Even if you’ve heard stories that individuals have been able to cross the Mexican border, the fact is that a DUI conviction can stop you from crossing in either direction. Counting on a border agent not to follow the laws of either the U.S. or Mexico is no way to make travel plans.
Getting a DUI conviction can severely affect every aspect of your life for a decade or more. While people know that it can affect their car insurance or chances of getting a job, many don’t realize that it can change your ability to visit other countries. Depending on the current status of your driving record, it can be impossible to cross the Mexican border if you have a DUI.
A DUI on your record can affect you whether you’re coming into the U.S. from Mexico or crossing from California into Mexico. Work with a skilled Los Angeles DUI lawyer if you’ve been charged with a drunk driving offense. A lawyer could help expunge your record, which may allow you to travel more freely. Call the Los Angeles DUI Attorney today to schedule a free consultation.
Crossing Into the U.S. From Mexico With a DUI
The U.S. generally only prevents individuals from entering if they have committed a serious or morally reprehensible crime. The specific crimes and general guidelines border agents are required to follow are outlined in the Immigration and Nationality Act (INA).
INA specifically names the following crimes:
- Sexual assault
- Fraud
- Theft
- Murder
A DUI conviction, by itself, generally does not rise to the level of affecting an individual’s ability to enter the U.S. at the Mexican border. However, there are circumstances in which a DUI plays a role in preventing an individual from entering the country.
Crimes Involving Moral Turpitude
A DUI can make entry inadmissible when it is combined with aggravating factors. Consult an experienced lawyer to learn if any aggravating factors impact you before crossing the border between the U.S. and Mexico if you have a DUI.
Factors that might make a DUI conviction more serious in the eyes of U.S. immigration law include:
- You have multiple DUIs on your driving record, which makes you be considered a “habitual drunkard”
- Your DUI occurred while a child was in your vehicle
- You were found in possession or under the influence of an illegal substance
- Your license was already suspended prior to your DUI arrest
These factors can make a DUI rise to the level of a “crime involving a moral turpitude” under the INA. These factors show that the individual either knowingly disobeyed the law or was otherwise seriously negligent about the safety of others. Once a crime reaches this level, immigration officials can turn you away when you try to cross the Mexican border.
Traveling to Mexico From the U.S. With a DUI
Mexico’s immigration laws are much less lenient regarding DUI convictions. Under Article 37 of Mexico’s General Law of Population, violations of domestic laws in a person’s home country are grounds to deny that person entry into Mexico.
Regardless of whether your DUI was a misdemeanor or a felony in the U.S., Mexican law treats it at a level that is like a felony. What is often worse for individuals is that the DUI conviction doesn’t have to be recent. If the offense occurred at any point within the past 10 years, border agents can stop you when you try to cross the Mexican border.
Not Having a DUI on Your Record Is Your Best Chance to Cross the Mexican Border
If you’ve been arrested for driving under the influence and want to be able to cross the Mexican border if you have a DUI at some point in the next decade, it is in your best interest to contact an experienced DUI attorney sooner rather than later. Since a DUI conviction can result in you being denied entry at the border, building a solid defense against the charge can be imperative.
Likewise, if you’ve been convicted of a DUI charge in the last 10 years, you can be denied the ability to cross the Mexican border. However, expunging your DUI conviction from your criminal record may help you when you attempt to cross the border.
If you’ve completed the penalties given to you for your DUI conviction, you can have a DUI attorney help you file for expungement. While the DUI can still affect your driving record, it will not appear in a number of criminal background checks.
A Statistical Overview of DUI Arrests in Los Angeles
According to the California DMV’s report, Los Angeles County (LAC) recorded 24,642 DUI arrests in 2018, followed by 23,529 in 2019, with a decrease to 17,780 in 2020. This data indicates a declining trend in DUI incidents within LAC.
Further exploring the statistical landscape of DUIs, the 2020 Annual Report of the California DUI Management Information System provides valuable insights into the nature of DUI arrests within the county. Among the total documented arrests, 852 were classified as felonies, 35 as juvenile offenses, and a notable 16,893 as misdemeanors.
The Los Angeles DUI Attorney Offers Compassionate Guidance
Crossing the Mexican border with a DUI conviction can lead to significant complications and potential legal repercussions. A DUI conviction may affect your ability to enter Mexico, as immigration officials could deny entry based on criminal history. Additionally, returning to the U.S. with a DUI can result in heightened scrutiny at the border or a denial of entry.
A skilled lawyer will help you navigate these complexities, potentially mitigating the consequences and protecting your rights throughout the process. If you’re ready to see how an experienced Los Angeles DUI attorney can help you deal with your travel concerns, contact us.
