DUIs & International Travel: Getting In and Getting Out

A few weeks ago, we discussed the consequences of earning a DUI in a state other than your own. As the summer season approaches and travel plans take shape, it’s equally important to consider the implications of drunk driving in foreign countries. While exploring new destinations and cultures is exhilarating, being aware of the diverse legal landscape surrounding DUI offenses worldwide is crucial. Let’s delve into the intricacies of international DUI, from entry restrictions to legal limits, enforcement practices, and the aftermath of such incidents.

Entry Restrictions: It’s essential to recognize that every nation can deny entry to individuals with DUI convictions from other countries or those with prior DUI records from previous visits to the same destination. Canada, for instance, is known for its strict approach to digging up criminal records, and border officials may refuse entry to those with drunk-driving offenses. Travelers with a DUI in their history can still visit Canada. Still, they must apply for admission through a Canadian consulate beforehand. It’s worth noting that this stringent approach applies to travelers with DUI convictions from the past ten years when attempting to cross the U.S.-Canada border.

Local Driving Laws: Before embarking on international road trips, it’s wise to familiarize yourself with local driving laws. Each country has regulations, including permissible blood alcohol content (BAC) limits. For example, Algeria enforces a BAC limit of 0.01 percent, essentially zero tolerance for alcohol consumption before driving. Sweden maintains a legal limit of 0.02 percent, verging on zero tolerance, and imposes fines based on the individual’s financial status. While laws vary, tourists should know that enforcement may target disoriented travelers, making them susceptible to penalties or legal consequences.

Arrest Abroad: Swift action is crucial if you are arrested for DUI in a foreign country. Contact the nearest U.S. Embassy or regional consulate immediately. They can serve as a temporary liaison between you and local authorities. However, it’s essential to understand that the U.S. State Department will not advocate on your behalf. Instead, they can provide you with the name of an English-speaking attorney familiar with local laws. Given the significant variations in court procedures and DUI penalties across nations, having a local attorney is indispensable. Attempting to leave the country without addressing the charges is ill-advised, as arrests are typically logged into international databases, leading to immigration issues upon departure.

Post-Arrest Considerations: Upon returning home, seeking legal counsel is paramount. Repeat DUI offenders face harsher penalties, and international DUIs can count toward your overall record. For example, suppose you were arrested for drunk driving in Ireland’s Ring of Kerry and subsequently in Aspen. In that case, the second offense carries a heavier sentence. Furthermore, some countries do not expunge DUI incidents from one’s criminal record, potentially affecting American background checks for years to come if not appropriately handled.