Traveling in Europe with a DUI (UPDATED INFORMATION)

This is my first time internationally and some countries (such as Canada) consider it a felony even though it happened in the states and will turn you away.

This is not the definitive place for the type of information you are looking for.
Canada is strict on the DUI policy for those entering Canada. I don't know if there is a difference between entering and transiting. You would be ahead to contact Canadian Immigration directly with your concerns.

You will not be passing through immigration at every country that you visit. Often you will simply be driving along a road or traveling on a train and go from one country to another without even realizing it. Do research with the country that you will be entering on your flight from the US. By research, I mean contact them directly, don't rely on information from this forum. You have too much as stake.

I just wanted to see if someone can give me direction on where I could find this information because either A) no one knows or B) I get wrong contact numbers and I am back at square one!

If you have a DUI on your record you cannot enter Canada to visit.

Where did you get that from? I can imagine that you would have difficulty renting a car in Canada with a DUI on your record, but outright banned from entering the country? I'm skeptical. If you are seriously concerned, you should contact the Canadian embassy/consulate.

I just wasn't sure if this was the same if we are just changing planes.

If you are just changing planes, then you will just be a "transit" passenger, you will not have to go through Canadian immigration - technically, you're not really entering Canada. Millions of people transit airports in third countries every day without being subject to their immigration policies. This is routine.

I really believe that your concerns are completely off-base. I'd cross this off your list of things to worry about.

Just don't drink and drive in Europe (or anywhere for that matter - but in all the countries you will be visiting, they have both wonderful alcohol and very strict laws about DUI).

I would contact the Canadian Consulate in Seattle
http://international.gc.ca/world-monde/united_states-etats_unis/seattle.aspx?lang=eng

Your very own US government (the US Customs and Border Protection) has info on this right here:

Can I enter Canada and the U.S. if I have a DUI on my record?

Without putting too fine a point on it, a DUI conviction on your record can be problematical. Canada is the biggest danger, as a DUI is considered an indictable offense in Canada, and their exclusion rules are severe. Generally (I am not a Canadian lawyer, so this is general info) Canada will exclude you if you try to enter and if you enter successfully because they don't find out, you may be committing a crime in Canada by doing so. I would suggest that if you don't go through customs but stay on the air side of the airport, you won't technically be entering Canada, BUT you need to contact an attorney licensed in Canada to confirm this. Here's a link I got online: http://www.jrandslaw.com/canada/

I am not aware of any problems with the other countries. If you have received information concerning DUI convictions related to European entry, I suggest you start your information search here: https://www.expertlawfirm.com/international-travel-and-dui-convictions/

At least as far as the UK is concerned, if you have been convicted of a criminal offense visitor admission can be refused on the grounds of being not conducive to the public good. The criteria in detail take into account whether there was a custodial sentence, how long it was, and how long ago it was. If there was no custodial sentence and it happened over 12 months ago then this would be disregarded in the absence of other factors, such as persistent offending. I appreciate you may not want to go into details of your circumstances in public, but if it falls outside of these then there shouldn't be a concern.

A quick Google search tells me you may have a problem flying through Canada. I'm no expert but, if it were me, would feel more confident if I applied for permission. This seems to be the link: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E5. It would probably be simpler to choose a flight that doesn't pass through Canada.

Good luck and have fun!

All questions on landing cards and in interview must be answered truthfully and completely or the punishment can be much more severe than declaring and explaining. Nobody is saying that you wouldn't - this is for everybody who reads the thread.

Canada has a strong reputation - founded in fact - that DUI records render most persons inadmissible to Canada. You need to talk to a person who has definite knowledge of the laws and procedures as well as your specific circumstances (or those of your sister, whoever it is), and the same can be said of which country you are landing in the Schengen area (including France, Belgium and Netherlands among others) and the UK (England is one of the nations of the UK but the UK is the country).

Clearing it beforehand as you are doing is definitely the best policy. If anybody gives you a legal opinion get it in writing and take it with you.

