You may face travel restrictions if you have been convicted of a DUI (Driving Under the Influence) offense. A DUI conviction is a serious offense in many countries and may lead to legal consequences, including fines, imprisonment, or license suspension.
A DUI conviction may also affect your ability to travel to certain countries. Some countries have strict laws and regulations regarding DUI convictions and may deny entry to individuals with a DUI conviction. Other countries may require additional documentation or fees to enter the country.
One Country You Will Not Be Allowed To Visit If You Have A DUI
Canada is one country you may not be able to visit with even a single DUI. While Canada is known for its friendly and welcoming attitude, it takes a tough stance on those with criminal records. If you have a DUI conviction, you will be deemed inadmissible to Canada. This means that if you arrive at the border without addressing the issue in advance, you will likely be denied entry. This can be a major inconvenience if you have business or personal reasons for wanting to visit Canada.
Even if your DUI was reduced to Reckless Driving, Canadian authorities often treat this as a serious criminal offense and still deem you inadmissible. However, there are steps you can take to address this problem.
If you have an urgent need to travel to Canada for business, family, or other compelling purposes, you can apply for a Temporary Resident Permit (TRP). A TRP is a short-term solution that allows you to enter Canada for a specific reason despite being inadmissible. To be approved, you must show that your need to enter outweighs any potential risk to Canadian society. Tourism alone is generally not considered a strong enough reason. TRPs can be issued for a single entry or multiple entries, but they are temporary and do not remove your inadmissibility for future trips.
Alternatively, if five years have passed since you completed all parts of your sentence (including probation, fines, or license suspension), you can apply for Criminal Rehabilitation. This is a one-time, permanent solution that, if approved, removes your inadmissibility for good. Once granted, you can enter Canada freely without reapplying for special permission. The application 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.
Other Countries Where A DUI Could Result In Travel Restrictions
Though Canada is perhaps the only country with an outright ban for a single misdemeanor DUI, depending on the nature of your charges or the sentence imposed, a DUI conviction could result in issues with traveling to certain countries.
The United Kingdom: Under Part 9 of the UK Immigration Rules, a traveler may be refused entry if they have ever received a custodial sentence of more than 12 months, which in U.S. terms is generally associated with a felony-level offense. Additionally, even a misdemeanor conviction can result in refusal if it occurred within the past 12 months, regardless of whether the sentence imposed was custodial or non-custodial (such as probation). In such cases, entry may generally be permitted once more than 12 months have passed since completion of the sentence.
New Zealand: U.S. citizens need to apply for either a visa or a New Zealand Electronic Travel Authorization (NZeTA) to enter. Section 15 of New Zealand’s Immigration Act disqualifies anybody who has been sentenced to imprisonment for a term of 5 years or more, or who at any time in the preceding 10 years was sentenced to imprisonment for a term of 12 months or more. Again, these types of sentences are typically associated only with felony DUI charges.
Australia: Section 501 of Australia’s Migration Act 1958 allows the Minister for Home Affairs to refuse a visa application or Electronic Travel Authority (ETA) where the applicant fails the “character test.” This includes cases where an applicant has a substantial criminal record, is considered a risk to the Australian community, or has been involved in other serious conduct.
Under current Australian policies, a “substantial criminal record” is one where an applicant was sentenced to at least 12 months in prison, or multiple shorter sentences that add up to at least 2 years.
Japan: Currently, U.S. citizens do not need a visa to enter Japan for stays of less than 90 days. However, traveling to Japan with a criminal record can be challenging due to Japan’s strict immigration policies. Article 5 of Japan’s Immigration Control and Refugee Recognition Act states that any person who has been sentenced to imprisonment for one year or more shall be denied entry into Japan. Additionally, anyone who has been convicted of a violation of any law or regulation relating to the control of narcotics or marijuana shall also be denied entry, regardless of the sentence imposed.
China: U.S. citizens are required to obtain a visa prior to traveling to China, and the visa application form asks directly whether you have any criminal record. If you answer “yes,” you must provide details, and your application will be reviewed on a case-by-case basis. A single DUI conviction does not mean you will be automatically refused, but more recent or serious convictions are more likely to draw scrutiny.
Impact Of DUI Conviction On Travel
Visa Restrictions
Even if a country does not have a policy denying entry to those with a DUI conviction, if your travel requires you to obtain a visa, you will likely be scrutinized much more. Many countries require a criminal background check as part of the visa application process, and a DUI conviction could result in the denial of a visa.
Travel Insurance
If you have a DUI conviction, obtaining travel insurance may be more difficult and expensive. Some travel insurance providers may not cover individuals with a criminal record or may charge higher premiums.
Overcoming Travel Restrictions
If you have a DUI conviction, there are ways to overcome these restrictions and still enjoy traveling to these destinations:
- One option is to apply for a waiver or special permit. Some countries, such as Canada and Japan, allow travelers with DUI convictions to enter if they have a waiver or special permit. These permits may require additional paperwork and fees, but they can be worth it if you want to visit these countries.
- Another option is to wait until a certain amount of time has passed since your conviction. Many countries have a time limit on how long a DUI conviction will affect your ability to enter the country.
- If you cannot obtain a waiver or wait out the time period, consider traveling to other destinations. There are plenty of countries that do not have restrictions on travelers with DUI convictions. Some popular options include Mexico, Costa Rica, and most European countries.
Simplify Traveling After DUI With Carlson, Meissner & Hayslett
Traveling with a DUI conviction can create serious obstacles, especially if you are planning on visiting Canada. At Carlson Meissner & Hayslett, our experienced criminal defense attorneys understand how profoundly your ability to travel impacts your personal and professional life. We work tirelessly to fight the charges against you, protecting not only your record but also your future opportunities to explore the world.
If you are currently facing a DUI charge, every decision you make now matters. A conviction could lead to long-term travel restrictions, denied visas, and unexpected refusals at foreign borders. By securing skilled legal representation early, you give yourself the best chance to preserve your rights, minimize the impact of the case, and maintain your ability to travel internationally.
Don’t let pending charges close the door on global opportunities. Contact Carlson Meissner & Hayslett today to learn how we can defend you in your criminal case and safeguard your freedom to see the world.
