Usually not without permission, and a deferred prosecution does not solve it. Canada treats impaired driving as serious criminality. A Washington DUI conviction makes you inadmissible. Because a deferred prosecution requires you to stipulate to the police report, a border officer may treat it the same way, even after the charge is dismissed.
How a Washington DUI looks to Canada
In Washington, a first DUI is a gross misdemeanor, and it becomes a felony after three or more prior impaired driving offences within 15 years. Canada ignores those labels. Impaired driving committed on or after December 18, 2018 carries a maximum of 10 years in Canada, which makes it serious criminality under Canadian immigration law.
Deferred prosecution (RCW 10.05)
A deferred prosecution keeps a DUI from becoming a conviction in Washington if you complete treatment. The charge is dismissed at the earliest 5 years after the order, once treatment and the court’s conditions are complete.
To get one, you sign a statement that stipulates to the facts in the police report. Canadian law does not need a conviction. A person is also inadmissible for committing an act outside Canada that would be serious criminality here. An officer can rely on your stipulation as proof of that act.
In practice:
- While the deferred prosecution is open, expect to be treated like someone with a pending DUI charge, or with the act already proven.
- After dismissal, the dismissal helps, but it does not erase the stipulated facts. You may still need criminal rehabilitation or a TRP.
Reduced charges
| Washington outcome | How Canada may see it |
|---|---|
| DUI conviction | Serious criminality (offences on or after Dec 18, 2018) |
| Deferred prosecution, open or dismissed | May be treated as committing the act of impaired driving |
| Reckless driving | May match dangerous operation, also serious criminality |
| Negligent driving | Often no Canadian criminal equivalent, but the facts in your records still matter |
The result turns on the exact charge and the court documents, not the name of the offence.
Your options
- Criminal rehabilitation: a permanent solution. You can apply 5 years after your sentence was completed, or, for an act with no conviction, 5 years after the act.
- Temporary resident permit (TRP): for a specific trip with a good reason, such as work in Vancouver or a family event, while you are inadmissible. See Temporary resident permit for Americans.
- Deemed rehabilitation: generally not available for impaired driving on or after December 18, 2018.
Get your records before you cross
Ask the court for the charging document, the judgment or deferred prosecution order, and proof of every condition you completed: treatment, fines, probation and any licence suspension. Washington courts can take weeks to answer.
Close to the border
Our Surrey office is minutes from the Peace Arch and Pacific Highway crossings, and our Abbotsford office is minutes from Sumas. We work with Washington clients by phone and video, and meet in person in BC. See our page on entering Canada with a DUI or criminal record, or book a consultation.
Related: Can you go to Canada with a DUI? and Criminal rehabilitation in Canada.
FAQ
Is a Washington deferred prosecution a conviction in Canada?
Not a conviction, but you stipulated to the police report facts, so an officer may find that you committed the act of impaired driving.
My DUI was reduced to negligent driving. Can I go to Canada?
Often yes, but bring the court records. The officer looks at the facts, not just the final charge.
Can I explain my deferred prosecution at the Peace Arch?
You can be refused entry. If you are asked about your record, answer accurately: misrepresentation brings its own five-year ban.