If you have been convicted of a DUI, you may face travel restrictions both nationally and internationally. Certain countries, including Canada, restrict entry for those convicted of a DUI, while national travel may be more complicated when it comes to rental cars and other applications. Global Entry applications can also be affected or even revoked.
To prepare for travel after a DUI, know what you can and cannot legally do, what waivers may be applied for, and how to prepare your documentation. Never lie when answering questions about a DUI, and know how to prep beforehand.
Need assistance? Our DUI lawyers in Baltimore can consult with you about your options, including expunging a DUI in Maryland and knowing how to handle international travel with a DUI conviction.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
Domestic Travel with a DUI
If you have been convicted of a DUI, this will not prevent you from entering other states within the US. However, travel can become more complicated and there are preparations you should consider beforehand.
- Ignition Interlock Device: If you have been ordered to install an ignition interlock device, you are not legally allowed to drive another vehicle without an ignition interlock device. This applies to rental cars or borrowed vehicles. If you are traveling and found to be driving without an ignition interlock, you may face fines or even jail time. Being away from your vehicle is not a reason to violate the court order.
- Probation: If your DUI conviction included a period of probation, you may not be allowed to leave the state if you are under this probation period. Always inform your probation officer of travel plans and, in some cases, make sure you receive written permission to travel, especially out of state. Failure to follow your probation guidelines may result in fines or jail time.
- Rental Cars: A license that has been revoked or suspended will not allow you to legally drive until the license has been reinstated. A suspended or revoked license in one state applies to all other states. If you still have your license but hold a DUI record, you may be denied access to a rental car. Many rental car companies require a clean driving record, regardless of how long ago the DUI conviction was. Never assume you will be granted access to a rental car if you have a DUI charge; make additional plans for getting around, like public transportation.
- Travelers Insurance: Regardless of your intent to rent a car, some travel insurance agencies will charge higher premiums or deny coverage for those with a DUI conviction. A DUI charge is seen as a liability and can impact your coverage. Thoroughly research any travel insurance you intend to purchase and read their restrictions and liability clauses to ensure you can receive legal coverage and will not be denied should an accident happen.
International Travel with a DUI
Many countries do not allow access if you have been convicted of a DUI. This can limit where you can travel to, potential layovers, and more. Do not assume that because a DUI charge is several years old, it is no longer considered; any DUI charge, from any year, can be grounds to be denied access to a country.
Know what countries limit access for those with a DUI and what your options are. Remember, never lie about a DUI, no matter how long ago it was. Lying about a DUI, especially for international travel, may get you barred from a country for life.
What Countries Deny Access Based on a DUI Conviction
There are several countries that deny travel visas based on a DUI conviction. This can vary based on when the DUI occurred and whether it was a felony or misdemeanor charge. It is always advised to research any countries you are traveling to or through before booking travel plans. Travel visa requirements may undergo changes or alterations, and it is important to stay up to date on the current status of accessibility.
Canada
Canada is the primary country that limits access based on a DUI conviction that many travelers deal with. They have an outright ban on DUI convictions less than 5 years old, with limited options for entry. The close proximity to the US, and the ability to drive vs fly into Canada, cause many travelers to forget there are strict border rules and visa requirements. Even one DUI conviction can cause Canada to deem your access inadmissible and bar entry.
How To Travel to Canada with a DUI
- Know Your Record. Canada takes a tough stance on criminal offenses; a DUI that has been lowered to a Reckless Driving charge can still be seen as a criminal offense and be a reason to deny entry.
- Do Not Lie. Do not lie about your DUI, and do not announce your DUI for the first time when trying to enter the country. You may have options for entry with a DUI conviction, but only if you tackle the situation ahead of time.
- Apply for Criminal Rehabilitation. If your DUI is older than 5 years and you have completed all parts of your sentencing (fines, probation, jail time, etc.), you can apply for Canada’s criminal rehabilitation. This will permanently remove your inadmissibility and allow you access to Canada for future trips without reapplying. The process involves submitting detailed court and police records, proof that your sentence was completed, and evidence that you have been living a stable, law-abiding life since your conviction.
- Apply for a Temporary Resident Permit (TRP). If you have urgent business or familial needs to travel to Canada, you can apply for a TRP. This is a temporary solution that does not revoke your inadmissibility but allows one-time or limited entry. You must prove your need to enter outweighs any risk to Canada’s society; tourism is not a legitimate reason and is often denied. This is often a solution for people with a DUI conviction recently within the last 5 years.
Other Countries
Other countries that limit travel access based on a DUI conviction include the United Kingdom, New Zealand, Australia, Japan, and China. Their travel access is more lenient than Canada’s but can vary or change, so always double-check current travel restrictions and if you need to take any provisions before travel.
- The UK: The United Kingdom may refuse entry for a DUI conviction if it was within the last 12 months or if it was a felony DUI conviction. Most DUI charges, once older than 12 months, do not restrict entry. However, if you received a felony conviction or are still on probation, consult with an immigration or embassy resource to confirm your eligibility for travel.
- New Zealand: New Zealand’s immigration act does not allow access for anyone who has been imprisoned for 5 years or more, or who served time for more than 12 months in the last 10 years of time of application. Most of these sentences are associated with felony DUIs, but always confirm your criminal record against current visa requirements and restrictions.
- Australia: Australia can refuse a visa application based on its “character test”, in which an applicant’s criminal record is reviewed for risk assessment to the Australian community. If an applicant has a “substantial criminal record”, often 12 months in prison or multiple sentences of up to 2 years or more combined, they are considered a risk and may be denied their visa application for entry.
