Reckless or negligent driving in Washington and entering Canada: how Canada compares the offence, and what to do

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 11, 2026

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.

Updated November 10, 2026: section 36 of the Act, sections 320.13, 320.14 and 320.19 of the Criminal Code, RCW 46.61.500 and 46.61.5249, and section 144 of BC’s Motor Vehicle Act checked that day.

If you were convicted of reckless driving or negligent driving in Washington, often after a DUI charge was reduced, you may still have a problem entering Canada. Canada compares the foreign offence with Canadian criminal law. Reckless driving in Washington means driving “in willful or wanton disregard for the safety of persons or property”, which can look like dangerous operation of a conveyance in the Criminal Code, an offence with a maximum of 10 years. Negligent driving in the first degree involves driving negligently while showing the effects of alcohol, cannabis or drugs, and how Canada treats it depends on the facts. Careless driving that would only break a provincial traffic law in Canada does not make you inadmissible.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, near the Washington crossings, advises US drivers with criminal records on entering Canada; this guide is by Sundeep S. Grewal.

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How does Canada compare the offence?

Reckless driving (RCW 46.61.500, a gross misdemeanor of up to 364 days in jail). A Washington reckless driving conviction can be equivalent to dangerous operation under section 320.13 of the Criminal Code, which carries up to 10 years, if the evidence shows the driving was dangerous to the public and a marked departure from how a reasonable driver would have driven in the circumstances. The Washington offence is broader than the Canadian one, so the facts matter. If the conduct amounts only to a provincial traffic offence, such as driving without due care and attention under section 144 of BC’s Motor Vehicle Act, it does not create criminal inadmissibility under section 36.

Negligent driving in the first degree (RCW 46.61.5249, a misdemeanor). It requires negligent driving that endangers or is likely to endanger a person or property, together with signs of alcohol, drug or other intoxicant use. Washington can prove those signs with evidence such as an odour of alcohol and recent use. Canadian impaired operation under section 320.14(1)(a) requires that your ability to drive was actually impaired, even slightly. So the conviction may be equivalent to impaired operation if the evidence shows impairment, or to dangerous operation if the driving itself meets the test above. The fact that the original charge was a DUI does not, on its own, establish either Canadian offence.

Why this needs a lawyer

One lawyer, one file, every step:

• comparing the Washington statute, charging language and facts with Canadian law;
• a written opinion you can carry if the offence has no Canadian equivalent;
• a temporary resident permit if it does and you must travel;
• criminal rehabilitation once you are eligible.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

What are my options?

1. Get the full court file: the original charge, the amended charge, the plea statement and the judgment.
2. Get an equivalency opinion before you travel, especially if the charge started as a DUI.
3. If it counts, a temporary resident permit for the trip.
4. Criminal rehabilitation once at least five years have passed since the whole sentence was completed.
5. If it does not count, carry the records and the opinion and answer CBSA’s questions honestly.

Washington driving offences at a glance

Worked example: the reduced charge

Example. A Bellingham driver charged with DUI in 2021 pleaded guilty to negligent driving in the first degree. Before a trip to Vancouver on Friday, February 5, 2027, she gets the original charge, the amended charge and her plea statement. Her lawyer checks whether the record shows actual impairment or dangerous driving, compares it with Canadian law and writes a short opinion. She carries the documents and answers CBSA’s questions honestly.

Mistakes I have seen

• I have seen drivers assume a reduced charge means “no record” for Canada.
• I have seen drivers bring only the final judgment, without the plea statement that shows the facts.
• I have seen drivers wait until a refusal at Peace Arch before getting advice.

Frequently asked questions

Is a “wet reckless” treated like a DUI?

Not necessarily. It depends on the statute and on what you admitted in the plea. The documents matter more than the label.

I did a deferred prosecution in Washington. Does that help?

It has its own rules. See our guide on Washington DUI deferred prosecution.

Can I be deemed rehabilitated?

Possibly, for a single old offence whose Canadian equivalent carries a maximum under 10 years, 10 years after the sentence was completed. Dangerous operation now carries 10 years, so the offence date matters.

Related guides

See our guides on entering Canada with a DUI, a pending US DUI charge and being turned back at a BC crossing.

What should I do right now?

Order the complete court file, including the original charge and plea statement. Note when your sentence was completed. Get an opinion before your next trip.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Immigration and Refugee Protection Act, s. 36 (current to October 19, 2026)
• Criminal Code, s. 320.13 and s. 320.19 (current to October 19, 2026)
• BC Motor Vehicle Act, s. 144
• Revised Code of Washington 46.61.500 (reckless driving) and 46.61.5249 (negligent driving, first degree)

This article is general information, not legal advice. Every case depends on its own facts.