"Unfortunately, getting into Canada with a DUI is not as simple as showing up at the border with a valid United States passport. If you have ever been arrested or convicted for driving under the influence of drugs or alcohol, regardless of whether it was a misdemeanor or felony offense, you may be criminally inadmissible to Canada and denied entry. Regardless of whether or not you have any intention to drive while in the country, a DUI (including civil infractions and "Actual Physical Control DUI" violations) can cause you to get turned away at the border and can impede your eligibility across all Canadian immigration programs. "
Source: http://www.canadaduientrylaw.com/

"Canada may not allow persons with DUI (driving under the influence of drugs or alcohol) convictions to enter their country. A Canadian immigration officer will decide if you can enter Canada when you apply for a visa, an Electronic Travel Authorization (eTA), or upon your arrival at a port of entry."
Source: U.S. Customs and Border Protection

I don't mind so much having to take a different flight, but what I'm concerned about is flying (what most of our transportation will be) into a different country, they scan my passport and say "sorry but...." I just wasn't sure if anyone else has traveled in the same situation.

Kristen, I'm glad you were able to find the pertinent info regarding Canada's laws. You could apply for remediation, but it can take months for the paperwork, with no real guarantee if success. The only other thing I can suggest is contacting the embassy for each country you will be flying into, to see if they have similar restrictions. An online search may only be frustrating, leaving you with more unanswered questions.

Though it means some leg work, I think that the only way you can be fairly certain about the law would be by calling or emailing the consulates or embassies of the countries you wish to visit. I would not rely on a tourist office to get the correct answer to a legal question.

Kristin,

I'm not a Lawyer or Immigration expert, but a few thoughts on your questions......

As I understand the rules, entry into Canada with a DUI conviction may be allowed under some circumstances. CBSA officers have some discretion, but admission may depend on such factors as.....

• how long ago the conviction was
• whether there have been any further convictions since then (ie: a repeated pattern of behaviour)
• whether your sentence was custodial
• whether you are completely truthful with the officer - CPIC / NCIC are linked, so when an officer asks a question about criminal convictions, h/she generally already knows the answer. Travellers with convictions who are evasive or who lie will more often than not be denied entry.

Given that you're only transiting through Canada, this may not be an issue if you stay on the airside and don't "officially" enter the country. I don't know whether this is the arrangement at the airport you'll be going through. This provides some information on that - http://www.canadaduientrylaw.com/flying.php .

Unfortunately, given your state of residence you don't appear to have the option of vacating your conviction - https://www.robertsonlawexpungement.com/vacating-dui-and-dui-related-convictions .

This website suggests that there may be a solution with a Temporary Resident Permit but I'm not sure that's an option in your case - http://bordercrossing.ca/dui-canada-border-crossing/ .

This article may also answer a few questions - https://www.huffingtonpost.ca/henry-chang/america-canada-dui_b_12344116.html .

And finally the definitive source for information - https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html .

As others have suggested, you might contact the Canadian Consulate in Seattle for guidance - http://international.gc.ca/world-monde/united_states-etats_unis/seattle.aspx?lang=eng . They'll be able to provide some suggestions. If your conviction occurred quite some time ago and you've had a clean record since then, you may fall under the "deemed rehabilitation" category.

I don't know what the rules are for the European countries you mentioned but again, being truthful with the officers is always the best policy. They may not ask about DUI convictions.

Good luck!

Ken: Thank you for all of that information!

I am surprised that more travel agencies do not know the answers to these questions, I'm thought it would be more common then people think. I will take the advice and contact the countries directly. Though the tourist offices are knowledgeable, this is too important of a situation to get the wrong answer.

I would not want to be responsible for giving a traveler information on a legal issue such as this, so I'm not surprised that travel agencies prefer to punt on this subject. Who wants to get sued if they're wrong?

It seems like the easiest thing to do is find a flight that doesn't involve Canada in any way.

Kristin, how about contacting the lawyer you used for your DUI? If the incident happened in WA where you list you are from, the lawyer may be of help since it is not a stretch for persons in your area may be traveling to Canada.

Kristin, how about contacting the lawyer you used for your DUI? If the
incident happened in WA where you list you are from, the lawyer may be
of help since it is not a stretch for persons in your area may be
traveling to Canada.

