If you were convicted of driving under the influence (DUI) five years ago and are now considering a trip to Cancun, you might be wondering if your past conviction will impact your travel plans. It's a valid concern as different countries have varying entry requirements and restrictions based on criminal records. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
Will a DUI Stop You from Entering Mexico?
Generally, a basic misdemeanor DUI will not prevent you from entering Mexico. Mexican immigration officials can deny entry to foreigners if they have been charged with or convicted of a "serious crime" in Mexico or elsewhere. According to the Mexican Consulate, serious crimes include murder, robbery, and child pornography, among others.
Most DUI offenses do not rise to the level of these felonies. Therefore, an immigration officer in Mexico is likely to allow you to enter the country despite a past DUI conviction. However, it’s important to note that border agents have discretion and could prevent entry if the DUI charge was particularly severe.
When is DUI Considered a Felony?
In most states, DUI can be classified as a felony in the following situations:
- Multiple DUIs: If you have multiple DUI convictions on your criminal record.
- Injury to Others: Driving under the influence and seriously injuring someone, sometimes referred to as vehicular assault.
- Fatal Accidents: Driving intoxicated and causing a fatal accident, also known as vehicular manslaughter.
In these instances, a felony DUI might be seen as a serious crime, potentially affecting your ability to enter Mexico.
Understanding INTERPOL's Role
INTERPOL, the International Criminal Police Organization, helps share criminal data across over 190 countries, including the U.S., Mexico, and Canada. If a Mexican immigration officer runs a background check, they might learn of your past DUI conviction through INTERPOL’s database.
Can an Expungement Help?
Expungement refers to the process whereby a court orders that your DUI record be destroyed. Some states also offer record seals, which hide the record from most people and entities without completely destroying it. If your DUI record is expunged or sealed, it is less likely to show up on a criminal background check, making it more difficult for a Mexican immigration official to learn of your past DUI conviction.
What If You Are on Probation for a DUI Offense?
If you were placed on probation following a DUI conviction, it is generally advisable to avoid international travel until you successfully complete your probation. Courts often impose travel restrictions on offenders as part of their probation conditions. Depending on your specific terms, you could be prohibited from traveling outside of your county, state, or the U.S. Violating these travel restrictions can result in a probation violation and potentially the early termination of your probation.
If you are unsure about any travel restrictions, consult your probation officer or the judge overseeing your probation.
Can a Criminal Defense Attorney Help?
Seeking legal advice from a defense lawyer or law firm can be beneficial if you have a past DUI and are considering traveling to Mexico. A criminal defense lawyer can help by:
- Reviewing the facts of your case and advising whether they may pose a problem for entry into Mexico.
- Advising on whether a driver’s license suspension, imposed after a DUI, will result in difficulties entering Mexico.
- Assisting with the process of getting a past DUI conviction expunged.
In our experience at Law Office of Michael L. Fell, people with a past DUI often feel more confident about their travel plans after consulting with a skilled defense lawyer. If you have concerns about traveling with a DUI on your record, contact Law Office of Michael L. Fell at (949) 585-9055 for a consultation. Our experienced attorneys are here to help you understand your options and ensure a smooth travel experience.