FT Sessoms

(612) 344-1505

Minnesota DWI & Drunk
Driving Defense Attorney

Why Should I hire F.T. Sessoms as my Minnesota DWI lawyer?
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What should you do if you are stopped for drunk driving in Minnesota?
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Why have I been charged with a number of offenses?
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What should you do if you are arrested for drunk driving in Minnesota?
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How can I get a limited license or "Work Permit"?
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When am I eligible for a limited license?
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When does Miranda apply? Or, "The police did not read me my rights!"
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What is the difference between "DWI" and "DUI"?
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How can I challenge the revocation of my license?
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What are the criminal penalties for "driving while impaired"?
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How do you determine your blood alcohol concentration level?
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Is my vehicle subject to forfeiture?
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Why should I fight my arrest, license revocation and/or forfeiture?
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Should I refuse to submit to chemical testing?
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What is the Status of the Minnesota Intoxilyzer Source Code Litigation?
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If I Have A DWI or Similar Conviction, Am I Eligible to Enter Canada?
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What Are "Aggravating Factors" in a DWI Case?
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What is AWI, SWI, And BWI?
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Why should I hire F.T. Sessoms as my Minnesota DWI lawyer?
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What Happens if I Get A DWI While Driving A Commercial Vehicle:
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What if I am not Driving a Commercial Vehicle but I own a Commercial License and I get arrested for a DWI?
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What Happens if I Drive Under The Influence And Someone Gets Hurt or Killed?
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If I Have Drugs In My System Can I be Charged With DWI?
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How Can I Obtain and Immediate Release From Jail?
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What Is The Difference Between the DWI and The Implied Consent Loss Of My Driver’s License?
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DWI Plate Impoundment or Will I Need to Get Whiskey Plates?
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What Happens If You Are From Another State and Get A DWI in Minnesota?
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What Are the Consequences of A Felony DWI?
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What Is the Minnesota Open Bottle Law?
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What Constitutes the Offense of Underage Drinking & Driving?
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FT Sessoms

If I Have A DWI or Similar Conviction, Am I Eligible to Enter Canada?

All felonies and most misdemeanor convictions, no matter how long ago they occurred (including a DWI or DUI or Careless Driving with an alcohol related license revocation), make a person ineligible to enter Canada.  But there are three ways to legally enter Canada if you have a criminal conviction on your record:

 1. Deemed Rehabilitation;

2. Approval of Rehabilitation by Canadian Consulate in the United States, or;

3. A Temporary Resident Permit.

 

DEEMED REHABILITATED:

 A person is “deemed rehabilitated” if:

 (a) More than 10 years have elapsed since the completion of their sentence.  (For example, if the individual was arrested for DWI in 2000 and was convicted in 2001 but the probationary period did not end until 2005, the individual would not be eligible for “deemed rehabilitation" until 2015), and;

 (b) The individual only has one conviction on their record.

“Deemed Rehabilitation” can be determined at any Canadian port of entry but requesting deemed rehabilitation does not guarantee that it will be approved.  If you would prefer to know ahead of time if you will be “deemed rehabilitated”, you may apply for rehabilitation at the Canadian Consulate in Detroit, Michigan.   Wherever you apply for the “deemed rehabilitation”, you must complete the Rehabilitation Application Form; provide your passport and a copy of your judgment of conviction showing the date of the offense, conviction and that all terms and conditions (including probation) have been completed.

 APPROVAL OF REHABILITATION BY THE CANADIAN CONSULATE:

 If you are not eligible to be “deemed rehabilitated” because less than 10 years have elapsed or because you have more than one conviction on your record, you may still apply for “approval of rehabilitation” by the Canadian Consulate in Detroit.

 To be eligible for “approval of rehabilitation” by the Canadian Consulate:

 1. More than 5 years must have elapsed from the completion of your criminal sentence, with proof of same;

 2. The Rehabilitation Application Form must be completed.

 You must apply for rehabilitation well in advance of your trip to Canada as routine applications can take months to process.

TEMPORARY RESIDENT PERMIT:

If you do not qualify for “deemed rehabilitation” or for the “application for rehabilitation” you may still enter Canada if you have obtained a “Temporary Resident Permit”.  You must apply for the temporary residency well in advance of your trip to Canada as routine applications for the Permit can take months to process.  Here is a copy of the temporary resident permit.

CANADIAN CONSULATES TO APPY FOR ADMISSION:

Immigration and visa services are only provided by the Canadian Offices located in New York City, Washington D. C., Buffalo, Detroit, Los Angeles, and Seattle.  Contact the office closest to you to complete the application process.

ONE TIME FEE EXEMPTION FOR A TEMPORARY RESIDENT PERMIT:

Effective March 1, 2012, Canada announced a policy that allows the grant of a one-time fee exemption for a Temporary Resident Permit for DWI offenders.  To be eligible for the one-time exemption the person:

1.  Was convicted of an offense and received no term of imprisonment (jail), and;

2.  Has no other convictions on his or her record.

This is a one-time fee exemption only.  Or as stated by the rule: "The delegated authority should counsel the foreign national that the next time they seek to enter Canada, the fee exemption will not apply and that they should look into potential mechanisms to overcome their inadmissibility".

For answers to all of your Minnesota DWI and DUI questions, please call Minnesota DUI Lawyer F. T. Sessoms at (612) 344-1505 today.