Traveling to Mexico can be an exciting prospect, but if you have a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) on your record, you might be wondering, “Can You Travel To Mexico With A Dui?”. The answer isn’t always straightforward and depends on the specifics of your conviction.
Generally, you can still travel to Mexico with a DUI conviction in the United States. However, Mexican immigration officials have the authority to deny entry to individuals charged with or convicted of a “serious crime” in Mexico or elsewhere. Understanding what constitutes a “serious crime” is crucial before planning your trip.
What Constitutes a “Serious Crime” in Mexico?
Mexican authorities define “serious crimes” as those that significantly and negatively affect a society’s fundamental values. According to the Mexican Consulate, examples of such crimes include murder, robbery, child pornography, corruption of minors, terrorism, vehicular theft, crimes against the environment, and extortion.
A misdemeanor DUI is unlikely to be considered a “serious crime.” Therefore, an immigration officer would likely allow you to enter Mexico if you have a past misdemeanor DUI. However, a felony DUI conviction may prevent you from crossing the Mexican border.
When is a DUI Considered a Felony?
In many states, a DUI can be elevated to a felony under certain circumstances. These typically include:
- Multiple DUIs: Having several prior DUI convictions on your record.
- Vehicular Assault: Driving under the influence and causing serious injury to another person.
- Vehicular Manslaughter: Driving while intoxicated and causing a fatal accident.
In most other situations, a DUI is charged as a misdemeanor. If your DUI falls into one of these felony categories, it’s more likely to raise concerns when entering Mexico.
The Role of INTERPOL
INTERPOL, or The International Criminal Police Organization, plays a role in sharing criminal data across over 190 countries, including the U.S., Mexico, and Canada. This organization facilitates the sharing of information, helping immigration officers access past criminal convictions, including DUIs, if they run a background check. While not every traveler undergoes a background check, INTERPOL’s presence means that a past DUI conviction could potentially be discovered.
Can Expungement Help Your Case?
Expungement is a legal process where a court destroys your criminal record. Some states offer record sealing instead, which hides your record rather than destroying it. If your DUI record has been expunged or sealed, it typically will not appear on a criminal background check. This could make it more difficult for Mexican immigration officials to learn about your past DUI conviction. However, it’s essential to understand the specific laws of the state where you were convicted and whether the expungement is recognized internationally.
Traveling to Mexico While on DUI Probation
If you are currently on probation for a DUI, it’s generally advisable to avoid international travel until you have completed your probation. Courts often impose travel restrictions as part of probation conditions. These restrictions may prohibit you from traveling outside your county, state, or even the U.S.
If you are unsure about any travel restrictions, consult your probation officer or the judge overseeing your probation. Violating a travel restriction could lead to your probation being revoked.
Seeking Legal Advice
If you have a past DUI and are considering traveling to Mexico, consulting with a criminal defense attorney can be beneficial. A lawyer can assess your specific situation, advise you on whether your criminal record or driver’s license suspension might prevent you from entering Mexico, and assist you in pursuing expungement of your DUI conviction. Many individuals with a past DUI feel more confident traveling internationally after seeking legal counsel.
Conclusion
So, can you travel to Mexico with a DUI? The answer is often yes, especially for misdemeanor DUIs. However, the potential for denial based on felony convictions or probation restrictions exists. Due diligence, including understanding your conviction status, potential background checks, and travel restrictions, is crucial. Seeking legal advice can provide clarity and peace of mind as you plan your trip to Mexico.
