DUI, DWI AND U.S. ADMISSIBILITY
A prior DUI or DWI can become important when CBP questions a traveler during inspection at a U.S. airport or border. An ordinary alcohol-related DUI does not automatically require refusal, but aggravated offenses, controlled-substance cases, repeated alcohol incidents or a related medical issue can change the analysis. This page focuses on what CBP may examine and what should be reviewed before another attempt to enter the United States.
Scope of this page: DeportedAtBorder.com addresses DUI and DWI issues here from the perspective of CBP inspection, denied entry and preparing for another trip to the United States. For the broader immigration analysis of DUI convictions, CIMTs, controlled substances and alcohol-related medical inadmissibility, see the DUI immigration guide on INA212.com.
Current Department of State guidance lists drunk or reckless driving among offenses that generally do not involve moral turpitude.
A DUI conviction should not automatically be labeled a crime involving moral turpitude. The exact statute and any aggravating elements must be reviewed.
Department of State guidance cautions that aggravated drunk driving may constitute a crime involving moral turpitude.
The analysis depends on the elements required for conviction, including any culpable mental state and aggravating conduct.
A driving conviction involving a controlled substance can raise issues different from an alcohol-only DUI. The controlled-substance ground under INA §212(a)(2)(A)(i)(II) should be analyzed separately where applicable.
INA §212(a)(1)(A)(iii) concerns a physical or mental disorder with associated harmful behavior or a history of such behavior likely to recur.
Department of State medical guidance identifies driving while intoxicated as an example of potentially harmful behavior, but harmful behavior alone is not enough. The behavior must be associated with a qualifying physical or mental disorder.
Current Department of State guidance directs consular officers to refer visa applicants to a panel physician after a single alcohol-related arrest or conviction within the previous five years, two or more within the previous ten years, or other evidence suggesting an alcohol problem.
This consular medical-referral procedure is separate from deciding whether the DUI itself is a CIMT.
No. The precise statute and all potentially applicable criminal and medical grounds must be analyzed.
No. Current Department of State guidance generally lists drunk driving outside the CIMT category, while warning that aggravated drunk driving can be different.
Yes. Repeated alcohol-related incidents can increase scrutiny and can become relevant to medical evaluation and other immigration analysis.
These government materials provide the principal criminal-inadmissibility framework discussed on this page.
Simple DUI, aggravated DUI, drug-related DUI and an alcohol-related medical issue can lead to very different immigration results.