Read This If You’ve Had a DUI and Plan on Traveling Abroad

Know before you go.

A Driving Under the Influence (DUI) conviction can cause a lot of headaches. Among other problems, it may make traveling to another country difficult–or impossible. Whether or not you can travel with a DUI depends on several factors and where you want to go.

Can I Travel With a DUI?

The good news is that most DUIs won’t prevent you from traveling to most places. However, “virtually all countries have rules that can make entry tough for those with DUI offenses,” says Michael Soud, an international attorney and co-founder of Travel Insighter. How tough depends on where you are going, the seriousness and number of DUIs you’ve had, how long ago you were convicted, and whether you were under the influence of alcohol or another substance when you were arrested.

Soud notes that countries are usually more lenient with older, one-time offenses and stricter with more recent offenses, convictions that involve jail time, and those who have multiple convictions on their record. An important consideration for many travelers is whether they were convicted of a misdemeanor or felony DUI. In the United States, misdemeanor DUIs are the most common type of charge. However, impaired drivers may be charged with a felony DUI if they’ve had multiple DUI convictions, if they were involved in an accident that seriously injured someone, or if they were involved in a fatal accident.

Muddying the waters even more, how DUI rules are applied “differs greatly,” even within the same country, Soud says. That’s because the person making the decision, often an immigration officer, often has wide discretion about who to admit and who to send home.

Soud explains that those with DUI offenses can never really rest easy. “Even if a visa has been issued to an individual with a DUI offense, it is still possible for the border official to deny entry,” he says. Although rare, this can happen.

What Should You Do if You Have a DUI on Your Record?

If you have a DUI, don’t despair. Some countries that typically ban people with DUIs from entering issue waivers. Obtaining a waiver “is definitely a bit of a process, so it’s good to start early and gather all the necessary documentation to support your application,” Soud advises.

Soud also cautions that honesty is always the best policy. If you are caught lying about having a DUI, you may be denied entry to any country, just for lying, he explains. That’s true even if the country you are visiting usually admits travelers with DUIs. If you try to cover up any type of crime, you will probably get caught thanks to systems like Interpol that allow governments to share information about criminal convictions.

If you don’t want to risk being turned away at the border, Soud recommends traveling to Europe or South America, where there are fewer restrictions on those with DUIs. “Just make sure to check the specific entry requirements before you book anything,” Soud recommends. 

It’s More Difficult to Enter These Countries if You’ve Had a DUI

Canada

Canadians are known for being friendly. However, if you have been convinced of a DUI you will probably be turned away at the border. Nevertheless, there are a couple of workarounds. Those with DUIs can apply for a Temporary Resident Permit (TRP) for the length of their stay, from one day up to three years. Applicants must show that they have a valid reason for entering Canada, that they don’t pose a threat to Canadian society, and pay a fee of around $220. Anyone who has additional criminal convictions on top of a DUI probably won’t get a TRP. Other factors can disqualify you as well. Because immigration officers have discretion when it comes to whether or not to issue a TRP, results are unpredictable. If your conviction is older than five years, you may also be able to apply for rehabilitation, which removes the DUI as a barrier to entry.

Mexico

If you have been convicted of a DUI, you may not be able to enjoy a beer on the beach in Mexico. The country does not allow those convicted of a “serious crime” to enter the country. Fortunately for those with DUIs, Mexico usually doesn’t consider a single misdemeanor DUI to be a serious crime. However, immigration officials have discretion when it comes to convictions within the last 10 years. What they decide isn’t consistent, which can be frustrating for travelers. It’s a different story if you have been convicted of a felony DUI. Mexico considers these types of convictions “serious crimes” which bar you from entry.

Australia

Most visitors to Australia require a visa. As part of the visa application process, hopeful travelers must complete a questionnaire that asks about their character, including criminal history. Typically, DUIs are only a problem if the applicant has a “substantial criminal record,” and was sentenced to a year or more in jail. Australia looks at the cumulative total of all time spent in jail, so if you were convicted of two DUIs and spent six months in jail for each conviction you are probably out of luck. If your visa application is denied, you can apply for a waiver. However, waivers are typically only granted in exceptional circumstances. A desire to see koala bears probably won’t cut it.

New Zealand

Like Australia, visitors to New Zealand must prove they are of “good character” to get a visa to enter. Applicants who were convicted of an offense that carries a sentence of three months or more will likely be denied entry. That means that even if you didn’t serve any time in prison for your DUI offense if you could have been sentenced to three months or more your application may still be denied. Typically DUI convictions older than five years won’t pose a problem, as long as the applicant didn’t serve 12 months or more in jail. If your visa application is denied because of a DUI conviction, you can apply for a waiver.

Japan

Most DUI convictions won’t keep you out of Japan, but more serious offenses will. If you were sentenced to a year or more in jail, you won’t be allowed into Japan. Additionally, if your DUI involved “narcotics, marijuana, opium, stimulants or psychotropic substances,” Japan will bar you from entering. Unlike some other countries, Japan does not make exceptions.

China

China does not explicitly ban those with DUI convictions from entering. However, those with felony DUIs won’t be allowed to enter. China has limited provisions for granting waivers, but the process is complex and can be hard to navigate.

The United Arab Emirates (UAE)

The UAE doesn’t have any specific laws against allowing those with DUIs to enter. However, immigration officers in the UAE have discretion when it comes to who they let in and who gets turned around at the border. Any type of alcohol consumption is frowned upon in the UAE. Immigration officers may prohibit those with a DUI from entering.

Iran

Because the United States, Canada, and the U.K. do not have diplomatic relations with Iran, entering can be challenging under the best of circumstances. Having a DUI poses an additional hurdle. Similar to the UAE, Iran does not have a specific prohibition against entering with a DUI. However, immigration officers have discretion about who they allow into the country. All visitors to Iran must undergo a “good conduct” screening. Admitting to alcohol consumption at all might be problematic. A DUI may be reason enough to someone from entering altogether.

South Africa

Most misdemeanor DUI convictions won’t pose a problem for visitors to South Africa. However, felony DUIs are enough to keep you out of the country for good. Notably, visitors to South Africa are required to disclose if they have a criminal record at the border, even if they aren’t asked. Failure to disclose a DUI could be considered “deception by silence,” which is grounds for immediate refusal of entry.

The United States

A single DUI conviction won’t keep you out of the United States. However, multiple DUIs or a DUI in combination with other criminal offenses may be enough to bar you from entry. Those denied entry due to DUI convictions can apply for a waiver. Waiver applicants need to explain why they are entitled to an exception, provide evidence, and pay a fee of $1,050.