Why would a criminal lawyer who deals in local DUIs know anything definitive about international immigration law? Apples and oranges. Kristin's problem isn't just with Canadian law, but also (potentially) with the European countries she'll be flying into. Leave the lawyers out of it. Go to the source - the consulates or embassies.

I'm just going to scratch Canada all together, it really isn't worth it just to save around $100 on air faire. I'm going to call the embassies in Seattle and see what they say. Hopefully I can find a direct answer or a hold of someone.

CJean
Unfortunately my son is dealing with a DUI in WA and is supposed to travel to Canada in a few months. His lawyer knew about the the issue because people in WA travel to Canada because it is so close. I was trying to be helpful and thought it is not uncommon for people from Tacoma WA to travel to Canada. A good lawyer would be aware of the needs of his/her clients and if that lawyer did not know he/she may refer OP.

JVB thank you for the idea. When I contacted them they suggested contacting the countries directly because they were not versed in other countries procedures. Entry to Canada can be granted with a DUI but it involves a lot of time and paperwork from what I've heard. Also the more time that has passed, they less strict they are

I go to Canada and Europe quite often and never was asked about DUI. But I know about the case when the guy volunteered that information and was not allowed to proceed to Canada. Immigration officers in Europe most of the time are not asking questions, they simply stamp your passport. Besides I strongly doubt that they can verify information about DUI in the States. But DUI in Europe - that would be something totally different. Conclusion: I would take my chances. Very very unlikely that you would run into problem. But if you want to be 100% sure you need to investigate farther. Start with links above provided by others.

Just wondering about the mechanics of “being caught.” Obviously driving into Canada a person showing their driver’s license could easily be linked to a DUI by their license number. I’m a bit at a loss as to matching up addressless passports and DUI records with just surnames. They would have to be cross referencing the API info in advance to find the match before you land, and in this case the passenger is only transiting Canada. Just seems so unlikely.

On a side note I read the blood alcohol limit in Norway is .02, that’s less than 1 drink.

Tom_MN When was the last time you crossed the land border into Canada? Your passport (NOT your DL) is scanned by the border control officer. Your full info pops up on their screens. Any criminal history will likewise show up. That info is freely shared by both countries. Computer systems nowadays are a wonderful thing. Practically instant info at their fingertips.

As was previously mentioned about the OP- if she remained airside, she wouldn't need to go through immigration. But if anything untoward happened with her flights, and she had to exit out of the secure area, she'd be screwed.

Your passport (NOT your DL) is scanned by the border control officer.

In addition, they also scan your license plate, and can get additional data for whom the vehicle is registered.

I'm glad this thread was started Kristin!!! 3 weeks after we return from our trip to Europe we are taking my inlaws on an Alaskan Cruise which starts in Vancouver. My FIL got a DUI 4 years ago. I've been doing a ton of research. I don't think flying through Canada would be an issue. The problem is if you go through Canadian Immigration. They have access to the NCIC database. My FIL is now trying to get his DUI expunged from his record. If he can't I don't think he won't be able to go on the cruise unless we do roundtrip out of Seattle instead.

Jill: try calling this number ‭(204) 983-3500‬ when I called for travel information to see if I could pass through if need be, that’s the number I was given, they may be able to help you with the cruise!

CJean: But who is cross referencing all this stuff? There’s no connection between passports and criminal records, and it’s far fetched to think someone is building some profile on everyone that’s shared globally.

Driver’s licenses and license plates can be quickly tied to crimes, but passports have little personal information, specifically no address or social security number.

Since DUI records are only stored at the state level in the US, I’m curious how many states the Canadian govt is asking for criminal records and compiling them (probably not New Mexico).

This is a post about the UK
https://www.quora.com/Passports-Does-criminal-record-appear-in-every-passport-one-has

Tom, the personal info that you give on your passport application isn't on your passport face page. But it's encoded into the passport itself. Why do you think that the passport is swiped when you pass through immigration?

As for the article you cited- that refers to the UK. You can thank your Homeland Security for the extreme vigilance at North American border points.

Try watching a few episodes of Border Security. It's informative, and endlessly entertaining.

