If you’ve been charged with impaired driving in Ontario, your first thoughts might be about losing your driver’s licence or receiving a criminal record. But there’s another potential consequence that could be even more devastating, the permanent loss of your ability to enter the United States.
In June 2025, the U.S. House of Representatives passed a new piece of legislation called the Protect Our Communities from DUIs Act (H.R. 875). If this Bill becomes law, DUI conviction USA entry rules would change so that a single impaired driving conviction in Canada could permanently bar you from entering the United States.
The bill’s language is broad. It applies not only to recent offences but also to convictions from many years ago, and even to situations where someone has admitted guilt to the essential elements of a DUI offence. The legislation now sits with the U.S. Senate Judiciary Committee, awaiting further consideration.
What the Law Says Now – And How It Could Change
Current policy:
At present, U.S. immigration law does not automatically deny entry to Canadians with a DUI conviction in Ontario or elsewhere. A single conviction for impaired driving by alcohol is generally not considered a crime of moral turpitude or an aggravated felony under American law. In practice, border officers exercise discretion. Many Canadians with old DUI records continue to enter the U.S. without incident, although there is always some risk of denial depending on the officer and circumstances.
Under the proposed H.R. 875, this discretion would effectively disappear. The legislation would make any non-U.S. citizen permanently inadmissible to the United States who has either:
- Been convicted of driving while impaired, or
- Admitted to having committed the essential elements of a DUI offence
That means even a single impaired driving conviction from decades ago could prevent you from visiting family, attending a business conference, or taking a vacation south of the border. The potential reach of this bill is unprecedented and, for Canadians, its consequences could be lifelong.
Why This Matters for Ontario Drivers
The risk of this proposed change isn’t theoretical. If enacted, H.R. 875 would fundamentally alter cross-border travel for Canadians. A single DUI conviction in Ontario, even from a first offence, could be enough to permanently close the U.S. border to you.
Consider the ripple effects:
- Business travel could end overnight, especially for professionals who regularly attend meetings or conferences in the U.S.
- Family visits to children, parents, or relatives living across the border could become impossible.
- Vacations and leisure trips to destinations such as Florida, New York, or California would no longer be an option.
The bill also covers admissions of guilt, meaning that even a poorly handled plea to a lesser offence could trigger the same travel ban. The cost of DUI conviction would no longer be limited to fines, insurance premiums, or a criminal record. It could mean losing the ability to cross the border for the rest of your life.
How to Protect Yourself Starting Now
The only sure way to prevent H.R. 875 from affecting your future travel is to avoid a criminal DUI conviction altogether. In Ontario, this can happen in two main ways:
- Fighting for a full acquittal at trial.
Challenging the evidence, police procedure, or testing process may lead to a complete dismissal of the charge. - Negotiating a reduction to a non-criminal offence, such as careless driving under section 130 of the Highway Traffic Act.
This option avoids a criminal record, but it must be handled carefully. Even on a plea to careless driving, the agreed-upon facts must be drafted with H.R. 875 in mind to ensure they do not trigger the inadmissibility provisions.
Both approaches require a lawyer who not only understands impaired driving law but also recognizes how a conviction in Ontario could have far-reaching implications beyond Canada’s borders.
The AveryLaw Advantage
At AveryLaw, Christopher Avery approaches every impaired driving case as though it could go to trial. That trial-first mindset, built on more than 23 years of courtroom experience, often leads to stronger negotiations and more favourable outcomes.
Every detail of the disclosure, from police notes to breath test procedures, is examined for credibility, legislative compliance, and potential Charter violations. This thorough preparation helps create the strongest possible position to pursue a non-criminal resolution and protect your long-term interests, including future travel to the United States. Christopher Avery is one of the few Canadian members of the American National College of DUI Defence Lawyers. As such, he has access to legislative developments and a network of American specialist attorneys that work in both the DUI and immigration fields.
Don’t Wait Until It’s Too Late
The Protect Our Communities from DUIs Act (H.R. 875) is currently moving through the U.S. legislative process. If enacted, it may apply retroactively, affecting convictions that occurred long before the bill became law. Once in force, there may be no way to undo its impact on existing records.
If you are facing an impaired driving charge today, the time to act is now. Once a conviction is entered, the border consequences could be permanent.
Protecting your travel, career, and future starts before you plead guilty or accept a resolution without understanding its potential implications. Early, informed legal advice is essential.
Moving Forward With the Right Guidance
A DUI charge is always serious, but with this proposed U.S. legislation, its potential impact has never been greater. The cost of DUI conviction could soon extend far beyond Ontario’s courts, closing doors to business, family, and personal opportunities across the border.
If you have been charged, seek legal advice immediately. A well-planned defence can make the difference between a conviction that follows you for life and an outcome that allows you to move forward.
Contact AveryLaw today for a confidential consultation. One charge does not have to define your future or limit where it can take you.
