Hidden Consequences of A DWAI: A True Story

Despite the scenic beauty, I would not recommend riding Amtrak from New York City to Montreal. To travel these 360 miles, you will spend about 11 hours, and not because the train runs slowly. The biggest reason for the tedious trip is the wait to clear customs at the Canadian border.

How long will this take? It depends on how many people on your train are “processed” at the border and turned back- because Canada communicates its travel policies so poorly, and maybe doesn’t even understand them.

Perhaps alone among countries in the world, Canada does not allow entry to travelers who have had any alcohol-related driving charges in recent years, including non-criminal traffic violations and dropped charges. On my train, three such people were processed and denied entry, including me- while everyone else waited.

About 35 minutes after Canada Border Services Agency (CBSA) officers boarded our train and began checking passports, I was granted an interview in the shed nearby to learn Canada’s procedures. Here’s how it went:

Officer: “Tell me about your criminal record in the U.S.”

Me: “I have no criminal record in the U.S.”

Officer: “That’s not true. It’s illegal in Canada not to tell the truth about this.”

Me: “I don’t have a criminal record. Two years ago, I was charged with in New York State with Driving While Intoxicated (DWI), a criminal misdemeanor. The charge was then dismissed and reduced to Driving While Ability Impaired (DWAI), a non-criminal traffic infraction for a first offense.”

Officer: “That equivalent to an ‘indictable offense’ in Canada. You are denied entry.”

Actually, it isn’t equivalent to an indictable offense. Canada is a land where young people can legally drink at age 18 or 19, and where police don’t bat an eye unless you drive with blood alcohol content (BAC) above .08. DWAI in New York State means a conviction based on BAC above .05 and less than .08. But no matter the details. It’s not the actual legal outcome that matters to CBSA. It’s the perception of criminality.

About 20 minutes after this first interview, we endured another one, in which my wife was told that she could stay on the train and legally enter Canada. But she refused- which I’m sure many families and tour groups ultimately decide to do, rather than being split up. Finally, with all criminals and their kin and baggage rounded up, the train chugged off toward Montreal. We were put into a CBSA van and driven back into the U.S., where we were able to catch a Greyhound bus for Plattsburgh, NY.

According to immigration attorneys, this isn’t the only non-criminal offense that can get you kicked off the train to Canada. But there’s really no definitive list of them, and the perceptions of CBSA officers at the border apparently matter a lot. If they think you have a criminal record, you do. Even if you’ve never been found guilty of anything, the officers may glance at their sheet, see a charge, and decide you are inadmissible to Canada.

At that point, you will not be allowed back in Canada for 10 years from the alleged conviction, unless you pay a fee and humbly request to be “rehabilitated.” If your application for rehabilitation is approved by the government, you then may enter Canada after waiting five years. Ah, but what about celebrities, athletes and corporate CEOs who might be perceived by CBSA to have criminal records? Starting this year, qualified individuals may apply for a Temporary Resident Permit (TRP) for a one-time visit. But you must make this application well in advance. The CBSA won’t hold the Amtrak while you wait for approval (or not).

So, what did we do after being left by Greyhound at a seedy Motel 8 for the night? The next morning, we took our 100% good New York State drivers’ license and rented a car from Enterprise in Plattsburgh. (They picked us up!) We then booked a hotel in Lake Placid and spent three days exploring the magnificent Adirondack Park, having a blast. If you are ever dumped at the border, I’d highly recommend this strategy.

Friends have asked whether I would like to see the U.S. retaliate against Canada by putting similarly arbitrary, punitive travel restrictions on Canadians. There are two answers.

The first is that I think Canada’s conduct is pointless except to inflict harm in different degrees on three types of people. The first type is someone like me who experiences a little inconvenience. I’ve spent four family vacations in Canada, all great. But after this, Canada has dropped to the bottom of my list of Countries to Ever Visit, and there it will stay. Lesson learned and no big loss.

The second type consists of travelers on trains and buses, who must endure long waits at the border while CBSA goes through its song-and-dance. Remember, the train doesn’t move until everyone is either on or off.

The biggest victims of this mess, by far, are Canadian businesses and taxpayers, who are losing millions of dollars of cross-border business opportunities and tourism revenues, while also incurring the high cost of CBSA enforcement.

The second answer: I would hate to see the U.S. go down this road by barring travel opportunities to Canadians or any other people. The ability to plan foreign travel with confidence is one of the really nice things about the modern world. As long as we clearly understand where we can and can’t go abroad, we will make decisions to spend our time and money where we are welcome.