Tom_MN this may help you understand how the criminal database is accessed:

http://www.canadaduientrylaw.com/how-does-canada-know.php

Jill,

" If he can't I don't think he won't be able to go on the cruise unless we do roundtrip out of Seattle instead."

Your FIL may still have to deal with CBSA officers if the ship makes any stops in Canadian ports. He may not be able to participate in all the shore excursions.

Personal real live experience here. About 20 years ago, my husband had a DUI. It was his second in about 10 years. None since and he no longer drinks. But for all of those last 20 years, he's gone to Canada yearly or every other year. Never has he had an issue crossing the border by car. He's usually been the one driving at the border. Twice we've flown and rented a car in his name.

Your mileage may vary, of course. Something recent would be more of a problem than an old conviction. If the US and Canada were not sharing info 20 years ago they certainly were 10 years ago.

One last thing. If you do call consulates to ask about your situation, avoid giving them your name. No need for them to flag you in their system. Maybe a bit paranoid, but better safe than sorry.

Tom- whoever your talking to, stop.

I'm not talking to anybody, I look up court records in state databases for various reasons. I started looking as my personal pre-check of those parents who were driving my kids to soccer games in carpools, and yes I did turn up a DUI conviction (well, a DUI charge reduced to reckless driving, with marijuana possession, and as a 30 year old) and then had to discretely deal with that info. So I know what condition these county court records (they roll up from the county to the state database) are in, addresses wrong or changed, birth dates wrong, names misspelled, names changed. Even knowing that someone has a criminal record, finding that court record with maiden names is a fraught process, you must try every combination of hyphenation of maiden and married names to get a hit. So without a social security number, linking people with records is not easy and there will be false returns since even rare names are usually repeated multiple times in every state. There is also a surprising amount of fluff in the state databases, for example parking tickets can show up, linked to the titleholder of the car.

This is what is encoded in the US passport chip, not the social security number https://www.dhs.gov/e-passports

Will research some more about how all this is brought together, but the final result is going to miss a lot, and also have false positives.

Edit: Adding that criminal records are not stored in the NCIC according to this FBI website
https://www.fbi.gov/services/cjis/ncic
But other sources say all kinds of stuff like arrests without going to court do show up.

Most of the links about this issue are from people selling legal services but this was interesting http://www.hireright.com/blog/2014/01/the-myth-of-the-national-criminal-database/

The glossary of this is interesting, see definitions of III (Interstate Identification Index) and NCIS and how info moves, looks like it is driven by name and birth date, both in the passport chip.

Ken, Thanks! Yes I understand he wouldn't be able to get off the ship at the one Canadian stop.

Doing several hours of research over the past few days I have read many personal accounts of those who were stopped at the airport in Vancouver. Several of them denied entrance. Some of those with older convictions (over 5 years) were able to pay a 200.00 fine, deemed rehabilitated and got the temporary permit. Many stories of those on cruises with a stop in Canada given a letter the night before arriving at Canadian port and required to go to "extra screening" where most are told they will have to stay on the ship. The ship sends a list of passengers to Canadian authorities 96 hours before arrival.

Jill: I read somewhere that the $200 fee is now waived if certain conditions are met. And I commend you for finding actual experiences online, the number of legal service ads is overwhelming.

Edit: Surprised upon looking it up that a DUI conviction around here does not achieve status update in the court record of "discharged from probation or monitoring" until 7 years after conviction, that's active time on the NCIC I suppose.

So after many emails and a plethora of calls (to different numbers) I found out the information and I just wanted to share. The countries that I listed in my original post will allow entry with a DUI. However, England is a little confusing. Could someone help explain it a little better? This was the website I was told to consult:

https://www.gov.uk/government/publications/general-grounds-for-refusals-rfl03/general-grounds-for-refusals-rfl03

The only thing that Ireland suggested was bring a letter from the court stating everything has been settled and all fines have been paid. As far as Canada goes, they DO NOT allow entry even if you are just changing planes. As the boarder patrol agent explained it, "You would still be on Canadian soil, even if you are just in the airport. However, 10 years after the incident you can apply for rehabilitation into Canada." There may be other ways but they take more time, paperwork and money.

