Woozle47
Member
Hello CJ.
Did your instructor mention travelling to the USA for a short holiday with a DD conviction? I'm aware of living or working over there would pose a problem with a 'DUI'
Travelling: How has it affected you?
- Thread starter SillySausage123
- Start date
Did your instructor mention travelling to the USA for a short holiday with a DD conviction? I'm aware of living or working over there would pose a problem with a 'DUI'
LucyLucy
Member
Hi I recently emailed a guy I know with a DD conviction including crashing a vehicle and a high speed police chase , I had planned to go to America and know he frequently goes, he said he always ticks NO on the ETSA and has been at least 6 times since I last saw him he's mid Thirties had a long ban around 2012 and went out within a month of his ban ending initially.
He just said "hey yeah , no worries just go " to me , I didn't but thought may as well post
price1367
TTC Group
Several years ago the USA amended the questions that they ask on th ESTA form.
what they ask now is something like:
”Have you ever been arrested for nay offence which involved serious injury to another person?
have you ever been arrested for any offence which involved serious damage to property (not your own)
Have you ever been arrested for any offence which involved serious loss to your Government? “
if you can answer “No” to those 3 questions then you will pass the ESTA route to go to the USA on a visitor basis.
if you need to apply for a visa, for reasons such as having visited certain Middle Eastern countries since 2012, then you have to apply for a visa, and on that it asked the original question “Have you ever been arrested for any criminal offence?” And when you disclose your drink driving conviction they will send you for a medical if it was in the past 5 years to assess you (at your cost) and if you are currently the subject of a disqualification they may well refuse you admittance.
As for Canada, they have an ETA form that needs completing if you are going to visit there, or even travel through a Canadian airport en route to another country. That asks if you have ANY convictions and they refuse entry for 10 years for anyone with a DD conviction.
what they ask now is something like:
”Have you ever been arrested for nay offence which involved serious injury to another person?
have you ever been arrested for any offence which involved serious damage to property (not your own)
Have you ever been arrested for any offence which involved serious loss to your Government? “
if you can answer “No” to those 3 questions then you will pass the ESTA route to go to the USA on a visitor basis.
if you need to apply for a visa, for reasons such as having visited certain Middle Eastern countries since 2012, then you have to apply for a visa, and on that it asked the original question “Have you ever been arrested for any criminal offence?” And when you disclose your drink driving conviction they will send you for a medical if it was in the past 5 years to assess you (at your cost) and if you are currently the subject of a disqualification they may well refuse you admittance.
As for Canada, they have an ETA form that needs completing if you are going to visit there, or even travel through a Canadian airport en route to another country. That asks if you have ANY convictions and they refuse entry for 10 years for anyone with a DD conviction.
C J 1980
Established Member
Evening people,
Apologises for my late reply - I don't log on to this site that regularly.
Regarding the US and Canada from what I do know is that for holidays, there is a little bit of red tape but I shouldn't think there is any major issue with going there. However, I'm only speaking on behalf of people who ONLY have a drink driving conviction. If you do have unconnected cautions and convictions for general offences like theft or assault I'm afraid this could be tricky.
In terms of working there under a Visa or emergrating I'm afraid this might be extremely difficult, certainly during the unspent period. I'm lead to believe, Canada is the worse of the two as you have to declare it for ten years from the court date.
What I would do to clarify this to speak to a travel operator (in confidence) or seek an advise line from embassy officials who may be able to confirm it. I wouldn't book anything and part with any money for holidays until you've confirmed these issues first.
I hope what I've offered may be of some use.
Regards
CJ
Apologises for my late reply - I don't log on to this site that regularly.
Regarding the US and Canada from what I do know is that for holidays, there is a little bit of red tape but I shouldn't think there is any major issue with going there. However, I'm only speaking on behalf of people who ONLY have a drink driving conviction. If you do have unconnected cautions and convictions for general offences like theft or assault I'm afraid this could be tricky.
