Can I Get Deported From Canada for Drunk Driving?

As an immigrant in Canada, you probably realize that you’re under more scrutiny than most. Immigration authorities have a responsibility to keep their country safe—and to prevent nefarious individuals from entering it. One of the ways they do this is by restricting access to people with a criminal past.

If you’re a foreign national wishing to travel or move to Canada, a criminal record could prevent you from gaining entry. If you’re a non-citizen already living in Canada, committing certain crimes could result in your removal from the country.

As of 2026, impaired driving remains a serious immigration issue. Under section 36 of the Immigration and Refugee Protection Act, a permanent resident or foreign national may be inadmissible for serious criminality if they are convicted in Canada of an offence punishable by a maximum term of imprisonment of at least 10 years, or if they receive a term of imprisonment of more than six months.

Up until recently, only certain categories of crimes were considered serious enough to warrant deportation or inadmissibility to Canada. These included:

• Certain theft and property crimes—such as robbery or breaking and entering
• Certain violent crimes—such as assault or manslaughter
• Drug crimes, as outlined in the Controlled Drugs and Substances Act

However, due to a change in the law, which went into effect on December 18, 2018, impaired driving now falls under the category of “serious criminality.” For non-citizens residing in Canada, this law means that you could face deportation if you’re convicted of drunk or drugged driving on or after this date.

Why Impaired Driving Can Lead To Serious Criminality In 2026

When serious criminality is determined, the key point is the maximum possible punishment under Canadian law, not only the sentence a person actually receives.

The Criminal Code impaired driving offence applies to operating a conveyance while impaired by alcohol, drugs, or a combination of both. Under the current punishment provision, an impaired driving offence under subsection 320.14(1) may be prosecuted by indictment and carries a maximum term of imprisonment of 10 years.

Because the maximum penalty reaches the 10-year threshold, a single impaired driving conviction can have consequences beyond the criminal case itself. For permanent residents, work permit holders, study permit holders, visitors, and other foreign nationals, the immigration consequences should be considered before any plea or resolution is accepted.

Are All Impaired Driving Offences Treated Equally When it Comes to Immigration Status?

In most cases, there is little consideration for the type or severity of an impaired driving offence. It will apply even if:

• It was your first offence
• Your impaired driving did not cause an accident
• Your impaired driving did not injure someone else

This does not mean that every case will unfold the same way. A person’s immigration status, criminal record, sentence, timing of the conviction, and available defences or immigration remedies can all matter. However, the risk is serious enough that anyone planning to immigrate to Canada or currently residing in Canada should seek advice early, preferably before making decisions in criminal court.

How Does a Charge Differ From a Conviction?

It should be noted that being charged with impaired driving will not automatically result in deportation or criminal inadmissibility to Canada. A conviction is necessary to trigger such immigration penalties. Therefore, avoiding a conviction is critical.

That said, a charge alone can still create practical immigration issues while it is unresolved. It may need to be disclosed in some immigration applications, and it may affect the timing or strategy for temporary residence, permanent residence, or citizenship planning. If you have been charged, it is important to obtain legal advice before submitting new immigration forms or responding to immigration officers.

Can Canadian Permanent Residents Be Deported For Drunk Driving?

Permanent residents are not treated the same as Canadian citizens. A Canadian citizen cannot be removed from Canada for a criminal conviction. A permanent resident, however, can face an inadmissibility report, an admissibility hearing, and a removal order if the conviction meets the legal test for serious criminality.

Appeal rights can also be affected by the sentence. Section 64 of the Immigration and Refugee Protection Act limits access to the Immigration Appeal Division for certain serious criminality cases, including where the crime was punished in Canada by a term of imprisonment of at least six months. This is one reason sentencing strategy and immigration strategy should be coordinated jointly from the start.

Can Visitors, Workers, And International Students Be Deported for Impaired Driving?

Foreign nationals, including visitors, workers, and international students, may also face serious consequences from an impaired driving conviction. Depending on the circumstances, a conviction may lead to refusal of an application, loss of temporary resident status, removal from Canada, or difficulty returning to Canada after travel.

For people outside Canada, a past DUI or similar foreign offence may also create criminal inadmissibility when trying to enter Canada. The legal analysis when it comes to your case can depend on:

• The foreign law
• The Canadian equivalent offence
• The date of the conviction
• The sentence received
• Whether options such as a temporary resident permit or criminal rehabilitation may be available
• And more

How Can an Immigration Lawyer Help With Impaired Driving Charges and Deportation?

Most people think that if they’re arrested for a crime, they should contact a criminal defence lawyer for help. However, the situation is different for immigrants. As an immigrant facing criminal charges, you need a two-pronged legal strategy. You need a legal team comprised of both a criminal defence lawyer and an immigration lawyer.

A criminal defence lawyer is an expert who will help you to avoid a trial or conviction. However, such lawyers do not have a deep understanding of immigration law. If a criminal defence lawyer is your only legal counsel, they could advise you to accept a certain plea deal or admit to certain facts without realizing how such actions could affect your ability to stay in Canada.

A Canadian immigration lawyer, on the other hand, can be extraordinarily valuable in such circumstances. Your immigration lawyer can partner with your criminal defence lawyer to devise a legal strategy that best protects your immigration status. If necessary, your immigration lawyer can also support an appeal of your case to the Immigration and Refugee Board.

Speak With A Vancouver Immigration Lawyer About Drunk Driving And Deportation Risk

The law places additional pressure on Canadian immigrants to avoid even a slight misstep with the law. However, having the right legal team can help you safeguard your immigration status after an arrest, charge, or conviction.

If you are worried about whether an impaired driving charge could affect your ability to stay in Canada, contact Border Solutions Law Group. Our Vancouver immigration lawyers can review your circumstances, explain the immigration risks, and help coordinate a practical strategy with your criminal defence counsel. To schedule a consultation, call 604-684-4211 or contact us online.

This article is general information only and is not legal advice. Immigration consequences depend on the facts of each case.