Thank you everyone for all of your help and information! :)

How would they know in Canada if you are just staying in transit and nobody is checking your passport that there is somebody with DUI on their soil?

Ilja, I don't really know, but according to the map of Vancouver airport, all arriving passengers go thru immigration, even if just transiting international to international.

http://www.yvr.ca/en/passengers/navigate-yvr/terminal-maps

Bottom link to pdf "All U.S. and international-arriving passengers will proceed.... through security screening and Canada (or U.S.) Customs."

The situation in the UK is as I summarised above. Repeated here are the key points:

At least as far as the UK is concerned, if you have been convicted of a criminal offense visitor admission can be refused on the grounds of being not conducive to the public good. The criteria in detail take into account whether there was a custodial sentence, how long it was, and how long ago it was. If there was no custodial sentence and it happened over 12 months ago then this would be disregarded in the absence of other factors, such as persistent offending.

You haven't given any details of what your sentence was after conviction for this DUI for any specific advice.

Yes, Tom. If Vancouver conditions are valid for all Canada airports then it's clear. All transit passengers have to go through immigration even if they don't go to Canada. But it seems strange why would they add so much useless work for themselves and why would Canadian tax payers pay for it.

Marco: It was 4 years ago and the terms of my sentence was: fines (which have been paid), 24 hold at the local jail, counseling and victim panel. They mentioned a custodial sentence, is the hold going to be a problem?

Kristin: You could look up your case here https://dw.courts.wa.gov/ for all the details.

Or if the court was in Thurston County (and some others), then search here

https://odysseyportal.courts.wa.gov/odyportal

What is says is all that any foreign officials will be able to access. Maybe your birth date is wrong?

oh I'm sorry I thought I mentioned that the DUI was in Arizona. Since the hold was only 24 hours, would it still be considered a custodial sentence?

For the UK entry a custodial sentence of less than twelve months imprisonment is disregarded after five years has passed from the end of the sentence. Not really clear to me if this 24 hour 'hold' amounts to a one day prison sentence.

Then Arizona, it's important to see how the offense was actually recorded, if it was recorded at all.

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1

So which way are you going flight wise or are you still going?

Tom: It was recorded so what specifically am I looking for?

I'm still going to go, just on a flight that does not go through Canada

Is the name your current name and the birthdate correct? You might be lucky here.

Is it listed as a felony or gross misdemeanor? I don’t think anyone cares about a petty misdemeanor even if a DUI (but I have no experience).

But I don’t think I’ve read anywhere that the UK has access to that information.

It does appear that avoiding Vancouver is a good idea.

Is the name your current name and the birthdate correct?
Yes

Is it listed as a felony or gross misdemeanor? I don’t think anyone cares about a petty misdemeanor even if a DUI (but I have no experience).
It's a misdemeanor, if it was a felony I would have had trouble with employment

I’m not seeing online evidence of UK having access to US court records or people being turned away for DUI so why worry.

If this was actually a problem for travelers to Europe there would be no need to search so hard for an answer. The complete lack of information on the subject leads me to believe it is a non-issue. We would have heard about people being rejected at Canadian airports or in Europe, but we haven't.

"But it seems strange why would they add so much useless work for themselves and why would Canadian tax payers pay for it."

;-) Unfortunately, we tax payers don't have much choice in the matter. CBSA establishes whatever procedures they deem necessary in accordance with current laws.

Tom,

"It does appear that avoiding Vancouver is a good idea."

If the OP decides to transit through Canada, it won't matter whether she choose YVR or another airport, as the policies are the same.

Kristin,

"is the hold going to be a problem?"

I doubt that the 24-hour "hold" would even be noticed. That's not really a "custodial sentence" but rather just time spent in processing.

In a later post, you mentioned that your DUI was a "misdemeanor". If that's the case and it's four years old, you may not have a problem even travelling through Canada.

Based on the information you've posted, I doubt that you'll have any problems in any of the countries you'll be visiting. In the meantime, if you have time before your trip, try to have your DUI "vacated" (or whatever it's called) so that you don't have to worry about this in future.

