Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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You were convicted of driving under the influence (DUI) five years ago. You are now thinking about taking a trip to Cancun. Can you? Will Mexico deny you entry because of your past DUI conviction?
You can generally still travel to Mexico even if you were convicted of DUI or DWI in the United States. Note, however, that Mexican immigration officials can deny foreigners entry into Mexico if they have been charged with or convicted of a “serious crime” in Mexico or elsewhere.1
According to the Mexican Consulate, examples of serious crimes include:
Since most DUI offenses do not rise to the level of these felonies, an immigration officer in Mexico would likely allow you to enter their country with a past DUI.
A basic misdemeanor DUI will probably not bar you from entering Mexico.
As stated above, Mexican authorities can deny you entry into Mexico if you have a criminal conviction on your criminal record for a serious crime.
Per the Mexican Consulate, serious crimes include all crimes that significantly and negatively affect a society’s fundamental values.2
Further, examples of serious crimes include the following criminal offenses:
Note that most DUI cases are not considered as severe as the above crimes. As a result, a Mexican immigration official will probably allow a U.S. citizen to enter Mexico if he/she has a criminal history involving DUI/DWI.
With that said, however, a border agent could prevent an American from crossing the Mexican border if the person was convicted of a serious DUI charge (for example, felony DUI).
Most states say that you can be charged with “felony DUI” in three instances. These are when you:
In most other situations, drunk drivers will face misdemeanor charges.
INTERPOL stands for The International Criminal Police Organization.
It is an organization that helps share criminal data across over 190 countries, including:
INTERPOL essentially helps an immigration officer in Mexico learn of a past DUI conviction (in the U.S.) if the officer runs a background check.
It could. “Expungement” refers to the process whereby a court says that your record involving a DUI gets destroyed.5
While some states provide for expungements, other states offer record seals.
The main difference is that a record seal does not mean that your record gets destroyed. In contrast, the record gets hidden from most people and entities.6
Note that if a DUI record is expunged or sealed, the record will usually not show up on a criminal background check.
This means a Mexican immigration official would have a more difficult time learning of a past DUI conviction.
If you were placed on probation following a DUI conviction (as opposed to serving jail time), it is usually a good idea to avoid international travel until you successfully complete your probation.
This is because courts usually impose travel restrictions on offenders as part of their probation conditions. Depending on your specific terms, you could be prohibited from traveling out of:
If you are not sure whether or not you are subject to any travel restrictions, you can ask:
If you violate a travel restriction, the act could result in:
It might help seeking legal advice from a defense lawyer or law firm if you have a past DUI and are thinking about traveling to Mexico.
A criminal defense lawyer can help by:
In our experiences as criminal defense attorneys, people with a past DUI are often more confident in traveling to another country after speaking with a skilled defense lawyer.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.