In terms of working there under a Visa or emergrating I'm afraid this might be extremely difficult, certainly during the unspent period. I'm lead to believe, Canada is the worse of the two as you have to declare it for ten years from the court date.
What I would do to clarify this to speak to a travel operator (in confidence) or seek an advise line from embassy officials who may be able to confirm it. I wouldn't book anything and part with any money for holidays until you've confirmed these issues first.
I hope what I've offered may be of some use.
Regards
CJ
SillySausage123
Well Known Member
I think USA is fine from reading comments on here. Canada not so, particularly for a 10 year duration
Recovered22
Established Member
Just reporting back, I've just been to the USA with no issues. Wasn't allowed to hire a car but that was to be expected. Applied for Canada for a family wedding and was refused. That's just my own experience!
SillySausage123
Well Known Member
Nice one Grice, been waiting for your update - glad you reported back and that you were able to enter into USA successfully.
Did you apply via esta and just go through smoothly?
Such a shame about Canada
Recovered22
Established Member
I applied via esta to be safe. Was able to answer no to most of the questions and declared my conviction, no issues. Did my homework beforehand and knew I wouldn't get a hire car, but I chanced my arm anyway and was told politely no chance lol
Pity about Canada, I will be one of the two family members who won't be able to go due to previous criminal convictions :-(
Pity about Canada, I will be one of the two family members who won't be able to go due to previous criminal convictions :-(
Woozle47
Member
Brilliant news on the ESTA entrance. May I ask, without knowing your background, why you couldn’t you hire a car in the states? I was of the understanding if you have a full, valid UK licence (and not currently banned) there are no restrictions.
Recovered22
Established Member
They do not accept anyone who has a DUI still present on their licence. They require to see both your licence and your counterpart, upon looking at my counterpart I was rejected and another family member had to go ahead with the hire. Got rejected for hiring a van in the UK for the same reason.
Once the 11 years has past and you are able to get the drink or drug offence removed off your counterpart it should be smooth sailing.
Once the 11 years has past and you are able to get the drink or drug offence removed off your counterpart it should be smooth sailing.
Woozle47
Member
Thank you for your quick reply. I received a DR40 - points and a fine, no ban. I know I can’t hire a car in the UK for 5 years but I’ve never had an issue with car hire in Europe. I’ve not visited the US since it happened but can’t find anything to suggest I couldn’t hire a car. But would be interested to here anyone who has. Also, I do not have a counterpart anymore. Just the plastic card
Recovered22
Established Member
Without the counter part you should be fine. We still have them with an NI licence so the girl at Hertz asked me to see it and that was it, no dice for me. Without the counterpart there would have been no way for her to know I was convicted of DUI.
Woozle47
Member
That makes sense regarding the counterpart. Thanks for the information much appreciated ?
JS91
New Member
For travel to Canada, various sources including NACRO and Canadian Immigration suggest that if your drink driving conviction is spent under the rehabilitation of offenders act (5 years from date of conviction), this is equivalent to a Canadian record suspension (aka pardon), and you are no longer inadmissible. Is this correct?? It would suggest you do not need to wait 10 years...
price1367
TTC Group
For Canada you have to complete an ETA form, (introduced a couple of years ago and is similar to the USA ESTA form) and that asks “have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/territory?”
The Rehabilitation of Offenders act does not apply, you have to declare any such offence EVER. A drink drive conviction makes you ineligible to enter Canada for a period of 10 years, but I understand they MAY consider exceptional circumstances. For this though you would need a VISA, not for you to enter under the ETA procedure.
For entry to the USA, the ESTA form asks a question with wording similar to: (note I cannot access the exact wording without starting to complete the form). “ have you ever been arrested for any offence involving serious injury to another person, serious damage To property (that would not include your own car) or significant loss to your Government?”