My compliments on being proactive and dealing with this issue in such a responsible way.

We would have heard about people being rejected at Canadian airports

On Netflix there is a TV series called "Border Security Canada". On each episode over multiple seasons there is at least one segment featuring an American being denied entry to Canada due to a DUI.

Ken: maybe not, the YVR airport maps specifically say that US inbound to international outbound passengers are screened at YVR, the Montreal and Toronto airport maps don’t say that.

Lots of posters from central US fly to Toronto to get to Europe, maybe someone will post what happens there.

I have been through both Montreal and Toronto airports. Yes, ALL arriving passengers from the US must through passport control border checks even if they are only transiting to an international flight. You are all herded through the check and then split off depending if you are staying in Canada or flying out internationally. Montreal is very efficient, Toronto has room to improve.

Mark: what’s unusual about the YVR map is that the pre-screened US area and the international departure area abut, but it appears that they have set up a special immigration booth just for US inbound to international outbound that would not intercept any other passengers. It also appears that someone flying SEA>>Chicago and connecting here could avoid immigration and just transit.

Michael Schneider,

"On Netflix there is a TV series called "Border Security Canada". On each episode over multiple seasons there is at least segment featuring an American being denied entry to Canada due to a DUI."

The Border Security shows are also shown here daily on numerous channels (National Geographic, Global, etc). It's interesting to see the reasons why some people are refused entry. Unfortunately the show is no longer being produced in Canada due to our idiotic privacy laws. In more recent episodes, they changed the focus to U.S. Customs & Border Patrol officers in several locations, and their procedures seem very similar to the Canadian ones.

Tom_MN,

I agree that someone flying through ANY Canadian airport having US pre clear set up from a US airport to a US airport does not have to go through Canadian border checks. But I don't think those type of flights happen often. First, US law makes it illegal for the same foreign airline to pick you up at one US airport and deliver you to another US airport (it's called cabotage). This means you would at least have to use a US based airline or two different airlines. It gets more complicated due to you never effectively entering Canada if you stay in the US only wing of the Canadian airports that have US pre clear. I guess the only way to test this would be to try and book a flight. For me, I would never fly through Canada to get from Seattle to Chicago or any other 2 US cities.

Montreal has only one border check area for the arriving US apssengers. The US to International passengers have their own line there, US to Canada have a bunch of lines, and once you get cleared a very serious armed border guard lets you into the international terminal. You can only leave that terminal via an outbound flight.

Toronto has similar abutted US and International terminals to YVR and there is a border check booth where you clear and immediately are in the international wing. Problem is it is just a point in the walkway and was not very well organized last few times I went through.

Seeing how I was the one who figured out Comrade Detective was a parody of a communist propaganda series and not an actual communist propaganda series like others did, I would say that yes it is a good idea to use TV shows to determine reality.
https://community.ricksteves.com/travel-forum/general-europe/european-television-series-on-netflix

According to Border Security other crimes that can get you banned from entering Canada: Bar fights which resulted in misdemeanor charges and fines for punishment (no jail time).

Sorry Michael....I had you confused with James E. An honest mistake since you both travel a lot, post relevant information and quote TV shows.

Just speculating but I suspect the Canada immigration checks at the 3 big airports, for those passengers moving from US clearance area into international transit, are of a reduced nature than those performed on those seeking to enter Canada, perhaps just comparing passengers to watch lists, fugitive lists, etc, people they don’t want boarding planes.

To be on the safe side, we spent a little extra money and did a non-stop out of JKF (my sister lives in NYC). With a trip like this, it's too important to risk anything happening. A majority of what I read all said the same thing: anyone with a DUI cannot enter Canada unless they have done the proper procedures to do so. It sucks that the cheaper flights to Dublin had to go through Canada first, but at the same time, I feel better knowing that I do not have to worry about it.

Again - Kristin I'm so glad you started this thread! Since your first post on 3/28 I have completely changed our Alaska Cruise plans. We are now doing round trip cruise out of Seattle with a different cruise line, and all flights now in and out of Seattle. Would have been a nightmare being stopped in Vancouver and missing the cruise ship departure! Now my FIL will just have to miss out on one port.