offense he may get lucky. However, nowadays DWI are a business to the US and so much money is made from convictions. But you never know you may just get lucky when going across the border- as mentioned on this thread they may not even bother you.... I am sorry to hear you have had some much on your plate - and by the sounds of it you should taking it easy... it will all work itself out i am sure... let us know how it all goes. I hope everything works out for you and that the court hearing goes well... just be very sorry.....

[Krikit 1,165]

Oh, Lizelle. I am so sorry.

Take a look at all the FAQ's on this link:

Visitors to Canada: Overcoming Criminal Inadmissibility

His best bet is to retain an excellent lawyer as he will not be able to apply for rehabilitation until five years after the completion of any imposed sentence. Please let us know how things work out. Congratulations on the pregnancy and try to take care of yourself. I am so sorry for all that you are going through at this time. (F)

[L_n_O 3]

Sorry i probably did not make myself clear, I meant because he is married to you he may be able to travel with you to Canada. You will always be allowed to go back. Canada is so strict on all of this its pointless really - sometimes its just a mistake/ mis-judgement - should you be punished in this way for 10 years? Anyway, I meant to get a good lawyer for the DWI and probably the visa too, but he may get lucky and it may be reduced to a traffic moving violation and asked to go to driving school and to DMVs Alcoholic Anomonyous - that happens too.. but if it is his first offense he may get lucky. However, nowadays DWI are a business to the US and so much money is made from convictions. But you never know you may just get lucky when going across the border- as mentioned on this thread they may not even bother you.... I am sorry to hear you have had some much on your plate - and by the sounds of it you should taking it easy... it will all work itself out i am sure... let us know how it all goes. I hope everything works out for you and that the court hearing goes well... just be very sorry.....

Ya, it's his first offence.

We're hoping we get a somewhat sympathetic judge who will cut him a break since it's a 1st offence...

Thx for your help

[L_n_O 3]

Oh, Lizelle. I am so sorry.

Take a look at all the FAQ's on this link:

Visitors to Canada: Overcoming Criminal Inadmissibility

His best bet is to retain an excellent lawyer as he will not be able to apply for rehabilitation until five years after the completion of any imposed sentence. Please let us know how things work out. Congratulations on the pregnancy and try to take care of yourself. I am so sorry for all that you are going through at this time. (F)

Thanks for the link! I thought we had to wait the 10 yrs for sure, didn't know we had a chance to do the 5 yrs..

[coraliesolms 47]

My hubby (USC) has a DUI.. and they told him thanks but no thanks at the border. In 2 years we can apply for what is called "rehabilitation" where you have to file paperwork to show that you are offense free yadda yadda.

Im sorry, it sucks. My hubby couldnt visit me all the time I was in Canada while we were waiting for my visa. They actually got pretty snarky with him at the border, and put him on the next plane back to San Fran (but I think that has more to do with his attitude after they told him "no").

The good news is it can be fixed, the bad news is, it takes a few years.

Sorry you had to deal with this on top of an already stressful time.

[maggieb 4]

I don't think a DWI would stop him at a border.

My Fiance was "detained" at the border for 2 hours and "talked" to by 3 different borders guards, he has had no convictions in the last 10 years but has 2 past DUI, of 1989 and 1999, the borders guards state that he needs to have the 2 DUI's, pardoned by the Canadian Consulate, they need to have ALL addresses that he has lived at since age of 16 (he's 61 now), and 200-1000 bux a pieces for each pardon. The guards stated he can't cross without the pardons, if he tries ban for life. Nice treatment for a retired navy and prison guard.

[SapphireDreams 71]

I know of someone whose husband has a DWI as well and they have visited Canada a few times with no problem at the border (driving) and then recently denied as well. He actually didn't even know he wasn't allowed in Canada based on the DWI until the last time he was denied!