Traveling Internationally with a DUI Conviction

Having a DUI conviction can result in jail time, hefty fines and a suspended or revoked driver’s license, but in can also affect plans for traveling internationally.

Traveling internationally

Photo by: James Brooks

Those with felonies on their record tend to hesitate before traveling internationally as they likely understand their record can follow them wherever they go. Some countries have stricter policies regarding certain crimes and may not be welcoming to those who have been convicted of driving under the influence, even if the charge is a misdemeanor. Most international travel from U.S. citizens happens across borders, which includes the countries of Mexico and Canada. Being close by and sharing a continent may cause people to assume they can travel there freely with a passport, but that isn’t always the case.

Canada

Canadians are known as being overly friendly but this is not the case to those with a DUI conviction. While a DUI in the U.S. may be a misdemeanor, it could be a felony in Canada. If this is the case, sources note there is could be a 10 year limit that a U.S. travelers with DUI convictions are barred from crossing the Canadian border. For those that wish to visit Canada before that long 10 year limit, according to the Canada Border Services Agency, “Depending on the crime, how long ago it was committed, and how you have behaved since the conviction, you may still be allowed to come to Canada, if you:

• convince an immigration officer that you meet the legal terms to be deemed rehabilitated, or
• applied for rehabilitation and were approved, or
• were granted a record suspension, or
• have a temporary resident permit.”

Mexico

Photo by: jrsnchzhrs

It is a misconception that Mexico is more lax in its policies toward DUI convictions. While Mexico’s policies seem to change frequently, Mexican officials have access to the U.S. criminal database (Interpol). If it will show up on someone’s record in the U.S., it can show up when they try to enter Mexico. While traveling following a misdemeanor DUI conviction usually won’t end in trouble, there have been several people who have been denied entrance to Mexico for a felony DUI conviction on their record. If a felony DUI doesn’t stop someone from entering Mexico, it has the potential to create a hassle for them upon return to the States.

Know before you go

Anyone with a criminal record including a misdemeanor DUI conviction, planning on traveling internationally is encouraged to inquire carefully with the countries they plan to visit before setting off on their travels to ensure they will not face problems during travel. Even if travelers aren’t denied entrance, being held up with immigration officer could be embarrassing and time consuming. For more information, contact U.S. Passports and International Travel.

DUI Arrests in Utah May Result in Ignition Interlock Device

When an individual in Utah is arrested for a DUI, they may end up sporting an ignition interlock device in their car to keep tabs on them and prevent them from reoffending.

DUI Charges

Photo by:
Sonny Abesamis

Utah is soon to be the strictest state in regards to driving intoxicated when the BAC limit is lowered to .05% next December. When that occurs, anyone with a smidgeon of alcohol on their breath could face 48 hours in jail and a fine of $700 along with other screening and possible classes. Others, including those with subsequent offenses, minors, or those with high a high BAC may face greater challenges including loss of driver’s licenses and expensive ignition interlock devices.

Ignition interlock

An ignition interlock is an expensive device that is installed in a defendant’s vehicle for a determined amount of time following a DUI charge where according to Utah Code 41-6a-505 “there is admissible evidence that the person had a blood alcohol level of .16 or higher”. Ignition interlock devices may also be ordered by the courts if the driver was under the age limit to legally consume alcohol, repeat offenders, or for those who caused injury or death while driving intoxicated. ignition interlock is a built in breathalyzer, requiring drivers to blow into it to be able to start their vehicle. If the ignition interlock detects alcohol, it will not allow the vehicle to be started.

Record and report

Last year alone, ignition interlock devices were credited with stopping over 2,500 individuals from driving while intoxicated. Ignition interlocks do more than prevent a person from driving while intoxicated however. When the device detects alcohol, it electronically stores that information and shares it with the courts which could put a person in violation of their probation. Those who are facing a DUI charge or a probation violation after a failed attempt with an ignition interlock are encouraged to immediately seek counsel with an attorney to receive legal advice in how to proceed with their case.

Strict DUI Laws Not Needed in Arrest of Intoxicated Officer

An officer with the Utah Department of Public Safety was arrested for driving intoxicated and Utah’s strict DUI laws were not needed in this case.

Concerned fellow drivers

Photo by: Ken Lund

Photo by: Ken Lund

A Utah High Patrol trooper pulled over a vehicle north of Panguitch Utah after numerous calls from concerned drivers all reported the vehicle driving erratically. The driver of the car was 35 year old Jason James Whitehead, an armed public safety officer who was more than halfway through his journey from Ogden Utah to Lake Powell for training. Local county officers called to assist noted a bottle of Vodka on the front passenger seat that was halfway empty.

Failed field sobriety tests

Whitehead was arrested for DUI, open container, and carrying a weapon while intoxicated.  Whitehead not only failed his field sobriety tests prior to his arrest, he was barely able to carry on a conversation or walk around on his own. Police reports do not indicate whether a breathalyzer was used to check if Whitehead was legally considered driving intoxicated. From the sound of the situation however, Whitehead was far from being a possible victim of Utah’s new strict DUI laws .

Strict DUI laws of Utah

Strict DUI Laws

(Edited) Photo by: Mark Goebel

The State of Utah has been receiving considerable backlash lately for its strict DUI laws that many deem unfair compared to the rest of the nation. This public outcry comes on the heels of a bill passed to lower the BAC limit in Utah to.05% which is .03% less than everywhere else in the nation who stand at .08%. This lowered BAC limit is set to become law in Utah at the end of 2018. Numerous residents of Utah are opposed to Utah’s strict DUI laws, accusing lawmakers of making money off the social (non-religious) drinker and preying on those visiting from other states who are oblivious to the strict DUI laws. Business owners in Utah such as restaurants and bars are also lamenting the lowered BAC limit as they are likely to be hit financially with the lack of revenue from lowered alcohol sales.

Go for the big fish

While the general public is grateful when a dangerously intoxicated driver such as Officer Whitehead is removed from the road, few residents want or expect every individual who enjoyed a drink with lunch to end up facing criminal charges. This does not strike the majority of people as an appropriate way to spend taxpayer dollars or how an officer should “discharge the duties of [their] office with fidelity”. For more information on Utah’s strict DUI laws or for legal counsel regarding criminal charges, contact a criminal defense attorney.