DUI record and driving into the USA - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Thor · 07-22-2008, 04:19 PM

Curious, taking a road trip to the US on Thursday to see the Red Elvises in Montana, one of my passengers has a DUI from last year.

Will he face any problems getting in, I've heard some differing/conflicting things on various websites and from friends.

Any help would be much appreciated

Montana Moe · 07-22-2008, 04:31 PM

I can only tell you about going the other way. My brother had a DUI, and as long as we assured the border agents thet he wasn't driving during the trip, they had no problem with it. I don't see how Montana could say anything about it since every day in the news we have folks arrested for their 4th, 5th, 10th DUI.

Are you coming to see them here in Billings on Friday?

You Need a Thneed · 07-22-2008, 04:32 PM

Well, the worst thing that could happen is you have to leave your passenger at the border, the npick him up when you cross back.

MaDMaN_26 · 07-22-2008, 04:33 PM

Pretty sure (although they may tell you or suggest otherwise) the border cops while powerful have no way to access you police records etc... just don't tell them.

Calgaryborn · 07-22-2008, 04:36 PM

All he needs to do is remember to mention it if they ask if he has a criminal record.

Border agents have a lot of power and they can/will hassle you if they don't like the look of you but, a DUI isn't a reason to refuse entry.

Montana Moe · 07-22-2008, 04:37 PM

Quote:

Originally Posted by MaDMaN_26

Pretty sure (although they may tell you or suggest otherwise) the border cops while powerful have no way to access you police records etc... just don't tell them.

They sure do if you're coming into Canada from the States. I had a misdemeanor "Theft" on my record. (accidentally closed a bank account before a $11.00 check went through). The Canadian border folks kindly took me up to a little "interview" room and asked me all about it and what exactly our plans were for the trip.

blankall · 07-22-2008, 04:38 PM

Quote:

Originally Posted by MaDMaN_26

Pretty sure (although they may tell you or suggest otherwise) the border cops while powerful have no way to access you police records etc... just don't tell them.

Not true at all. Border guards can see your criminal record. They normally concern themselves with things like drug charges though.

A surprisingly large amount of people have assault or DUI charges, most get through the border with no problem. Its more about the big picture and whether or not your friend is perceived as a threat to the US.

Calgaryborn · 07-22-2008, 04:44 PM

Quote:

Originally Posted by MaDMaN_26

Pretty sure (although they may tell you or suggest otherwise) the border cops while powerful have no way to access you police records etc... just don't tell them.

Nope. They do have access to your criminal records. They will really hassle you if you don't fully disclose your infractions.

What they don't have is details. If you have had an assault charge it will show up but, they won't know if a weapon was involved. If a weapon was involved they won't let you in. Any drug conviction is enough to keep you out. If they don't like the look of you they can also keep you out. Entry to another Country is a privilege; not a right.

fredr123 · 07-22-2008, 05:05 PM

Bearing in mind that I am not a licensed American lawyer or anything...

The American Immigration and Nationality Act lists a number of persons who are ineligible to enter the USA. Here is an excerpt provided by the US Immigration and Naturalization Service: http://www.travel.state.gov/visa/frv...neligibilities

As far as criminal records go, the USA is primarily concerned with drug offences, people smuggling and crimes of "moral turpitude". According to US Customs and Border Protection: The most common types of crimes involving moral turpitude that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud. At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the United States. http://www.customs.gov/xp/cgov/trave...s_can_info.xml

Thor · 07-22-2008, 05:05 PM

Quote:

Originally Posted by Montana Moe

I can only tell you about going the other way. My brother had a DUI, and as long as we assured the border agents thet he wasn't driving during the trip, they had no problem with it. I don't see how Montana could say anything about it since every day in the news we have folks arrested for their 4th, 5th, 10th DUI.

Are you coming to see them here in Billings on Friday?

Actually Missoula, Thursday night

Table 5 · 07-22-2008, 05:07 PM

Quote:

Originally Posted by Calgaryborn

Entry to another Country is a privilege; not a right.

As is driving. Thor, tell your drunken buddy to stop being a ######.

Thor · 07-22-2008, 05:13 PM

Quote:

Originally Posted by Table 5

As is driving. Thor, tell your drunken buddy to stop being a ######.

He was an alcoholic, he's been sober now 6 months and doing awesome. The DUI was a point at which he realized he needed help, and got him on the road to sobriety.

bigtmac19 · 07-23-2008, 07:52 PM

I know someone with a DUI who has had a lot of hassles crossing the border in our area. They always seem to ask about the "criminal record" thing and he gets hauled in for secondary a lot.