Posted on September 25, 2024 in DUI

When you think about the consequences of driving under the influence in Arizona, your immediate concerns might include jail time, fines, probation, community service requirements, or license suspensions.

However, there are longer-term consequences to consider. For example, you may have trouble finding employment, getting a loan, or buying a firearm. 

But what if we told you that a DUI conviction could affect you outside of the U.S.? It can: If you plan to travel overseas, a DUI from Arizona or any other state might limit or even prevent you from visiting certain countries.

This is why it is a good idea to check whether you can leave the country with a DUI in advance.

If you have any questions about how a DUI can affect your international travel plans, the Rosenstein Law Group can help you understand the relevant laws of your destination country so you can travel with confidence. Call us at (480) 248-7666 to speak with an attorney who can guide you on what you need to know.

Countries with DUI Travel Restrictions

Some countries view DUIs as criminal or felony offenses, even if you were only convicted of a misdemeanor in the US. If this is the case, the country may block you from entry or make crossing its border difficult.

While a majority of countries across the globe do not prohibit visitors with DUIs, there are some popular places to visit that enforce international limitations. Below are some specific examples of countries that may deny foreigners entry based on a DUI conviction.

DUI Restrictions by Country

Australia

To visit Australia, you must meet the country’s character requirements for travel visas. One of these requirements is that you must not have a “substantial criminal record.” If your criminal record includes an offense with a prison sentence of 12 months or more, such as some Arizona aggravated DUI convictions, this can be considered a substantial criminal record and may result in denied entry.

Australia will also consider whether your record indicates that you are “not of good character.” or if you are “a risk to the community. A DUI conviction may tip the scale out of your favor in these two areas.

Canada

Canada has strict restrictions on people who have DUI convictions. Unlike Australia, Canada expressly refers to DUIs as grounds to restrict entry into the country. 

Canada shares information with the United States through the U.S. National Crime Information Center. If you have a DUI on your record and attempt entry into Canada, an immigration officer will likely discover it.

Canada considers DUI convictions “serious criminality.” While a DUI conviction doesn’t automatically bar you from traveling to Canada, it may require you to apply in advance for a Temporary Resident Permit, which does not guarantee entry.

Another option to visit Canada is to wait five years after you complete your DUI sentence when you can apply in advance for entry based on “criminal rehabilitation.”

China

Although China does not have specific laws identifying a DUI conviction as grounds to deny foreigners entry, you can expect Chinese authorities to do extensive background checks. Visitors are expected to disclose any history of criminal offenses. Failing to do so and having a historical DUI discovered in your background check can complicate your visa application or lead to denied entry.

Iran

Traveling to Iran as an American citizen can be difficult. While Iranian customs and border authorities cannot access your Arizona criminal record, you will be asked about drug-related convictions during a “good conduct screening.”

Like many Persian Gulf countries, Iran’s laws reflect strong cultural reservations about the consumption of alcohol, making it one of the strictest countries for DUI travel restrictions. If you have a DUI conviction, and it is discovered by an immigration officer when you attempt to travel to Iran, you will almost certainly be denied entry.

Japan

Whether a DUI conviction affects your entry into Japan depends on whether you need a visa to enter the country.

Japan and the United States have a diplomatic arrangement that allows citizens of each country to enter the other for tourism purposes without requiring a visa. All a U.S. citizen needs is a valid passport.

When you arrive in Japan as a tourist, you must fill out an entry card. This card does not require you to report any criminal records, meaning you can likely be admitted into Japan even if you have serious criminal offenses on your record.

However, if you enter Japan for non-tourism purposes, you will likely be subject to a background investigation. This investigation could reveal the existence of any criminal conviction that came with a prison sentence of one year or more. If this is the case, you will be denied entry into the country. 

Mexico

Mexican law is similar to that of Japan in two ways:

• Mexico and the United States have a diplomatic agreement that allows tourists to visit without a visa for trips that last less than 180 days. You will also be required to fill out a tourism card that does not ask about criminal convictions.
• Non-tourism travel to Mexico requires visitors to apply for a visa. You can be denied entry if you have a conviction on your record  for a “serious crime.” This is defined as a “significant, negative effect on the fundamental values of society.”

