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 you entry if you have been charged with or convicted of a “serious crime” in Mexico or elsewhere.1
“Serious crimes” include all crimes that significantly and negatively affect a society’s fundamental values. According to the Mexican Consulate, examples of serious crimes include:
- murder,
- robbery,
- child pornography,
- corruption of minors,
- terrorism,
- vehicular theft,
- crimes against the environment, and
- extortion.2
Therefore, an immigration officer in Mexico would likely allow you to enter if you have a past misdemeanor DUI. However, you are more likely to be prevented from crossing the Mexican border if you were convicted of a felony DUI.
1. When is DUI a felony?
Most states say that you can be charged with “felony drunk driving” in three instances. These are when you:
- have multiple DUIs already on your criminal background,
- drive under the influence and seriously injure someone (sometimes referred to as vehicular assault),3 and/or
- drive intoxicated and cause a fatal accident (sometimes referred to as vehicular manslaughter).4
In most other situations, drunk drivers will face only misdemeanor DUI charges.
2. What is INTERPOL?
INTERPOL stands for The International Criminal Police Organization.
It is an organization that helps share criminal data across over 190 countries, including:
- the U.S.,
- Mexico, and
- Canada.
INTERPOL essentially helps immigration officers learn of a past drunk driving conviction if they run a background check on you.
3. Can an expungement help?
It could. “Expungement” is the process where a court destroys your criminal record.5 Some states instead offer record seals, where your record gets hidden rather than destroyed.6
If your record is expunged or sealed, it will usually not show up on a criminal background check.
This means a Mexican immigration official would have a more difficult time learning of your past drunk driving conviction.
4. What if I am on probation for a DUI?
If you were placed on probation following a DUI conviction (as opposed to serving jail time), it is a good idea to avoid international travel until you complete your probation.
This is because courts usually impose travel restrictions as part of your probation conditions. Depending on your specific terms, you could be prohibited from traveling out of:
- the county you reside in,
- your state, or
- the U.S.
If you are not sure whether or not you are subject to any travel restrictions, you can ask:
- your probation officer, or
- the judge overseeing your probation.
If you violate a travel restriction, the act could result in your probation being revoked.
5. Can a criminal defense attorney help?
It might help getting advice from a lawyer if you have a past DUI and are thinking about traveling to Mexico.
A criminal defense lawyer can help by:
- advising on whether your criminal record or driver’s license suspension would prevent you from entering Mexico, and
- working with you to try and get your past drunk driving conviction expunged.
In my experience, people with a past DUI are often more confident traveling to another country after speaking with a defense lawyer.
Additional Resources
- Mexico – U.S. Department of State – Bureau of Consular Affairs – General information on traveling to Mexico.
- Mexico Travel Advisory – U.S Department of State – Bureau of Consular Affairs – Detailed list of where to avoid and safety tips.
- Traveling to Mexico with a criminal record – Guidance by the Collateral Consequences Research Center.
- Travel to Mexico With a Criminal Record: Rules and Regulations – Article by the travel agency MX Visitax PRO.
- Traveling to Mexico with a criminal record – Information by the Mexican Embassy in Canada.
Legal References:
- U.S. Department of State website (Travel.State.Gov), “Mexico.”
- See Mexican Consulate website, “Entry Requirements.”
- See for example, Colorado Revised Statutes 18-3-205 (2017).
- See, for example, California Penal Code 192c PC.
- Black’s Law Dictionary, Sixth Edition – “Expungement of record.”
- Compare, for example, Florida Statutes 943.0585 (authorizing the destruction of expunged criminal records) and Nevada Revised Statutes 179.247 (discussing the effects of a sealed record).