- Japan: While US citizens do not need to specifically apply for a visa to travel to Japan for less than 90 days, their immigration policies can still limit access for those with DUI convictions. Any person who has been sentenced to imprisonment for one year or more, or who has been convicted of any violation of law related to controlled narcotics or marijuana, regardless of the sentence, will be denied entry.
- China: To travel to China, a US citizen must obtain a visa, in which the application asks directly about criminal history. If you have been convicted of a DUI, answer honestly and include details related to the arrest, conviction, sentencing, and law-abiding actions thereafter. Each applicant is considered on a case-by-case basis. While a single DUI may not result in denied entry, more recent or serious convictions may involve being denied access.
Exceptions, Waivers, and Applications
If you must travel internationally for work or family emergencies, know your options before planning the travel. Consult with local DUI lawyers or seek recommendations for informed travel agents who can consult on immigration laws. In many cases, there are exceptions or waivers that may be applied for that allow for temporary access. In some cases, you may be able to prove criminal rehabilitation and that you pose no risk to the local communities.
Answering Questions About a DUI
Some countries require a visa for US citizens to travel, while others do not. However, almost all immigration borders will discuss your criminal history with you before granting access. Do not lie. Lying about a criminal record can result in a lifetime ban from accessing that country, regardless of circumstances.
Visa applications will involve a background check, so explore your options for each country by explaining the charges and the rehabilitation actions since then. If you are speaking with an immigration officer at the border, be honest and answer their questions politely. Consult with a DUI lawyer before travel to know what to prepare and how to discuss your situation.
Preparing Your Travel Documentation with a DUI
Because many countries look at how old the DUI conviction is, how long you may have served in prison, and when your sentencing was over, you want verified documentation of all of these. Be sure to include confirmation that you paid your fines and that you are either no longer under probation or that your travel has been approved by your probation officer. Do not rely on Wi-fi or other resources; have all documents saved or printed and easily available in case of scrutiny or review.
Know Your Options and Be Prepared When Traveling with a DUI
Know how to travel with a DUI so you do not face surprises or access at the border, leaving you stranded. While some countries do not have DUI restrictions, many look at a person’s criminal history, including DUI convictions, to evaluate the threat to their local community.
Talk with a lawyer about your options to prepare for business travel, family vacations, or tourism purposes. Always research local laws and understand international restrictions. While other countries may use different verbiage, see how this applies to America’s legal system. Plan early and apply for applicable waivers or exceptions. Do not attempt to travel if you have not completed your sentencing and do not lie about your criminal history.
Saller Law can assist with DUI criminal records and preparing for travel. We help you understand your criminal record so you can answer truthfully on all visa applications and navigate complex immigration laws.
Frequently Asked Questions
Can I travel internationally if I have a DUI?
International travel may be affected by a DUI based on what countries you are traveling to. Certain countries, like Canada or Japan, have bans specifically related to DUIs or criminal records. Other countries that require a visa, like China, run a background check and review your criminal history for threat level. Always review immigration laws in other countries before booking travel plans.
Which countries may deny entry because of a DUI?
Canada, Japan, New Zealand, China, Australia, and the UK are a few of the most common countries that may deny entry based on a DUI. The circumstances vary based on when the DUI conviction was, when sentencing was completed, and if there was jail time. Other countries that require a visa and conduct a background check may also deny entry based on a DUI.
Can I travel to Canada with a DUI conviction?
Canada treats DUI convictions as serious criminal offenses, which makes most travelers with a DUI inadmissible. Depending on your circumstances, you may qualify for Criminal Rehabilitation or a Temporary Resident Permit to receive either permanent acceptance to freely travel or emergency temporary access.
Will a pending DUI charge prevent me from traveling?
A pending DUI charge does not automatically prohibit travel, but your specific court conditions may. If you are out on bond or have upcoming court appearances, the judge may place restrictions on your travel. Always speak with your attorney before making travel arrangements, both nationally and internationally.
Can I leave the state while my DUI case is pending?
Many people can travel within the United States while awaiting the resolution of a DUI case, but travel restrictions can vary depending on bond conditions or court orders. Missing a required court appearance could result in additional legal consequences. Always consult with your lawyer before planning travel.
Does a DUI affect domestic travel within the United States?
In most cases, a DUI conviction does not prevent you from flying or traveling between states. However, if your driver’s license has been suspended, you cannot legally drive until your driving privileges have been restored or you have obtained the appropriate restricted license. If you are enrolled in the ignition interlock program, you cannot drive any other vehicle besides the vehicle fitted with the ignition interlock. You may also face denied rental car applications or higher travelers’ insurance costs.
Will a DUI show up when I go through airport security?
While TSA does not look into DUI convictions, international travel borders may review your criminal history and make a decision on entry based on previous convictions. Always be prepared to answer questions at an airport if you have a criminal history of a DUI conviction.
Can I get a passport if I have a DUI?
A DUI conviction alone does not prevent you from obtaining or renewing a U.S. passport. However, other criminal matters, unpaid child support, or certain court orders may affect passport eligibility. An attorney can review your situation if you have concerns.
Should I speak with a lawyer before traveling after a DUI?
Yes. If you have a pending DUI case, probation requirements, license restrictions, or plans to travel internationally, consulting with a criminal defense attorney can help you avoid unexpected legal issues.
How can a criminal defense attorney help if my travel plans are affected by a DUI?
A criminal defense attorney can evaluate your case, explain how your DUI may impact domestic or international travel, request modifications to court-imposed travel restrictions when appropriate, and help you understand your legal options before your departure. Planning ahead can reduce the risk of travel disruptions and ensure you remain in compliance with all legal obligations.