Whether a DUI conviction is considered a serious crime in Mexico is unclear. While Mexico’s list of serious crimes does not specifically mention DUI convictions, it does include “drug-related crimes” as an example. This list may not cover all serious offenses, so a serious Arizona DUI conviction, such as an aggravated DUI, could potentially be treated as a serious crime. 

New Zealand

New Zealand requires foreigners wishing to enter the country to be of “good character.” A person of good character “is not considered a threat to the reputation of New Zealand or a risk to security or public interest.”

An indicator of someone not of good character is someone convicted of a criminal offense and sentenced to prison for one year or more in the last 10 months. This can include an aggravated DUI conviction in Arizona.

A DUI or aggravated DUI on your record will not always prevent you from entering New Zealand. A border agent there can waive the good character requirement on a case-by-case basis based on evaluating the following criteria:

• The seriousness of the offense
• Whether you have an otherwise clean criminal history
• How long ago the criminal conviction occurred
• Whether you have family who are legally resident in New Zealand

South Africa

Tourists from the United States do not need a visa to enter South Africa. However, you will need a visa if you are visiting for non-tourist reasons. The visa application will ask you about any criminal convictions you have.

Whether a DUI can preclude your entry into South Africa may depend on the seriousness of the offense (for example, you may be denied if you have a felony DUI conviction, like an aggravated DUI in Arizona) and how long ago it happened. Failing to disclose a DUI conviction in your visa application could lead to unfavorable results if an immigration officer discovers it.

United Kingdom

Like other countries mentioned above, you do not need a visa as a U.S. citizen to visit the United Kingdom if you are coming as a tourist and plan to stay up to six months. You will also not be asked about your criminal record if you enter the country as a tourist.

If you want to travel to the UK for business, however, a DUI conviction can jeopardize your ability to enter the country in two circumstances:

• If your DUI sentence included a prison term of 12 months or longer in the past 10 years
• If your DUI was a misdemeanor DUI in the past five years

The Bottom Line About Foreign Travel with a DUI Conviction

Here is a summary of some key points when considering travel to certain countries that may deny entry to people with DUIs:

• The countries listed above are not the only ones that might consider a DUI when imposing travel restrictions. Many countries may factor a DUI conviction into their visa application process. Always check with the U.S. State Department and the immigration authority of your destination country for the most current information on how a DUI might affect your entry.
• If you’re traveling to a country that doesn’t require a visa for tourism, your chances of entry are generally better, as you’re less likely to need to disclose a DUI conviction. 
• A DUI will not automatically lead to denial of your visa application, but it may be considered by immigration officers when assessing your suitability for visa approval. The effect of a DUI on your record will usually depend upon the circumstances surrounding the conviction, how long ago it was, and whether you have other criminal background. In some cases, you may be able to apply for a travel waiver allowing entry.
• It is better to be truthful as early as possible when applying for visas that require conviction disclosures.
• Unlike a felony-level conviction, a misdemeanor DUI on your record might not prevent you from obtaining a visa or entering your destination country.

Solutions to International Travel After a DUI Arrest

The best way to preserve your right to travel internationally is to avoid being convicted of driving under the influence. If you get arrested for a DUI in Arizona, contact an experienced DUI defense attorney as soon as possible. An attorney can take immediate action to protect you and reduce the odds of a DUI conviction.  

Your lawyer can negotiate with the prosecution to reduce the charges and penalties you face. If your DUI case goes to trial, a lawyer can represent you to potentially achieve an acquittal (not guilty verdict). Another option is to have a DUI conviction set aside or expunged .These processes can effectively erase or hide your criminal history from public view, allowing you to enter countries that previously would have barred your access. To discuss the possibility of having a DUI conviction expunged in Arizona, contact the Rosenstein Law Group for a free consultation with one of our experienced attorneys.