Most people understand that the consequences of a drinking and driving conviction go beyond fees, penalties, and jail time. A DUI on your record—whether as a felony DUI or misdemeanor conviction—may also make it more difficult to find employment or a place to live.
Another concern you might not be aware of is traveling internationally with a DUI on your criminal background. DUI travel restrictions may impact your plans even if you have an otherwise clean criminal history. If you’re facing a DUI charge and traveling abroad for business or pleasure, it’s vital to understand international travel DUI laws to prevent disruption to your plans.
The Law Offices of Michael Pignone represent those facing criminal charges, including DUIs. Our experienced attorneys can provide the guidance you need throughout your DUI case. In this blog post, we discuss how a DUI conviction can impact your ability to travel and how to fight charges raised against you.
Understanding DUI Travel Restrictions
What Is a DUI Conviction and How Does It Affect Travel?
A DUI conviction is often the result of impaired driving when a person gets behind the wheel of a motor vehicle while they’re above the legal limit. It’s important to understand that a DUI conviction, as well as any other criminal conviction, may limit or prevent travel to certain countries.
Drunk driving criminal convictions are a common reason for an immigration officer to deny foreigners entry. Even a single DUI conviction can remain on your criminal background, affecting your travel eligibility.
Types of DUI Convictions and Their Impact on Traveling Abroad
A DUI can be seen as a serious offense by foreign officials. Misdemeanor DUI convictions may have fewer restrictions than felony DUI convictions, though it will depend on the laws of the country you plan to visit.
Aggravated DUI convictions, such as those involving injury or death in an accident, may have stricter travel restrictions. Multiple DUI convictions on your criminal record can increase the severity of travel restrictions.
Countries with DUI Travel Restrictions
Canada
Canada considers a DUI criminal conviction as “serious criminality” and tends to restrict entry into the country if these criminal offenses are on a person’s record. If you want to visit Canada, you’ll need a Temporary Resident Permit or Canadian Criminal Rehabilitation Certificate, though these don’t automatically mean that the country will grant you entry.
Australia
When you apply for a visa to visit Australia, your charges of driving under the influence may be seen as a serious crime. If you have a prison sentence of 12 months or more, it can tarnish your good character requirement, and the country may deny your entry as it’s seen as a substantial criminal record.
Japan
Since Japan and the U.S. have a diplomatic arrangement under foreign affairs, U.S. citizens only need a valid passport to enter. As a tourist, you’ll only need to fill out an entry card, though it doesn’t require you to disclose your record, even if you’ve been convicted of serious charges. However, when entering Japan for other purposes, those with DUIs are generally refused entry if the background check reveals a prison term of a year or more.
Dominican Republic
Dominican Republic generally allows those who have served DUI sentences to enter the country. It also doesn’t require a tourist visa as long as your stay is up to 30 days.
Other Countries Where a Criminal History May Impact Your Travel
Additionally, New Zealand requires foreigners wishing to visit to meet good character requirements. If you wish to travel to New Zealand, a felony-level DUI within the past 10 months would disqualify you from these requirements. As for the United Kingdom, you typically don’t need a visa if you’re a United States citizen. However, traveling to the United Kingdom for business may jeopardize your plans.
Key Considerations for International Travel with a DUI
Researching Country-Specific DUI Travel Restrictions
Before booking any trip abroad, it’s important to review the relevant laws for the country you plan to visit. You should check with the embassy or consulate for each country to get the most current travel information. Consulting an attorney can help you prevent potential problems ahead of your arrival.
The Impact of a DUI Conviction on Visa Applications
When you have a DUI, it can affect your visa eligibility and visa application process. Some countries will require you to disclose convictions when applying for a visa. Some countries consider these charges a very serious issue as a “crime involving moral turpitude” and may deny your entry.
Disclosing your DUI is an essential step, and trying to conceal it may lead to worse troubles with the border agent. Always be honest when you apply for a visa or prepare to travel to another country.
Overcoming DUI Travel Restrictions
Temporary Resident Permit
When you have a DUI, Canada may not allow you over the border, though you may seek a temporary permit through the Canadian government. This permit may allow you to cross into Canada.
Waivers and Special Permits
Travel waivers and special permits may be available for entering countries with strict DUI travel restrictions. Since it can be confusing as to which court documents you may need, it’s important to consult an attorney to know the right steps to take.
Traveling with a DUI: Country-Specific Information
The European Union has a shared database of criminal records, and those seeking to visit after a DUI may be denied entry. Additionally, Asia has strong cultural reservations about DUI, and this may result in denied entry, depending on which country you’re planning to visit. Similarly, Persian Gulf countries like the UAE may be harsh, and you may not meet their strict entry requirements.
Managing a DUI Conviction for International Travel
If you have a DUI on your criminal record, it will most likely affect your travels. However, you may be able to have it expunged or pardoned, depending on the circumstances. The only way to obtain a pardon or expungement is to seek it through the courts. A qualified attorney can help you determine if you’re eligible.
The Importance of Seeking Professional Advice for DUI Travel
It’s essential to seek professional advice following a DUI to ensure you comply with all regulations. If you travel for work or are planning a vacation, an attorney can provide guidance on your charges as well as any restrictions for visiting other countries.
Call The Law Offices of Michael Pignone Today
You should know and disclose all country-specific DUI travel restrictions on your visa application to avoid being denied entry. Contact a DUI lawyer to schedule a free consultation and find out the next steps to take.
Michael Pignone
Michael Pignone was raised and has lived in Prince William County since 1972. He attended public schools in the county and graduated high school from Osbourn High in Manassas. Following high school, he attended George Mason University where he graduated with honors from the Business School with a Bachelor’s Degree in Finance. He was then accepted into, and graduated with honors from, Suffolk Law School in Boston, Massachusetts. Before entering private practice, he clerked for the Prosecutor in the Prince William County Commonwealth’s Attorney’s Office.
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