Getting a Pardon from the Queen of England for a Minnesota DWI

Well, maybe not exactly the Queen; but at least the government of Canada.

I’m no expert in international law, and my license to practice law only extends to the borders of Minnesota. However, I keep hearing stories about people who have received DWIs in Minnesota and who then have trouble getting across the Canadian border. It seems to be especially difficult if one wants to bring a gun and go hunting.

Apparently a DWI which we classify as a misdemeanor is considered to be a felony in Canada. Canadian law will keep a person from being able to enter that country for at least five years from the date of the conviction. After the five years expires, a Minnesotan can apply for “criminal rehabilitation” through a detailed and difficult process that looks to me to be a lot like applying for a pardon. One basically has to prove that probation is over, all fines are paid, all sentences served, and there’s a good reason to believe it won’t ever happen again. Hiring a Canadian lawyer for help with this would probably be a good idea. I understand there are law offices in Winnipeg that do quite a business in this sort of thing.

For a $200 fee the folks at the border station can issue a temporary pass even though the DWI is on the record, but this is up to the border officer’s discretion. There’s no way to know until you get there whether or not you will be allowed to cross the border. Again, I have heard stories about the border agent saying that entering the country was OK, but not with a gun; and don’t plan on hunting or carrying a weapon while on the Canadian side of the border. This can be really bad news for someone who pays big bucks for a fancy hunting trip deep into the Canadian wilderness.

The fact that this problem is out there is yet another reason why nobody in this state should go anywhere near a courthouse without a lawyer. If there is a DWI charge, but it is reduced to Careless Driving, crossing the border isn’t a problem. It’s only if it’s a straight DWI and not reduced to a lesser charge that this problem might arise. So if you should happen to get a DWI in Minnesota, and you are a person who regularly travels to Canada for work or recreation, make sure your lawyer knows about that part of your life – and of course make sure you have a lawyer.

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