Drink Driving / US VWP

[kitty79]

Hi

I was hoping that someone may be able to help me with a few questions I have. There are already a few questions up regarding this issue, but I'm a bit confused!

I am currently into serving an 18 month drink drive ban (7 months of which I have already done).

I have no other previous convictions and this is the only time I have been in trouble with the law in any shape or form.

Up until Aug 2006 I had visited the USA many times on the VWP. But I understand that now I need to apply for a VISA - however some people are saying that this is not neccessary and that I should still put 'NO' on the VWP form (even though I am still serving my ban).

I am also at a later date planning to do some work there for the summer next year and therefore would have to apply for a work visa, do I declare my drink drive ban and if so how would it be viewed? Can the US embassy do a CRB check on me?

And finally, would I have a criminal record forever, or once my ban is spent it will be cleared?

Many thanks

Kitty

[NORMANTHEDOG]

if you apply for a visa,you will be turned down,without a doubt.as we have said on here thousands of times,the us customs have no access to our crinimal records computer,they are only notified of possible people who could and would be a threat to their security,so your dd conviction will not be a problem,just tick the box,and enjoy,hundreds of people do it every week.

[NORMANTHEDOG]

as for working there at a later date,the embassy can and will do a crb check,when you apply for a work permit and it will come back as a conviction,whether its spent or not,so you have no chance of getting a,and yes it will never be removed from your record,its there for life,whether its spent or not.

[tigwig]

My husband was banned for 18months for drink driving and he got a visa from US embassy no problem! They were really nice about it amazingly and said it could have happened to anyone!

[glasgowguy20]

i declared my june 2007, drink driving conviction and went from glasgow to belfast for my tourist visa interview, i now have to go to a medical with a u.s designated doctor, only available place for doctor is london. at �200+vat to have blood test done, to state that i do not have serious drink problem, then these results will be sent back to belfast, for decision to be made within one week. i will also add that friends of mine were turned away on arrival at floriday on september this year, for failure to declare, but then they told me in belfast u,s embassy that they tightened this rule this year, but if you want a laugh, type into google "HAS GEORGE BUSH BEEN CONVICTED OF DRINK DRIVING" the answer "YES"

[carrie44]

Hi everyone
Take it from me. Firstly if you have a drink driving convinction you do need to get a visa from the US embassy. You can get a multiple 10 year visa. You need to contact the embassy - pay �50.00 (with a credit/debit card) for an appointment then they will send you a date online when you should go the embassy for your appointment outlining all the documents you need to bring with you. When you arrive at the embassy you will be given a ticket and you have to go through security. Once in you have to show them proof that you are a UK citizen with you all the documents you need which they will tell you to bring. You will go to a booth with your documents a ticket number being issued. Then after approx 30/45 mins depending how busy they are - you are called to be interviewed. It last about 3/5 mins. They ask you what happened regarding your convinction, ask you when you were in the US last - its all on computer and within 3 seconds give you a 10 year multiple visa, (almost everyone gets one providing you havent got any other convinctions - robbery, murder etc). You then submit your passport so they can put the visa in, which will be forwarded to you a few days later, and then bingo you receive your visa!
However a word of interest- I work with vunerable (education) people and had an enhanced CRB check done on me 8/9 months after the convinction, and it didnt even show up. It is not a spent convinction, so dont tick the box on an application form. So therefore your drink driving convinction isnt a criminal convinction that people take that seriously. It is at the end of the day a motoring offence, providing you didnt cause any accidents, deaths etc. Take it from me I stressed for weeks, because I also travel to the US a lot and I was worried about the convinction, but now I realise had nothing to worry about. Been to the US 3 times since the multiple visa. I have had no problems!
Good Luck
Carrie44

[woofles]

Hi Carrie
the thing about the visa in the states was great, especially given the visa waver forms are changing

i was really interested in your record being clean, I was done in may 2007, banned for a year 07-08 and believed that it would appear on my crb for five years after the sentence ended, for yours not to show up when you were still serving your sentence is interesting

my big worry is canada as they are very strict there but if it doesn't show on my record???

have any others experienced similar?

[woofles]

has any one seen

http://pearsaa1.memset.net/~ddedrink/uploads// /USA%20Visa%20-%20Helens%20experience.pdf
looks pretty nasty
though if it doesn't show up on a crb check it may be easy

[Ricko11]

The above answers are not accurate as of June 2009. The US embassy will refer you for a medical if the drink driving was within the last 3 years. I am awaiting my medical (I had the most minor (12 month reduced to 9) offence, and no others)

[Ricko11]

See
http://travel.state.gov/visa/laws/telegrams/te legrams_3267.html
For the USA view on the medical - very useful

[woofles]

thanks
I read that one too

the US embassy is just inconsistent
their own notes
(http://www.state.gov/documents/organization/86 942.pdf) state that drink driving is not a crime of moral turpetude)

"...b. Crimes committed against governmental authority, which would not constitute moral turpitude for visa-issuance purposes, are, in general, violation of laws which are regulatory in character and which do not involve the element of fraud or other evil intent do not involve moral turpitude. The following list assumes that the statutes involved do not require the showing of an intent to defraud, or commit other evil:

(6) Drunk or reckless driving;

The first question on document I-94W for those visiting the U.S. on the Visa Waiver Program asks:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

to which you can answer no (according to what they have said!
and then in another section, they say that even though it is not a crime or moral turpetude, you need a special visa anyway!

If the visa lasts for 10 years I wouldn't mind, as it would be much cheaper, however if they are going to be arsey about it, well I would just avoid the place

[intrepidT]

I recently went through this same dilemma after being charged with drink driving, and serving a 12 month ban. However i managed to gain acceptance on the visa waiver program website instantly. The main box tick question involves 'crimes moral turpitude' which is defined as conduct that is considered contrary to community standards of justice. This is a really grey area and pretty much refers to crimes like robbery, murder, embezzlement, fraud etc.
when I entering the US 6 weeks ago, I went strait through immigration like everyone else. Prior to going i was really worried, but it seemed to be for no reason. I don't believe US customs have access to anyones UK criminal record without your expressed consent, so as long as you don't do anything stupid on the way through or have been convicted of a serious crime as recorded by interpol, or tick the box which says you have been convicted of crimes against moral turpitude, you should have no problem.
I don't normally post on forums but on this occasion i just wanted to let others know there really is nothing to worry about if thats the only mistake you've made. Enjoy your holiday!

[brightonfoxy]

i have an appointment for a visa at the US Embassy. Will they send me for a medical for a drink drive conviction in which i was banned fo 24 months