Can a DUI Disqualify You from Getting a Passport?

A driving under the influence (DUI) or driving while intoxicated/impaired (DWI) on your record can affect your life in many ways. Fortunately, it doesn’t typically impact your ability to get a U.S. passport. Depending on your travel plans, however, it can make entry into certain other countries more difficult. Some countries treat all DUI/DWIs as serious offenses, while others may only care if jail time was involved.

In this article, we’ll review commonly asked questions related to international travel with a DUI/DWI. We’ll also explore how you might address challenges in this situation.

If you’ve recently had a DWI/DUI arrest or are concerned about the travel consequences of an earlier DUI/DWI, consider speaking with an experienced DWI/DUI defense attorney. They can help you understand the hurdles you may encounter in your specific situation. They can also often help you overcome them.

Can I Get a Passport With a DUI/DWI?

Yes. You can usually get a U.S. passport even if you have a DUI/DWI on your record. While DUIs/DWIs are criminal offenses, they’re typically a state-level crime. The U.S. Department of State doesn’t generally deny passports based on state crimes alone.

The U.S. government does deny passports for certain crimes. But these are usually serious federal crimes, like drug trafficking, or if you have unpaid child support or active arrest warrants.

However, a DUI can still cause problems in some cases. If you are on probation, parole, or have court-ordered travel restrictions, you might not be allowed to leave the country. Some judges may require you to stay in your state or the country while you complete your sentence. If you’re still going through court for a DWI/DUI case, you may also face limits on travel.

Are My Criminal and Driving Records Attached to My Passport?

No. These records aren’t attached to your passport. A valid passport is a travel document that proves your identity and citizenship. It doesn’t carry with it information about your criminal or driving history. However, this information could be linked through background checks.

For example, border agents in the U.S. and other countries may cross-check your passport information with law enforcement databases. If your name is flagged in those systems for something like an outstanding warrant or serious felony charges, officials might review your criminal record during travel screening. But this isn’t common for minor or misdemeanor DUI/DWI offenses.

Additionally, some countries share certain criminal data with the U.S. through international agreements. If your DUI/DWI was serious (like a felony or involved injury), it might be flagged in international databases. A criminal conviction for a serious offense could lead to extra checks.

What If I Have a Suspended License Because of My DUI/DWI?

Multiple DUI/DWIs or a driver’s license suspension due to DUI/DWIs won’t usually affect your eligibility for a passport. The U.S. Department of State doesn’t generally consider these reasons to deny a passport.

However, there are a few exceptions. If your license was suspended due to serious legal issues like a felony DUI, unpaid child support, or if you have outstanding warrants, it might affect your passport application.

Of course, you could still face travel restrictions from a court or probation officer if you’re still serving your sentence.

Will My DWI/DUI Show Up When Airport Officials Scan My Passport?

No. A DUI/DWI doesn’t typically show up when officials scan your passport at the airport. Your passport contains personal information like your name, date of birth, and citizenship. It doesn’t include your criminal record or your driving record, where DWI/DUI charges, arrests, and convictions can appear.

However, this doesn’t mean your DUI/DWI can’t affect your international travel plans.

How Can a DUI/DWI Affect International Travel?

While U.S. border agents don’t see your DUI /DWI just by scanning your passport, some countries may still find out about it. This could affect your travel plans in a few ways:

Entry Restrictions of Other Countries

Some countries treat DUI convictions very seriously. For example, Canadian law considers a DWI/DUI a serious offense and a potential sign of poor moral character. So, Canada regards travelers with a DUI/DWI as criminally inadmissible unless they satisfy its entry requirements with one of two types of waivers. Depending on the circumstances, you would either apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation.

Australia, Japan, and China also have strict rules and may deny entry depending on the severity and timing of the offense.

Likewise, traveling to the United Arab Emirates (UAE) with a DWI/DUI offense on your record can be challenging for U.S. citizens. The UAE has strict laws regarding alcohol-related offenses. While their immigration policies don’t directly address impaired driving, it’s not unusual for UAE officials to deny entry to someone because of a DUI/DWI conviction.

Visa Applications

When applying for a visa, many countries ask about your criminal history. A DUI may require you to provide extra documents or could result in visa denial.

Most European Union countries don’t ask about DUI/DWIs, but this can vary by country.

Unpredictable Border Decisions

In countries like Mexico, individual border agents often make entry decisions. So, even if the law allows entry, they might deny you.

Traveling While on Probation

If you’re still serving your sentence or on probation, you may need court or probation officer approval to leave the U.S. Traveling without permission can lead to legal trouble.

What If I Got My DUI/DWI Expunged?

Some countries can still see expunged records through international databases or security clearances. However, expungement of your DUI/DWI may be valuable in the visa application process.

Expunged DUI/DWIs may no longer appear on standard background checks used by visa officers in countries with less strict screening. Additionally, depending on the other country’s laws, you might lawfully answer “no” to their question about criminal convictions (if your only crime has been expunged).

Lastly, expungement can help when immigration officers in another country have discretion. They may view an expunged record more favorably than an active conviction.

Getting Legal Advice

If you’re concerned about travel-related challenges due to a DUI/DWI on your record, you’ll want to discuss the specifics confidentially with an experienced attorney who’s licensed in your state. They can give you an idea of your options and your eligibility for expungement, which may present a potential solution to certain hurdles.

A DWI/DUI or criminal defense lawyer can also help you with the special permissions you may need in order to enter various countries. The processes and paperwork involved can be complicated. In light of the discretion often involved, a legal advisor can be invaluable in presenting a compelling case to the foreign authorities.

FindLaw’s dedicated directory of DWI/DUI attorneys and criminal defense attorneys makes connecting with experts in your area easy. To view ratings for local experts, as well as contact information, click on your state, then city. Consider reaching out to one. A skilled advocate can be critical in minimizing the impact of your DUI/DWI on international travel.