If you have a DUI on your record, planning international travel requires additional consideration. Many people are surprised to learn that a DUI conviction can affect their ability to visit certain countries. In this article, we’ll help you understand how a past DUI might impact your plans and the options you have when facing travel restrictions with a DUI.
Countries With DUI Travel Restrictions
Not all countries treat DUI (driving under the influence) convictions the same when it comes to entry requirements. Some have strict policies that can prevent entry even for a single DUI conviction within the last 10 years. Others may only restrict entry for recent or multiple convictions. Here are some notable countries with DUI travel restrictions:
Canada
Canada has some of the strictest DUI travel restrictions. A DUI is considered a serious criminal offense under Canadian law. Having one on your record can make you “criminally inadmissible” to the country. This applies even if your DUI was a misdemeanor in the United States.
The question “Can I travel to Canada with a DUI?” is one that is asked frequently. The simple answer is that without taking special measures, a DUI conviction will likely prevent you from entering Canada. This restriction applies regardless of how you attempt to enter the country— by air, land, or sea.
Australia
Australia also considers DUI convictions in its immigration and visitor visa decisions. Australia requires visitors to pass a “character test.” A DUI conviction, especially if recent or if there are multiple convictions, can cause you to fail this test.
New Zealand
Similar to Australia, New Zealand requires visitors to be of “good character,” and DUI convictions can affect this assessment. New Zealand immigration authorities may deny entry to those with DUI convictions, particularly if they occurred recently or if the convicted could have served jail time.
Japan
Japan has stricter criminal entry restrictions than many other countries. Japan can deny entry to foreign visitors with criminal convictions that result in imprisonment.
When applying for a Japanese visa or entering the country, you must disclose criminal history, including DUI convictions. Japan doesn’t automatically bar all travelers with DUIs, but immigration officers have significant discretion. Jail time for 1 year or longer due to a conviction on your record will likely prevent you from entering the country.
Mexico
Mexico’s policies can vary, but individuals with recent DUI convictions may be denied entry. Mexican immigration officials can refuse entry to anyone with convictions on their record that occurred within the past 10 years. However, decisions are often inconsistent.
In cases of felony DUI convictions, the situation changes. A felony DUI conviction is more likely to result in no entry to Mexico.
European Countries
Most European countries don’t have specific DUI restrictions for visitors from the United States. However, individual countries within Europe can set their own entry requirements.
Middle Eastern Countries
Many Middle Eastern countries have strict laws regarding alcohol consumption. While they may not have DUI travel restrictions, immigration officers usually have discretion on who they allow into a country. For example, the United Arab Emirates (UAE) and Iran can choose to deny entry to individuals with DUI convictions.
Timing Matters: Recent vs. Older Convictions
The timing of your DUI conviction can significantly impact travel restrictions. Recent convictions (typically within the last 5-10 years) are more likely to cause problems than older ones.
Options for Traveling With a Past DUI
If you have a DUI on your record and need to travel internationally, several options may help you navigate DUI restrictions on travel:
Temporary Resident Permit (for Canada)
If you need to visit Canada with a DUI on your record, you may apply for a Temporary Resident Permit (TRP). This temporary waiver allows entry despite inadmissibility but requires:
- A legitimate reason for your visit
- Documentation about your DUI case
- Proof of good character and any evidence of rehabilitation
- Payment of processing fees
A TRP is typically granted for the duration of your stay in Canada. TRPs can be valid for up to 3 years, although this extensive issuance is not common.
Criminal Rehabilitation (for Canada)
For a more permanent solution to enter Canada, you can apply for criminal rehabilitation. At least 5 years must have passed since you completed all sentencing requirements for a conviction. This includes probation, fines, etc. If approved, criminal rehabilitation permanently resolves your inadmissibility issue for Canada.
Special Visas & Waivers
For some countries with DUI travel restrictions, visas or special waivers may still be available. These typically require evidence of good character since the DUI conviction.
Record Sealing or Expungement
In some cases, having your DUI record sealed or expunged might help with international travel.
Plan Ahead: Tips for Traveling With a History of DUI
If you have a DUI conviction and plan to travel internationally:
- Research specific country requirements well in advance of your trip
- Be honest on visa applications and entry forms
- Apply for necessary permits or waivers early (at least 6 months before travel)
- Carry documentation related to your conviction and its resolution
- Consider consulting with an immigration attorney
How To Check If Your DUI Will Affect Travel
Before booking international travel:
- Check the embassy or consulate website for your destination country
- Review their criminal inadmissibility policies
- Determine if your specific situation falls under their restrictions
- Verify if your conviction appears in international criminal databases
Having a DUI doesn’t necessarily mean you can never travel internationally again, but it does require careful planning and potentially additional paperwork. Understanding DUI travel restrictions for your specific destination and taking proactive steps to address them can help ensure your travel plans aren’t unexpectedly disrupted.
Contact Our Driver’s License Reinstatement Law Firm
If you have questions about how a DUI affects your driving privileges, contact Johnson & Goldrich, P.C., for a free consultation.