You should only use the link to the official US Embassy website. There are a number of other sites (including tour operator ones) which have the old form on it and the wording on them is NOT correct. (And they usually charge an inflated fee)
For drink drive purposes that would mean an accident with serious injury to other passengers in yours or another car (or pedestrian) or damaging several cars (or one very expensive one!)
So if you can answer “NO” to that question you are eligible to complete the ESTA registration rather than go down the Visa route. This would not apply for multiple drink drive (or other drunkenness offences) as they view several instances as a problem under their Mental Health restrictions.
If you do need to apply for a visa for work, or because you are ineligible for ESTA because of having a stamp in your passport to Iraq or other similar countries, then the question on the Visa form is like the old question that they used to ask on the ESTA form: “Have you ever been arrested for any criminal offense?” and if you have a drink drive conviction in the past 5 years they will probably require you to have a medical (cost about £320) before they will consider granting you entry.
simple isn’t it? !!!!!!!!!!!
The Rehabilitation of Offenders act does not apply, you have to declare any such offence EVER. A drink drive conviction makes you ineligible to enter Canada for a period of 10 years, but I understand they MAY consider exceptional circumstances. For this though you would need a VISA, not for you to enter under the ETA procedure.
For entry to the USA, the ESTA form asks a question with wording similar to: (note I cannot access the exact wording without starting to complete the form). “ have you ever been arrested for any offence involving serious injury to another person, serious damage To property (that would not include your own car) or significant loss to your Government?”
You should only use the link to the official US Embassy website. There are a number of other sites (including tour operator ones) which have the old form on it and the wording on them is NOT correct. (And they usually charge an inflated fee)
For drink drive purposes that would mean an accident with serious injury to other passengers in yours or another car (or pedestrian) or damaging several cars (or one very expensive one!)
So if you can answer “NO” to that question you are eligible to complete the ESTA registration rather than go down the Visa route. This would not apply for multiple drink drive (or other drunkenness offences) as they view several instances as a problem under their Mental Health restrictions.
If you do need to apply for a visa for work, or because you are ineligible for ESTA because of having a stamp in your passport to Iraq or other similar countries, then the question on the Visa form is like the old question that they used to ask on the ESTA form: “Have you ever been arrested for any criminal offense?” and if you have a drink drive conviction in the past 5 years they will probably require you to have a medical (cost about £320) before they will consider granting you entry.
simple isn’t it? !!!!!!!!!!!
JS91
New Member
Thanks.
I am referring specifically to the below, taken from NACRO, as well as various other sources
‘If your convictions are spent under the terms of the Rehabilitation of Offenders Act 1974, you will be deemed rehabilitated for the purposes of entering Canada. This is following a decision made in the 1991 case of Canada (Minister of Employment and Immigration) v. Burgon.’
This would seem to contradict the above. I have read that if you obtain a Canadian pardon - or equivalent - you are no longer inadmissible. The above suggests the Rehabilitation off Offender IS equivalent to a Canadian record suspension.
Anyone have any experience of this?
I am referring specifically to the below, taken from NACRO, as well as various other sources
‘If your convictions are spent under the terms of the Rehabilitation of Offenders Act 1974, you will be deemed rehabilitated for the purposes of entering Canada. This is following a decision made in the 1991 case of Canada (Minister of Employment and Immigration) v. Burgon.’
This would seem to contradict the above. I have read that if you obtain a Canadian pardon - or equivalent - you are no longer inadmissible. The above suggests the Rehabilitation off Offender IS equivalent to a Canadian record suspension.
