Looking for up to date Information on US travel - Confused!

Convicted Driver Insurance

simunsta

New Member
Hi there,

I recently, and extremely ashamedly, drove under the influence of alcohol (97 breath), ending up crashing into a central reservation. No one else was hurt, no one else was involved, but my car was pretty badly smashed up. Again, I am extremely ashamed by this action (which I cannot explain) and would never have seen myself taking this action. Regardless, I have done it and I have my ban, my fine, and my course to attend.

I now have a DR10 charge (that only lists an offence of drink driving), but had been planning to travel to Las Vegas mid to late next year to get married. I already have an ESTA from a trip to Florida last year, but am unsure of where I now stand.

I know that there have been ongoing discussions about whether or not a DR10 constitutes 'Moral Turpitude', but upon checking on the ESTA application today I note that the question reads (has changed?):

"Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?"

Having decided not to keep said vehicle, as the cost of repair would outweigh the cost of the vehicle itself (>£1k), I am unsure how I should proceed. I'm guessing that your own property would be included in this kind of question?

Has anyone recently gone through a similar process, under this current wording (if it has indeed changed)?

And, lastly, does anyone know whether the US custom authorities would have access to the detail of this kind of criminal conviction (the aggravating factors), or is the fact that I have a DR10 still in line with DUIs not constituting Moral Turpitude and therefore likely not an issue?


Sorry if this is not the place to ask this or a silly question, but I'm very grateful for any advice on pointing-in-the-right-direction that anyone can give me!

Thanks in advance,
S
 
You are right that the wording has changed, thank you for pointing this out as I had not viewed the application form for a while.
the question used to be "have you ever been arrested or convicted for any criminal offence,.?" With the clarification that this was an offence involving 'moral turpitude'.
Some people said that this did not include drink driving, but my understanding was this:
You go drink driving, YOU get prosecuted, YOU have a conviction caused by drink.... This is NOT moral Turpitude.
YOU go drink driving and have an accident, OTHERS are injured as a result of YOUR drinking, that IS moral turpitude. YOUR drinking has caused someone ELSE a problem.
with the re wording of the question, that fits in nicely with what I have said, if you cause a serious injury in an accident whilst drink driving, then you have to declare it, and are NOT eligible for the ESTA scheme and need to apply for a Visa. It does now, however, clarify that serious damage to property is also declarable. I do not feel that this would include damage to your own property, so in your case I think that you can tryvel as normal on your current ESTA, and honestly answer 'no' to that question when you renew.
Merry Christmas!
 
Just got back from the States after 3 weeks out there, no issues whatsoever with my DR10, can't remember the exact wording of the questions but I answered with a clear conscience. Don't worry.
 
Thanks guys,

As you say, it really does seem the best thing to do is not to say everything.

My understanding is that they (US Customs) don't have access to UK criminal records, so would have no way of knowing of the DR10, even if it was a crime of 'moral turpitude'.

Now just to battle to ensure that my DDI Course doesn't clash!

Best,
S
 
There is no rush for the Drink Drive course, but I would not leave it until the last minute.
If, for example, you had a 2 year ban (about the going rate for a reading of 97) then you would get up to 6 months reduction. There is a time limit where you have to complete a course by, which the court will have told you of, and should appear on the course providers paperwork. This is generally 3 months before the ban finishes, so on a 2 year ban, this would mean completion by the end of month 15,
If you leave the course until after your wedding, that will leave you with very little time. Some course providers only run courses when there are sufficient numbers to warrant a course, which could mean that they go months without a course in a given area. You are free to chose whichever provider that you want to do the course with, you are not bound by the one that was nominated in court.
You can find providers in your area on this link:

http://www.dft.gov.uk/fyn/ddrs.php
 
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