Anyone have any experience of this?
price1367
TTC Group
You cannot rely on advice in the UK on admission to another country, best to get the information direct.
here is what the Canadian website says:
It does talk about rehabilitation but this is in relation to applying for a Visa, you have to be “squeaky clean” to have an ETA granted (which is a visa waiver system) and you will see that it can take up to a year to be investigated and granted. It talks about rehabilitation for offences and that it can be different times according to the offence.
i will admit that my only knowledge of the 10 year rule for drink driving is seeing the TV programme where they have a “fly on the wall” view of the USA / Canadian Borders where they screen people entering by road or air. I have seen a number of instances on that programme where people have been told “you realise that a DUI conviction makes you ineligible for entry to Canada for a period of 10 years?” and they are then turned away.
here is what the Canadian website says:
It does talk about rehabilitation but this is in relation to applying for a Visa, you have to be “squeaky clean” to have an ETA granted (which is a visa waiver system) and you will see that it can take up to a year to be investigated and granted. It talks about rehabilitation for offences and that it can be different times according to the offence.
i will admit that my only knowledge of the 10 year rule for drink driving is seeing the TV programme where they have a “fly on the wall” view of the USA / Canadian Borders where they screen people entering by road or air. I have seen a number of instances on that programme where people have been told “you realise that a DUI conviction makes you ineligible for entry to Canada for a period of 10 years?” and they are then turned away.
JS91
New Member
one of the options below is the granting of a record suspension. The rehabilitation of offenders is equivalent to a record suspension, so the above website would also suggest you are no longer inadmissible once this is the case...
Wondering if anyone has actual experience of an application of this rule. I don’t think I’m interpreting it incorrectly...
What you can do
Depending on the crime, how long ago it was and how you have behaved since, you may still be allowed to come to Canada, if you:
Wondering if anyone has actual experience of an application of this rule. I don’t think I’m interpreting it incorrectly...
What you can do
Depending on the crime, how long ago it was and how you have behaved since, 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 suspensionor
- have a temporary resident permit.
ZZTopWereHere
Well Known Member
Hi all,
I knew about Canada ever before the course because I have a relative there and it's indeed the most annoying consequence of my conviction in 2016, however my experience with the US has been fine as far as my DD conviction is involved.
I and my wife missed a planned holiday to the US not because of my conviction, but because of a new law approved in the US at the end of 2015 which requires to apply for a full B1/B2 visa if you've visited some countries since 2011. In that context, I had then also to share my criminal record. Even though I had two "red marks" (having visited a specific country and having a criminal record), I've received my visa in a couple of weeks from my application but unfortunately we missed our holiday because my wife got the visa too late, after over six months. Her only "fault" was to be born in that country and having that second nationality. At least, now we both have US visas for another 6-odd years.
Later I've travelled to the US twice for work on my visa and all went fine, even better than my pre-2015 trips on the ESTA and a passport with stamps from the country not liked by the US and where my in-laws still live.
Most of my experience with applying for that visa is in these threads (look also at my older messages there):
HTH.
Have a good day,
Z
I knew about Canada ever before the course because I have a relative there and it's indeed the most annoying consequence of my conviction in 2016, however my experience with the US has been fine as far as my DD conviction is involved.
I and my wife missed a planned holiday to the US not because of my conviction, but because of a new law approved in the US at the end of 2015 which requires to apply for a full B1/B2 visa if you've visited some countries since 2011. In that context, I had then also to share my criminal record. Even though I had two "red marks" (having visited a specific country and having a criminal record), I've received my visa in a couple of weeks from my application but unfortunately we missed our holiday because my wife got the visa too late, after over six months. Her only "fault" was to be born in that country and having that second nationality. At least, now we both have US visas for another 6-odd years.
Later I've travelled to the US twice for work on my visa and all went fine, even better than my pre-2015 trips on the ESTA and a passport with stamps from the country not liked by the US and where my in-laws still live.
Most of my experience with applying for that visa is in these threads (look also at my older messages there):
Getting a USA visa (travelling to america with a drink driving conviction)
Some people take weeks to get through the medical stage. I hear of them receiving a letter a week after the Visa interview asking them to attend a medical, so you were well prepared expecting the medical at interview and could respond accordingly. Thanks Price. In all fairness to other people...
www.forum.drinkdriving.org
HTH.
Have a good day,
Z
Enter code DRINKDRIVING10 during checkout for 10% off
![]()
